00
8
CAP. 162]
Midwives Registration
[1988 Ed.
(b) has been guilty, in Hong Kong or elsewhere, of unprofessional
conduct;
(c) has obtained registration by fraud or misrepresentation;
(d) was not at the time of registration qualified to be registered;
(e) has contravened any prohibition imposed under the provisions of
section 19; or
(f) has failed to comply with any direction of the Board issued under
section 24,
the Board, in its discretion, may-
(i) order that the name of such midwife be removed from the register; (ii) order that the name of such midwife be removed from the register for
such specified period as it may think fit;
(iii) order that such midwife be reprimanded; or
(iv) postpone judgment on the case for any period not exceeding 2 years,
and may, in any case, make such order as the Board thinks fit with regard to the payment of costs of the secretary or of any complainant or of the registered midwife. (Amended, 61 of 1969, s. 4 and 67 of 1985, s. 16)
(2) Any costs awarded in pursuance of subsection (1) may be recovered as a civil debt. (Replaced, 38 of 1973, s. 3)
(3) For the purposes of section 8 and this section, "unprofessional conduct" means an act or omission of a registered midwife which could be reasonably regarded as disgraceful or dishonourable by registered midwives of good repute and competency.
(4) Nothing in this section shall be construed to require the Board to inquire into the question whether a registered midwife was properly convicted but the Board may consider any record of the case in which such conviction was recorded and any other evidence which may be available and is relevant as showing the nature and gravity of the offence.
(5) In any inquiry under this section as to whether a midwife has been guilty of unprofessional conduct, any finding of fact which is shown to have been made in any matrimonial proceedings in a court of the Commonwealth having unlimited jurisdiction in civil matters, or on appeal from a decision in such proceedings, shall be conclusive evidence of the fact found.
(6) Within 30 days after the expiration of the time within which an appeal against an order made by the Board, in accordance with the provisions of subsection (1), may be made to the Court of Appeal in accordance with the provisions of section 15, or if such appeal has been made, within 30 days after the decision of the Court of Appeal affirming or varying such order, the Board shall cause the order or the order as so varied, as the case may be, to be published in the Gazette, and may cause an account of the proceedings at the inquiry at which such order was made to be so published together with sufficient particulars to acquaint the public with the nature of the offence to which the order relates. (Amended, 92 of 1975, s. 59)
00
8
CAP. 162]
Midwives Registration
[1988 Ed.
(b) has been guilty, in Hong Kong or elsewhere, of unprofessional
conduct;
(c) has obtained registration by fraud or misrepresentation;
(d) was not at the time of registration qualified to be registered;
(e) has contravened any prohibition imposed under the provisions of
section 19; or
(f) has failed to comply with any direction of the Board issued under
section 24,
the Board, in its discretion, may-
(i) order that the name of such midwife be removed from the register; (ii) order that the name of such midwife be removed from the register for
such specified period as it may think fit;
(iii) order that such midwife be reprimanded; or
(iv) postpone judgment on the case for any period not exceeding 2 years,
and may, in any case, make such order as the Board thinks fit with regard to the payment of costs of the secretary or of any complainant or of the registered midwife. (Amended, 61 of 1969, s. 4 and 67 of 1985, s. 16)
(2) Any costs awarded in pursuance of subsection (1) may be recovered as a civil debts. (Replaced, 38 of 1973, s. 3)
(3) For the purposes of section 8 and this section, "unprofessional conduct" means an act or omission of a registered midwife which could be reasonably regarded as disgraceful or dishonourable by registered midwives of good repute and competency.
(4) Nothing in this section shall be construed to require the Board to inquire into the question whether a registered midwife was properly convicted but the Board may consider any record of the case in which such conviction was recorded and any other evidence which may be available and is relevant as showing the nature and gravity of the offence.
(5) In any inquiry under this section as to whether a midwife has been guilty of unprofessional conduct, any finding of fact which is shown to have been made in any matrimonial proceedings in a court of the Commonwealth having unlimited jurisdiction in civil matters, or on appeal from a decision in such proceedings, shall be conclusive evidence of the fact found.
(6) Within 30 days after the expiration of the time within which an appeal against an order made by the Board, in accordance with the provisions of subsection (1), may be made to the Court of Appeal in accordance with the provisions of section 15, or if such appeal has been made, within 30 days after the decision of the Court of Appeal affirming or varying such order, the Board shall cause the order or the order as so varied, as the case may be, to be published in the Gazette, and may cause an account of the proceedings at the inquiry at which such order was made to be so published together with sufficient particulars to acquaint the public with the nature of the offence to which the order relates. (Amended, 92 of 1975, s. 59)
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