31 tal-1985

L.N, 3 1 of 1985

ME DICAL AND KINDRED PROHSSIONS ORDINANCE (CAP, 51)

Hoard for the Professions Supplementary to Medid~

(E rasure of Names Procedure) Rules, 1985

IN exe rcise of the powers conferred by section 871 of the Medical

and Kindred Professions Ordinance, the Board for the Professions

Supplementary 10 Medicine, with the approval of the Minister of Heal th

and Environment, has made the following rules

I. These rules may be cited as the Board for the Professions Cit. tio~.

Supplementary to Medicine (Erasure of Names Procedure) Rules, 1985.

In these rules -

I"terpre' . tion.

"appropriate register" means the appropnate register for the

purposes of the Ordinance

" Board" means the Board for the Professions Supplementary

10 Medicine established by the Department of Health (Consti tu· Cap. 148

tion) Ordinance;

"Cbainnan" means the Chairman of the Board for the Profes-

sions Supplementary to Medicine and includes, in thc case of

absence of the Chairman from a meeting of the Board, the member

acting as chainnan for that meet ing;

"charge" mcans a charge specified in a notice of inquiry;

"notice of inquiry" has the meaning assigned to it in rule 5( I)

of these rules;

"Ordinance" means the Medical and Kindred Professions

Ordinance;

"practitioner"' means a physiotherapist, a medical laboratory

technician, an occupational therapist. a radiographer, a speech

therapist, a health inspector or a member of any other recognised

profession supplementary to medicine as the Minister of Health

may declare in terms of section 73D of the Ordinance, registercd

under the Ordinance. and references to the practitioner. in relation

to any complaint or information or 10 any proceedings, are refer-

ences to the practitioner against whom a complaint or information

is sent to the Board;

" Regist rar" means the Registrar of the Board for the Profes-

sions Supplemenlary 10 Medicine appointed in accordance with the

provisions of subsection (4) of section 28G of the Department of

Health (Constitution) Ordinance.

No direction shall be given under sections 876 and 870 of the Direction,.

Ordinance except in consequence of an inquiry held in accordance with 8~r ~~~

the provisions of these rules, into thc chargc or charges fonnulated in a ofth~n

notice of inq uiry served in accordance with the provisions of these rules Ord;"""",,,

on the person against whom Ihe charge Of charges is or are made.

(I)

Wh cre-

(a) a complaint in writing that a practitione r has been con-

victed by any Court in these Islands of a ny crime pun is hable with.

imprisonment for any term excee ding onc year or of any of the

crimes mentioned in sect ions 212 to 219 or in sections 221 to 223 o f

the Criminal Code is sent to the Board by any body or person, or

information in writing that a practitioner has been so convicted is

se nt to the Board by a person acting in a pub lic capacity, or

(b) a complaint in writing on the conduct of a practitioner has

been se nt to Ihe Board by any body or person. or information in

writing as to the con duct of a practitioner has been sent to the Board

by a person acting in a public C'd pacity. or

(c) a complaint in writing that a practitioner is unfit to con-

tinue to practise his profession on grounds of mental or physical

infirmity is se nt to the Board by any body or person. or information

in writing as to the unfitness of a practit ioner tocon tinue to practise

his profession on the grounds aforesaid is sent to the Board by a

person acti ng in 3 pu blic capacity.

the Registrar shall su bmit the complaint or information to the Chair-

man.

(2) In so far as a complaint relates to conduct or unfitness on

grounds of infirmity it shall not proceed funher unless a nd until it has

been confi rmed by means of a declaration on oath; and every such

declaration -

(a)

shall state the address and description of the declarant.

:md

(b) if any fact declared is not within the personal kno wledge

o f thc dcclarant. sha ll state the source of the declarant's informa-

tion and the grounds for his belief in the truth of the fact.

(3) Subject to the provisions of the last foregoing pa ragraph.

the Chairman s hall direct the Registrar to notify the practitone r of the

receipt of the I;omplain t or infonnation stating thl; substance thereof and

sending to the pral;litioner a copy of any declaration on oath furnished

under the las t foregoing paragraph. an d to invite the practitioner to

submi t to the Board, with in such datc as the Chairman shall determine,

any explanation which the practitioner may have to offer; and every

such e xplanation must be in writing and must reach the Regist ra r wit hin

th c t imc fixe d by thc Chairman

Provided that in so far as a complaint or informat ion relates to

conduct. if it does not appear to the Chairman that a question arises

whether the said I;onduct constitutes infamous conduct in a professional

respect. hc shall direct the Registrar to refcr such complaint or informa-

tion to the Board either to decide that the complain t or information need

not procecd further or to d irect the Registrar to notify the practitione r in

accordance with the provisions of th is paragraph.

(4)

Subject to the foregoing provisions of this rule. the Chair-

man shall direct the Registrar to refer for inquiry a complaint or infor-

mation to the Board toge ther wi th any explanation then furnished by the

practitioner and any declarations on oath furnished under paragraph (2)

of this rule.

