MEDICAL COUNCIL (ERASURE OF NAMES PROCEDURE) RULES *

SUBSIDIARY LEGISLATION 458.08

MEDICAL COUNCIL (ERASURE OF NAMES

PROCEDURE) RULES *

24th December, 1959

LEGAL NOTICE 92 of 1959, as amended by: Legal Notice 2 of 1969 and

Act XLIX of 1981.

The title of these Rules is the Medical Council (Erasure of

Names Procedure) Rules.

Rules 5(3), 18

FORM A

Rule 5(3)

MEDICAL COUNCIL

Notice of Inquiry

To .....................................

(date)

I hereby give you notice that the Medical Council has ordered an

inquiry to consider and judge the charge imputed to you, namely

You are hereby informed that the first sitting of the said inquiry

will be held on ............... the .................19 ............. at ... at

A copy of the Medical Council (Erasure of Names Procedure)

Rules is enclosed for your guidance.

You are warned that failure on your part to appear without giving

a reasonable explanation for your absence would not debar the

Medical Council from proceeding with the inquiry even in your

absence.

President,

Medical Council

FORM B

Rule 18

MEDICAL COUNCIL

Notice to a person to give evidence and/or to produce

Documents, etc.

To ....................................

(date)

You are hereby required to attend before the Medical Council on

............... the ................19 ...... at ............. at ........................ and

so on any other day to which the hearing may be put off, to give

evidence and/or to produce the following documents

........................... in the matter of an inquiry held against

You are warned that failure to attend as hereby required will

expose you to sanctions prescribed by law.

President,

Medical Council

In these Rules -

"the Act" means the Health Care Professions Act;

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

"notice of inquiry" has the meaning assigned to it by rule 5(1);

"practitioner" means a medical practitioner, dental surgeon,

dentist or veterinary surgeon registered under the Act, and

references to the practitioner, in relation to any complaint or

information or to any proceedings, are references to the practitioner

against whom a complaint or information is sent to the Medical

Council;

"Council " mean s the Medi cal Cou ncil estab lished b y th e

Department of Health (Constitution) Ordinance;

"President" means the President of the Medical Council and

includes, in the case of absence of the President from a meeting at

the Council, the chairman of that meeting;

"registrar" means the registrar of the Medical Council appointed

in accordance with the provisions of article 21 of the Department of

Health (Constitution) Ordinance;

"appropriate register" means the appropriate register, for the

purposes of the Act.

No direction shall be given under the Act except in

consequence of an inquiry held in accordance with the provisions

of these Rules into the charge formulated in a notice of inquiry

served in accordance with the provisions of these rules on the

person against whom the charge is made.

(1)

Where -

(a) a complaint in writing that a practitioner has been

convicted by any court in these Islands of any crime

punishable by imprisonment for any term exceeding

one year or of any of the crimes mentioned in articles

198 to 209 of the Criminal Code is sent to the Council

by any body or person, or information in writing that a

practitioner has been so convicted is sent to the

Council by a person acting in a public capacity; or

*These Rules have been repealed by Legal Notice 249 of 2025.

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

has been sent to the Council by any body or person, or

information in writing as to the conduct of a

practitioner has been sent to the Council by a person

acting in a public capacity; or

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

continue to practise his profession on grounds of

mental or physical infirmity is sent to the Council by

any body or person, or information in writing as to the

unfitness of a practitioner to continue to practise his

profession on the grounds aforesaid is sent to the

Council by a person acting in a public capacity,

the registrar shall submit the complaint or information to the

President.

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

grounds of infirmity it shall not proceed further unless and until it

has been confirmed by means of a declaration on oath; and every

such declaration -

(a) shall state the address and description of the declarant,

and

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

knowledge of the declarant, it shall state the source of

the declarant’s information and the grounds for his

belief in the truth of the fact.

(3) Subject to the provisions of sub-rule (2), the President shall

direct the registrar to notify the practitioner of the receipt of the

complaint or information, stating the substance thereof and sending

to the practitioner a copy of any declaration on oath furnished

under sub-rule (2) and to invite the practitioner to submit to the

Council, within such date as the President shall determine, any

explanation which the practitioner may have to offer; and every

such explanation must be in writing and must reach the registrar

within the time fixed by the President

Provided, however, that in so far as a complaint or

information relates to conduct, if it does not appear to the President

that a question arises whether the said conduct constitutes infamous

conduct in a professional respect, he shall direct the registrar to

refer such complaint or information to the Council either to decide

that the complaint or information need not proceed further or to

direct the registrar to notify the practitioner in accordance with the

provisions of this sub-rule.

(4) Subject to the foregoing provisions of this rule, the

President shall direct the registrar to refer for inquiry a complaint

or information to the Council together with any explanation then

furnished by the practitioner and any declarations on oath furnished

under sub-rule (2).

