1967-HKRS30-8-58_Part05 — Page 36

Submission

of receipt of complaint dr in formation.

Complaint

or informa- tion touching conduct.

13. Where a complaint is made to or information

is received by the Secretary that a registered dentist-

(a) has been convicted in the Colony or else. where of any offence punishable with imprisonment;

(b) has been guilty of unprofessional conduct;

(c) has obtained registration by fraud or mis-

representation;

(d) was not at the time of his registration

entitled to be registered; or

(e) is practising dentistry in premises or under conditions which are unsuitable for such practice.

or that an applicant for registration-

(1) has been convicted in the Colony or else- where of any offence punishable with imprisonment;

(ii) has been guilty of unprofessional conduct; or (i) is the subject of an existing order made under paragraph (1) or (ii) of subsection (1) of section 17 of the repealed Ordinance, the Secretary shall submit the complaint or informa- tion to the Committee.

14. (1) Where, in a complaint or information submitted by the Secretary to the chairman of the Committee under regulation 13, any allegation is made which in the opinion of the chairman of the Com- mittee gives rise to a question whether a registered dentist or an applicant for registration has been guilty of unprofessional conduct, the chairman of the Com- mittee may require that the complaint or information be formulated in writing setting out the grounds thereof and, except where the complaint or informa- tion is in writing under the hand of a public officer. supported by one or more statutory declarations as to the facts of the case.

(2) Each statutory declaration referred to in paragraph (1)

(a) shall state the address and description of

the declarant; and

Reference of com- plaint or informa-

tion to the Committee.

by the Committee.

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(b) if any fact declared is not within the personal knowledge of the declarant, shall state the source of the declarant's informa- tion and the grounds for his belief in the truth of the facts; and

(c) shall be duly stamped.

15. (0) Where a complaint or information is submitted to the chairman of the Committee by the Secretary, the chairman of the Committee shall, unless it appears to him that the complaint or information

frivolous or groundless and should not proceed further, direct that the complaint or information be referred to the Committee for its consideration and shall fix a date upon which it is proposed that the Committee shall meet to consider the complaint or information.

(2) Where the chairman of the Committee directs that a complaint or information be referred to the Committee, he shall direct the Secretary to, and the Secretary when so directed shall-

(a) notify the defendant of the receipt of the

complaint or information;

(b) inform him of the substance thereof;

(c) forward to him a copy of any statutory declaration furnished under paragraph (1) of regulation 14:

(ch inform him of the date upon which the Committee is due to meet for the purpose of considering the complaint or information; and

(e) invite him to submit to the Committee any explanation of his conduct or of any other matter alleged in the complaint or informa. Lion which he may have to offer.

Considera-

15A. (1) Al the meeting at which the complaint tion of com- or information is considered by the Committee, the plaint or Information Secretary shall put before the Committee the com- plaint or information, any statutory declaration received therewith. any explanation submitted by the defendant and any other document or matter in the nature of evidence relevant to or in support of the complaint or information and which is available.