112211-1927-Supplementary-Bills-read-a-first-time--Jesuit-Order-Incorporation-General-Loan-and-Inscribed-Stock-Amendment-Medical-Registration-Amendment-Watchmen — Page 8

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11. Sub-section (3) of the new section 14 gives the Medical Board power to strike off any person who obtained registration by fraud or misrepresentation, and any person who was not, at the time of registration, entitled to be registered. With regard to the latter part of the preced- ing sentence, it is possible to imagine a case of registration by mistake without any fraud or misrepresentation,

12. Sub-section (4) of the new section 14 expressly requires that reasonable notice of any proposed inquiry shall be served on the person concerned.

13. Sub-section (6) of the new section 14 provides that no person shall be struck off the register, and no publication of any censure, etc., shall be made, until fourteen days after a notice of the decision of the Medical Board has been served on the person concerned. Sub-section (5) requires a notice of the decision of the Medical Board to be served on the person concerned. Sub-section (6) provides that in the case of an appeal striking off or publication shall await the decision of the Governor in Council.

14. Section 8 of this Ordinance is new and provides a method of serving notices under the Ordinance. Notices are to be sent to the address on the register, or, if the person be not registered, to the address furnished to the Medical Board. Notices are to be sent by registered post and are deemed to have been served as soon as they are posted.

15. Section 9 of this Ordinance increases the maximum penalty for an offence under section 17 of the principal Ordinance to $1,000 and six months imprisonment. The maximum penalty in the principal Ordinance is $100. This seems much too small for such an offence as wilfully and falsely using a title implying a qualification to prac- tise medicine or surgery.

16. The new section 18 which is inserted in the prin- cipal Ordinance by section 10 of this Ordinance deals solely with the question of appeal to the Governor in Council, the powers of the Medical Board being dealt with in the new section 14 referred to above. The new section 18 contains the following new provisions

:-

(a) The appeal is to be by written petition.

(4) The petition must be presented within fourteen days from the date of the service of the notice of the decision of the Medical Board on the per- son concerned.

(e) With the petition the Governor in Council may consider any written reply of the Medical Board to the petition,

It will be seen that the section contemplates that the appeal shall be decided on the written documents, and that no provision is made for the appearance of the appel- lant before the Governor in Commeil. Speaking generally, the Governor in Council is probably not a very convenient tribunal for bearing appeals orally. With regard to sub- paragraph (c) above, no doubt the Governor in Council would in a proper case give the appellant an opportunity of answering in writing the reply of the Medical Board, e.g., if the reply of the Medical Board disclosed new matter which was not disclosed at the inquiry.

17. Section II of this Ordinance provides that all pro- fessors of the Faculty of Medicine of the University of Hong Kong shall be deemed to be registered practitioners. It is understood that those professors are entitled by the terms of their agreements with the University to practise as consultants.