(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 officer attached to a court.

(1) As soon as may be after a complaint or information has

been referred to the Council under the foregoing provisions and

unless the Council is fully satisfied with the written explanation of

the practitioner, the registrar shall serve on the practitioner a notice

of inquiry which shall -

(a) specify, in the form of a charge, the matters into which

the inquiry is to 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

days after the date of the notice of inquiry.

(3) A notice of inquiry shall be in the form set out in Form A

contained in the Schedule, with such variations as circumstances

may require.

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

these Rules.

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

complainant or the informer.

The President shall appoint the day and time for the

holding of an inquiry under the Act.

(1) Where, before the hearing of an inquiry, it appears to

the President, or at any stage of the hearing it appears to the

Council, that a notice of inquiry is defective, the President or the

Council, as the case may be, shall give directions for the

amendment of the notice as he or it may think necessary unless,

having regard to the merits of the case, the required amendments

cannot be made without injustice.

(2) Where in the opinion of the President or of the Council it is

expedient, in consequence of the exercise by him or it of the

powers conferred by sub-rule (1), that the inquiry should be

postponed or adjourned, the President or the Council, as the case

may b e, shall give such directi ons in that b eh alf as appear

necessary.

Proceedings before the Council shall be held in public; the

Council may, however, when it considers it expedient, order that

the proceedings be held in private.

(1) Any member of the Council and the registrar shall

abstain from taking part in any inquiry or may be challenged in any

of the circumstances in which a judge would abstain or can be

challenged in accordance with the provisions of article 734 of the

Code of Organization and Civil Procedure.

(2) Any such challenge shall not be admissible unless made

before the reading out by the registrar of the charge to the

practitioner.

(3) The Council shall decide the objection previously to the

reading out of the said charge and its decision shall be final.

(1) Any party to the proceedings before the Council may

be assisted by an advocate or legal procurator. The practitioner may

also be assisted by a member of his profession, whose name

appears in the appropriate register.

(2) The President shall bring the provisions of this rule to the

notice of any party to the proceedings appearing before the Council

without any such assistance.

The proceedings on the inquiry shall commence with the

reading out by the registrar of the charge. Thereupon the President

shall put to the practitioner the question whether he admits or

refutes the charge.

(1) If the practitioner admits the charge the Council may,

in its discretion, dispense with the production of witnesses and

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

appointed for the purpose.

(2) If the practitioner refutes the charge the Council shall

proceed with the inquiry.

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

Council is satisfied that a notice of inquiry was sent as required by

these rules, the Council may, if it thinks fit, proceed with the

inquiry even in his absence.

The proceedings on an inquiry shall be as follows

(a) Witnesses in support of the charge shall be produced

and examined by the party producing them or in his

absence by the Council and cross-examined by the

practitioner; thereafter any member of the Council

shall be at liberty to put questions as he may deem

necessary.

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

practitioner wishes to give his evidence, he may do so

provided his evidence be given before that of any

witness to be produced by him. Witnesses shall be

examined by the practitioner and cross-examined by

any other party to the proceedings; thereafter any

member of the Council shall be at liberty to put

questions as he may deem necessary.

(c) When the whole of the evidence has been concluded,

the practitioner shall, personally or through the person

by whom he is assisted, address the Council and make

his defence.

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

on any other day appointed for the purpose.

(e) The Council shall not be debarred at any stage of the

proceedings until the decision is given from rehearing

any witness or requesting the production of any

documents.

In all cases where the Council is satisfied that the charge

has not been proved, the Council shall decide accordingly and it

shall record a finding that the charge has not been proved and that

the practitioner is not guilty in respect of the matters to which the

charge relates.

(1) The decisions of the Council shall be given in public

and in writing; they shall be signed by the President.

(2) The original shall be kept with the registrar, together with

the complete record of the inquiry.

Where under any of the foregoing provisions of these

Rules the inquiry stands postponed to a future meeting, the validity

of the proceedings at that meeting shall not be called into question

by reason only that members of the Council who were present at the

former meeting were not present at the later meeting or that

members of the Council who were present at the later meeting were

not present at the former meeting.

The registrar shall serve without delay on the practitioner a

copy of the decision of the Council.

Notice to any person to appear before the Council to give

eviderce and/or to produce documents shall be in the form set out in

Form B contained in the Schedule.

Every notice referred to in these rules shall he signed by

the President and served in accordance with the provisions of

article 36 of the Act

Provided that any notice issued under rule 18 shall be

served in accordance with the provisions of article 37 of the Act.

It shall be within the authority of the Council during the

proceedings -

(a) to maintain good order, and

(b) to regulate the discussion.

The members of the Council and the registrar shall not

divulge anything discussed by the Council in the course of an

inquiry.

Subject as otherwise expressly provided, the Council shall

regulate its own procedure.