(5) In this rule, the expression "person acting in a public

capacity" means an officer of a Government Department or public

authority acting as such . or any person holding judicial office or any

office r attached to a court.

(I) As soon as may be after a complaint or information has NOl i"" of

been referred to the Board under the foregoing provisions and unless i"'luiry.

th e Board is fully satisfied with the wrinen explanation of the practi-

tioner. the Regist rar shall serve un the practitioner notice (in these rules

referred to as "a noticc of inquiry"') which shall -

(a) specify. in the form of a charge or charges, tile matters

into which the inquiry is 10 be held. and

(b)

state the day, time and place at which the inquiry is to be

held.

(2) The inquiry shall not be fixed for any date earlier than

eight da~ after the date of service of the notice of inquiry on the

practitioner.

(3) The Registrar shall cause such service 10 be effected

e it he r personally on the practitioner. or by the delivery of such notice at

his place of resi dence.

(4) A notice of inquiry shall be in tile form set out in Form A

contained in the Schedule to these rult:s . with such variations as circum-

stances may require.

(5) There shall be sent with any notice of inquiry a copy of

these rules.

(6) A copy of the notice pf inquiry shall be served on the

complainant or the informer.

The Chairman shall appoint the day and time for the holding of Uay .nd tim<

an inquiry unde r sections 87B and 87D of the Ordinance.

<:>fi nqUlI)".

( I) Wh ere before the hearing of an inquiry it appears to the De lect i,"

Chairman. or at any stage of the hearing it appears to the Board. that a IlOt;u.

notice of inquiry is defective. the Cllairman or the Board. as the case

may be. shall give directions for the amendment of tile notice as may be

necessary unless. Ilaving regard to the me rits of the case. th e required

amendments cannot be made without injustice.

(2) Wllere in th e opinion of the Chairman orofthe Board it is

e)(pcdient. in consequence of the e)(ercise by him or it of the powers

conferred by the la~t foregoing paragraph, that the inquiry should be

postponed or adjourned. the Chairman or the Boa rd. as the cao;.e may

be. shall give such directions in that behalf as appear necessary.

Proceedings before the Board shall be held in public; the Board Public

may. however , when it considers it necessary or e)(pedient, order that p"""",dinp.

the proceedings be held in private.

Abo,~or

(I) Any member of the Board and the Rcgisn ar shall abstain

from ta ki ng pan in any inquiry or may be challenged in any of the

circumstances in which a judge \Oo"ould abstain or may be challe nged in

accordance with the provisions of section 735 of the Code of Organisa-

tion and Civil Procedure .

(2) Any such challenge shall be made before Ihe reading out

by the Registrar of the charge or cha rges 10 the practitioner, unless Iht

cause of the challenge arose or came 10 the knowledge of the party later.

(3) The Board shall decide th e objection previo usly to the

reading of the said charge or charges. or laler in appropriate cases, and

its decision shall be final .

(I ) An y pII"Y 10 the prooocding5 before tbe DoaTd mlly bc

assisted by an Advocate or Legal Procura tor. 1be practitioner may also

be assiS(ed by a member of his profession whose name is also en tered in

the appropriate register.

(2) The C hainmm shall bring the provisions ofthese roles 10

the notice of any party to the proceeding; appearing before the Board

without any such lI5oSistance.

11 . The proceedings on the inquiry shall commence with the

re ~ding out by the Registrar of the charge or charges. Thereupon the

Chairman shall put to the pract it ioner the question whether he admi lSor

refutes the charge or t;:harges.

lI-prOCcdimenti la' I-inkjcsta ghandhom jibdcw bil-qari mi r-

RcgiSlralll r la' ]·akkuia jcw l-akkuti. Wara dan it-ChaimlUn ghandu

jaghmel I ill-etcrtit an l il-misloqsi ia jekk jammen ix Jew iithndx I'a k k uta

Jew I-akkllii.

( I) If th e practitioner admits the t;:harge or charges the

Board may. in its discre tion, dispense with the production of wit nesses

and proceed to give its decision on that day or on any other day

appointed for the purpose.

(2) Iflhe practitioner rerutes the charge or charges the Board

shall proceed with the inquiry.

(3 ) If the practitioner fails to attend without just ca use and

th e Board is satisfied th at a notice of inquiry was served as required by

these ru les. the Board may. if it thinks fit , proceed with the inquiry even

in his absence

Provided that if the practitioner is unable to attend for a JUSt

cause. he may, if he so prerers. request that the inquiry be prOl..'Ceded

with and appoint one o f the persons mentioned in paragraph (I) of rule

lO to represent him in the proceedings.

The proceedings on an inquiry shalt be as follows

(a) Witnesses hI support of the charge shall be produced and

examined by the party producing them or in hi s absence by the

Board and Cfoss-exa min ed by the practitioner ; thereafter any

membe r o f the Boa rd may put questions as he may deem necessa ry.

