1969-HKRS28-8-36_Part03 — Page 13

Liability of authorized sellers of

poisons for acts of employees.

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(ii) subject to subsection (5), any or all of the premises of that body shall be removed from the register of premises and be disqualified, for such period as may be specified in the direction, from being registered therein. (3) (@) A person or body in respect of whom or which a direction has been made under subsection (2) may, within twenty-eight days after receipt of notice under subsection (1) of section 19. appeal to the Supreme Court. (6) On any such appeal, the Supreme Court may affirm. reverse or vary the direction of the Disciplinary Committee and the decision of the Supreme Court on such appeal shall be final.

(4) The Disciplinary Committee may, subject to subsection (5), cause its decision in any inquiry held under this section to be published in the Gazette, with or without an account of the proceedings.

(5) No direction under sub-paragraph (1) of paragraph (0) or (b) of subsection (2) shall be given effect to and no publication under subsection (4) shall be made-

(a) until after the expiry of the time limited for an appeal

under paragraph (a) of subsection (3); or

(6) where there is an appeal to the Supreme Court, until such

appeal has been determined or withdrawn.

(6) The Disciplinary Committee may, of its own motion or on the application of the person or body concerned, —

(a) without fee or on payment of such fee not exceeding the amount of the fee payable on registration as a pharmacist as the Disciplinary Committee determines, direct the Secretary to restore to the register of pharmacists the name of any person which has been removed therefrom; (b) direct that a disqualification from being an authorized

seller of poisons shall cease;

(c) without fee or on payment of such fee not exceeding the amount of the fee payable on registration of premises as the Disciplinary Commitice determines, direct that any premises removed from the register of premises be restored thereto.

17. (1) In any case under section 16, where the person con- victed of an offence or guilty of misconduct is an employee of the authorized seller of poisons, the Disciplinary Committee shall not give any direction unless proof is given to its satisfaction of some

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one or more of the facts specified in subsection (2), and it is of the opinion that having regard to the facts so proved the authorized seller of poisons ought to be regarded as responsible for the offence or misconduct.

(2) The facts as to some one or more of which the Disciplin- ary Committee must be satisfied before giving any such direction as is mentioned in subsection (1) are...

(a) that the offence or misconduct in question was instigated or connived at by the authorized seller of poisons or in the case of a body corporate, by an officer of that body corporate or in the case of an unincorporated body of persons, by any member of such body;

(b) that the authorized seller of poisons or any person employed by him, or, in the case of a body corporate or an unincorporated body of persons, any officer or member of such body, as the case may be, had been guilty, at some time within twelve months before the date upon which the offence or misconduct in question took place, of a similar offence or misconduct and that the authorized seller of poisons had, or ought reasonably to have had, knowledge of that previous offence or misconduct;

(c) if the offence or misconduct in question was a continuing offence or continuing misconduct, that the authorized seller of poisons had, or reasonably ought to have had, knowledge of the continuance thereof;

(d) in the case of an offence under this Ordinance, that the authorized seller of poisons had not used due diligence to enforce the execution of this Ordinance.

(3) In this section references to the responsibility, knowledge or diligence of an authorized seller of poisons shall, in the case of a body corporate or an unincorporated body of persons, be con- strued as references to the responsibility, knowledge or diligence of that body as a whole.

18. In any inquiry conducted by the Disciplinary Committee the decision of the committee shall be taken on the vote of a majority of the members.

19. (1) The Secretary shall cause notice of any direction given by the Disciplinary Committee to be given to the registered pharmacist or authorized seller of poisons, as the case may be, to whom the direction relates, and, where the Disciplinary Com- mittee refuses an application for a direction the Secretary shall cause notice of the refusal to be given to the applicant. A notice

Voting of Disciplinary Committee.

Provisions as lo

directions given Committee. by Disciplinary