CO129-586-4 Registration of Dentists Ordinance 1940 12-3-1940 - 16-3-1940 — Page 8

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

10

Recovery of fees.

Correction

of register

Cancellation

(2) Any person or persons wilfully obstructing a duly authorized officer of the Board in the inspection of premises used or proposed to be used for the practice of dentistry shall be guilty of an offence against this Ordinance, and shali be liable on conviction therefor to a fine not exceeding one hundred dollars.

15.—(1) No person shall be entitled to recover any fee or charge in any court for the performance of any dental operation or for dental attendance or advice unless, at the time of performing such operation or rendering such attend- ance or advice, he was registered under this Ordinance and had an annual practising certificate in force authorizing him to practise or was entitled to practise under the provisions of section 9.

(2) This section shall not apply to any person to whom the provisions of section 3 (2) or section 26 of this Ordinance apply.

16. (1) The Registrar shall from time to time insert in the register any alteration which may come to his knowledge in the name or address of any person registered.

(2) The Board may remove from the register the name of any person who

(a) is believed to be deceased; or

(b) has no address in the Colony at which he can be found or has ceased to reside in the Colony for a period of five years; or

(c) is no longer practising dentistry in the Colony.

17.-(1) The Board may cancel a certificate of registra-

of certificate tion and direct the removal from the register of the name of of registra.

any person registered if after due inquiry the Board is satisfied that such person—

tion.

(a) has obtained registration by a fraudulent or incorrect statement; or

(b) has been convicted of any felony or misdemeanor or of any offence against this Ordinance; or

(c) has been guilty of infamous or disgraceful conduct

in a professional sense; or

any

(d) has for any disciplinary reason been struck off the Dentists Register of the United Kingdom or of other country or off the Roll of any Dental College or other licensing body.

(2) Upon any such inquiry the person against whom any offence under the preceding sub-section is alleged shall be entitled to appear and be heard by counsel or solicitor.

(3) The Registrar shall forthwith publish in the Gazette the name of any person removed from the register under the provisions of this section.

removal

refusal to

18.—(1) Any person aggrieved by the removal of his Appeal name from the register or by any refusal or failure to register against or re-enter his name in the register may, within three months from after the date of publication in the Gazette of the removal of register or his name, or within six months after the date of the refusal register. or failure to register or re-enter his name, as the case may be, at his option appeal, either to the Supreme Court or to the Governor in Council against the removal or the refusal or the failure, as the case may be, and on any such appeal the Supreme Court, or the Governor in Council, as the case may be, may make such order in the matter as seems proper, including any order as to the costs of the appeal.

(2) Any person who appeals under sub-section (1) shall, after the commencement of proceedings, be deemed to have made a conclusive election and any order of the Supreme Court or the Governor in Council, as the case may be, made therein, shall be final and conclusive, and no appeal shall lie from such order.

(3)-(a) An appeal to the Supreme Court shall be made

to a single judge by notice of motion, and supported by affidavit, or, if the court shall so direct on the hearing of the motion, by oral evidence, and, subject to the provisions of this Ordinance, the provisions of Part IV of the Code of Civil Ordinance Procedure shall, so far as practicable, apply to and govern 1901. the appeal.

(b) an appeal to the Governor in Council shall be by petition.

No. 3 of

19. Any person who fraudulently procures or attempts Penalty for to procure himself or any other person to be registered under fraudulent

registration. this Ordinance shall be guilty of an offence against this Ordinance.

name or

title of a

20. Any person not registered as a dentist under this Penalty for

falsely Ordinance who wilfully or falsely pretends to be or takes or pretending uses the name or title of a dentist, dental surgeon, qualified to be or

taking or dentist, doctor of dental surgery, professor of dentistry, using the surgeon dentist, or any name, title, addition or description implying, whether in itself or in the circumstances in which dentist. it is used, that such person is a dentist or that such person is qualified to heal or treat dental disorders or derangements, whether by dentistry or any other means of any kind or description whatsoever, shall be guilty of an offence against this Ordinance.

his

21. A registered dentist not entitled to registration Penalty for

registered under paragraph (a) or (b) of section 7 shall not make use, dentist in describing his vocation, of any term other than that of falsely "registered dentist". Any such registered dentist who wil- describing fully or falsely pretends to be or takes or uses the name or vocation. title or a dental surgeon, surgeon dentist, qualified dentist, doctor of dental surgery, professor of dentistry or any name, title or description implying in itself or in the circumstances in which it is used that such registered dentist pos- sesses or holds any qualification to practise other than that he is registered as a dentist shall be guilty of an offence against this Ordinance.

22. Any registered dentist who practises dentistry in Covering premises in which an unregistered person practises dentistry shall be guilty of an offence against this Ordinance.

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