Diaclplasty pawecki ad bautd.
Power of
Board at Loguintes.
10
(0) Where a person has been convicted of an offence under this section, a magistrate may, on application made on behalf of the Crown, order that all materials and equipment in the possession of under the control of that person and used in the practice of a profession shall be forfeited.
PART V
DISCIPLINE
22. (1) If after due inquiry into any case referred to it by A Preliminary Investigation Commilles in accordance with regulations mado under section 29 à board is satisfied that a person registered by that board-
(a) has been convicted in Hong Kong or elsewhere of an offence
punishable with imprisonment;
(b) has acted in an unprofessional or improper manner;
(c) was not at the time of bis registration qualified to be registered:
(
has obtained registration by fraud or misrepresentation; or
(e) has not complied with or is in breach of any condition of his registration (other than a condition under section 15) or has failed to comply with this Ordinance,
the board maş—
() order the name of the person registered to be removed from the
register;
(i) order the name of the person registered to be removed from the
register for such period as it thinks fit;
(ii) order the person registered to be reprimanded; or
(iv) order that a waming letter in such terms as it considers appro-
priate be served on the person registered.
(2) Within 1 month after the expiry of the time within which an appeal against an order made by a board under subsection (1) may be made to the Court of Appeal under section 25 or if such appeal has been made, within 1 month after the decision of the Court of Appeal affirming or varying such onder, the board-
(ơ) shall, in the case of an order made under subsection (10), M or (iii), or the order as so varied, as the case may be, publish the order in the Gazette together with an account of the particulars and the nature of the matter to which such order relates; and
(5) may, in the case of an order made under subsection (1)(iv) or the order as so varied, as the case may be, publish the order in the Gazette together with an account of the particulars and the nalure of the matter to which such order relates.
(3) In any inquiry held under this section, a board may make such order as it thinks fit for the payment of the costs of its secretary, a com- plainant, counsel or a solicitor present at the inquiry and the person registered or any one or more of them and any costs awarded may be recovered as a civil debt.
23. (1) For the purposes of an inquiry under section 13 or 22 or when it otherwise appears desirable to a board that any matter relating to the relevant profession should be inquired into, the board shall subject to subsection (4) have—
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(a) to bear, receive and examine evidence on oath; and
(b) to summon a person to attend the inquiry to give evidence or produce a document or other thing in his possession and examine him as a witoess or require him la produce a document or other thing in his possession.
(2) A summons under subsection (1) shall be in the prescribed form and signed by the secretary of the board.
(3) Subject to subsection (4), a person who-
(a) being summoned under subsection (1) to attend an inquiry to give evidence or to produce a document or other thing in his possession, refuses or neglects to do so; or
(3) being examined under subsection (1) as a witness by or before a board, refuses or neglects to answer a question put to him by or with the concurrence of the board, or to produce a document or other thing in his possession when required to do 80,
commits an offence.
(4) Notwithstanding subacction () a person who appears as a witnesa before a board shall be entitled to the same privileges in respect of the giving of evidence and the production of a document or other thing as he would be entitled to if "appearing as a witness in civil proceedings before the High Court.
(5) A person whose conduct is the subject of an inquiry, or who ja implicated or concerned in the subject maiter of the inquiry, shall be entitled to be represented by counsel or a solicitor at the inquiry.
(6) A person who-
(a) behaves in so insulting manner of usea any abusive, threatening or insulting expression to or in the presence of a board; or (6) wilfully disrupts the proceedings of a board,
commits an offence.
24. (1) The secretary of a board shall cause a copy of any decision of the board under section 13(2) or of any order made by the board under section 22 to be served forthwith upon the person concerned.
(2) No order of a board under section 22(1) shall take effect whilo the person to whom the order relates remains entitled to appeal against the decision in accordance with section 25 or while the appeal awaits determination by the Court of Appeal.
Provisions los to
deallonu #nd orders of Inchiundis.
Appeal.
25. (1) Any person whose application for registration is declined Apprate to under section 13(2) or a person registered who is aggrieved by an order Coat of made in respect of him under section 22(1) may appeal to the Court of Appeal and The Court of Appeal may thereupon affirm, reverse or vary the decision or arder appealed against.
(2) The decision of the Court of Appeal shall be final.
(3) The Court of Appeal may make such order for the payment of costs as it considers reasonable.
(4) Subject to subsection (5), the practice in relation to the appeal shall be subject to any rules of court made under the Supreme Court (Cap. 43 Ordinance.
(5) Notwithstanding subsection (4), the Court of Appeal shall not bear an appeal against a decision of a board under section 1302) or an
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