(b) Witnesses in defence shall be heard and in case the practi-

tioner wis hes to give his evidence, he may do so provided that his

evide nce shall be give n before that of any witness to be produoed by

him. Witnesses shall be examined by the practitiollCr or by the

person by whom he is assisted or represented and cross-examined

by any other pany to the proceedings: thereupon any member of

the Board may put questions as he may deem necessary.

(c) When the whole ofthe evidence has been concluded . the

practitioner may, personally or through the person by whom he is

assisted or represented address the Board and make his defencc.

(d) The Board shall then give its decision on that day or on

any other day appointed for the purpose.

(e) The Board shaH not be debarred at any stage of the

proceedings until the decision is given from re-examining any wit-

ness or requesting the production of any documents.

In all cases where the Board is satisfied that the charge or O a.S"..,t

charges have or have not been proved. the Board shall decide accor- proved.

dingly and it shall record a finding that the charge or charges have 01"

have not been proved and that the practitioner is or is not guilty in

respect of the matters to which the charge or charges relatc.

IS. (1) The dccisionsof thc Board shall be given in public and in D<:cisio ...

f"Jb~c and

wri ting; they shall be signed by the Chainnan.

inwriti ",.

(2) 'Ille original shall be kept by the Registrar, together with

the complete record of the inquiry.

Whe re under anyoft he foregoing provisions of these rules the V. lidityof

inquiry stands postponed to a future mee ting. the validity of the pro- proceeding>.

ceedings at that meeting shall not be called into question by reason only

that members of the Board who were present at the fonner meeting were

not present at the later meeting or that members of the Board who were

present at the later mccting were not present at the former meeting.

The Registrar shall serve without delay on the practitioner a Ct.py of

copy of the decision of the Board.

decision,

Notice to any person to appear before the Board to give Form ofsummons

evidence and/or produce documents shall be in the fonn set out in Fonn to~ive

B contained in the Schedule hereto.

""lde"",.

Every notice referrcd to in these rules shall be signed by the signa "lI'~

Chainnan and saving the provisions of paragraph (3) of ru le 5 of these a~servltt

rules. shall be served in accordancc with the provisions of subsection (2) 0 ... mmons.

of section 87H of the Ordinance

Provided that any notice 1ssued unocr rule 18 shall be served in

accordance with the provisions of subsection (2) of section 871 of the

Ordinance.

It shall be within the authority of the Board during the pro- P"",e.of

ceedi ngs -

""ro.

(a) to main tain good order, and

(b) to regulate the discussion.

21 . The members of the Board and the Registrar shall not divulge Confidentia l

anything discussed by the Board in the cou~ of an inquiry.

disrusliom.

Subject as otherwise expressly provided. the Board shall regu- Other

late its own procedure,

p""",edings.

B

SCHED ULE

Rulcs5(3}. 18

Form A

Board (or the Profrssjoll!l Suppimlentary 10 Medicine

Notice of Inquiry

To

(date)

I hereby gh'c you notice th at tile Boord for the Professions Supplemen tary 10

Medicine has ordered an Inquiry to consider and judge the cha rge/charges imputed to

you , namely

You a rc he reby informed thallhe fi rst sil1ing aflb.: sa id Inqu iry will be held on

..... .... .. .. ....... ... . Ihe ....... .... ........... .. .......... . 19 ........ al ..... ..... ......... .. .... .

a t ........ ........................... .. .

A copy of th e Board for the Professions Supplementary 10 Medicine (Erasu re of

Names Procedure) R ules. 1985 . is e nclosed fo r your guidance.

Yo u are warned that failure on your part to appear wil hout givi ng !I reasonable

e)(planation for your abse nce would not debar the Board fo r the Pro fessio ns Supple -

men tary to Me dicine from proceeding with th e inquiry in yo ur absence.

Cliairmall

Board fo r llie Professions

SI/pp/emell/ar)' 10 M edlcme

Form B

BOARD ~'O R TIlE PROF!';sslONS SUPPLEME,'nARY TO MEDlCL'1E

NotiCC' 10 a f>corsonlo ghe Evidence and/or to produce documents , etc.

To

(date)

You are he reb y requi red 10 a\le nd before the Board for th e Professions Su pple-

mentary to Medicine on .... .. ........ .. ...... .... . ......... .... the ................ ..... ........ .

19 .... .. at .. . .. ............ at ... ............. ... ...... ...... ......... . and so on any other

day to which the heari ng may be PUt off. to give evidence and/or 10 produce the

following docu men ts

in th e matter ofan Inq uiry he ld against ....................................... .

You arc warned th at failu re to attend as hereby rtquired will opose you to

sanctions prescribed by law.

Chaimr(m

Boardfor Ihe Professions

Supp/cml'lI/ar} 10 Ml'dit:ille

tppubbl;kao ""'.T"'I ....... tat.T.priI _ ..... "Ir.

f't,,,,.,~ b, do< I~J«- o..u;,;,.,

" ... 1>11"

r.UwJ '" IN Go.· .... """ .. prit;~ !'.e#

M"""", O-I"amptn,.,al-G.",m _

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