TNAG-0955-FCO40-1174-Legislation-for-traffic-on-roads-in-Hong-Kong-1980 — Page 175

A218

Provisions

relating to decisions and

orders of boards.

Appeals to Court of Appeal.

(Cap. 4.)

Boards may

prepare Codes of Practice.

Ord. No. 42/80

SUPPLEMENTARY MEDICAL PROFESSIONS

(4) Notwithstanding subsection (3) a person who appears as a witness 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 is implicated or concerned in the subject matter of the inquiry, shall be entitled to be represented by counsel or a solicitor at the inquiry.

(6) A person who-

(a) behaves in an insulting manner or uses any abusive, threatening or insulting expression to or in the presence of a board; or (b) 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 while 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.

25. (1) Any person whose application for registration is declined under section 13(2) or a person registered who is aggrieved by an order 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 order 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 Ordinance.

(5) Notwithstanding subsection (4), the Court of Appeal shall not hear an appeal against a decision of a board under section 13(2) or an order made under section 22(1) unless notice of the appeal was given within 1 month of the service of a board's decision on the applicant or within 1 month of the service of the order under section 24, as the case may be.

PART VI

GENERAL

26. (1) A board may prepare and revise Codes of Practice for the relevant profession for the purposes of this Ordinance-

(a) prescribing standards of conduct and practice for persons practising that profession, for the employers of persons practising that profession and the directors of any company carrying on the business of practising that profession; and

(b) regulating the activities of persons practising that profession including the activities of such persons in the supervision and

SUPPLEMENTARY MEDICAL PROFESSIONS

Ord. No. 42/80

A219

control of unqualified persons assisting such persons in the practice of the profession,

and the Codes of Practice may prohibit specified activities.

(2) The secretary of the board shall cause a copy of a Code of Practice and each revision thereof to be served upon each person registered in respect of the profession to which the Code of Practice or revision applies.

(3) A person, who contravenes any Code of Practice prepared or revised under subsection (1) and applicable to his profession, shall be deemed to have acted in an unprofessional or improper manner; but the fact that any matters are not mentioned in a Code of Practice, shall not preclude the board from judging a person to have acted in an un- professional or improper manner by reference to those matters.

27. (1) A person guilty of an offence against-

(a) section 12(2), is liable on conviction to a fine of $5,000 and

to imprisonment for 2 years;

(b) section 14(6) or 14(8), is liable on conviction to a fine of $500; (c) section 18(2) or 18(3), is liable on conviction to a fine of $1,000; (d) section 19(3), is liable on conviction to a fine of $2,000 and to

imprisonment for 6 months;

(e) section 20(2), is liable on conviction to a fine of $5,000 and to

imprisonment for 6 months;

(f) section 21(1) or 21(2) is liable on conviction to a fine of $5,000

and to imprisonment for 6 months;

(g) section 23(3) or 23(6), is liable on conviction to a fine of $500

and to imprisonment for 3 months.

Penalties.

28. Where any notice or order is required by this Ordinance to be Notices. served upon or given to a person by the secretary then it shall be sufficient

if it is sent by registered letter addressed to him at his last registered address.

29. (1) The Governor in Council may by regulation provide for- Regulations. (a) the qualifications and experience required by persons to qualify

them for registration;

(b) the additional qualifications and experience required by persons wishing to practise on their own account or as a corporation or in partnership;

(c) the licensing of premises used by persons to practice professions; (d) the supervision and control of unqualified persons who assist

registered persons in the practice of a profession;

(e) the form and number of parts of every register and the mode in

which they shall be kept;

(f) the manner in which applications for registration shall be made; (g) the receipt of complaints or information about any registered person or any applicant for registration and the establishment for each profession of a committee to be known as the Preliminary Investigation Committee for that profession to make a preliminary investigation into such complaint or information and to determine whether or not there shall be an inquiry under section 22;