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Chapter: | 162
 | Title: | MIDWIVES REGISTRATION ORDINANCE | Gazette Number: | 10 of 2005 |
| Section: | 10 | Heading: | Disciplinary powers of Council | Version Date: | 08/07/2005 |
(1) If, after an inquiry in accordance with regulations made under section 23 into any case referred to it by the Preliminary Investigation Committee established by such regulations, the Council is satisfied that any registered midwife-
- (a) has been convicted, in Hong Kong or elsewhere, of any offence punishable with imprisonment;
(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; (Amended 61 of 1997 s. 11)
(f) has failed to comply with any direction of the Council issued under section 24; or (Amended 61 of 1997 s. 11)
(g) has failed to comply with a condition imposed by the Council under section 22, (Added 61 of 1997 s. 11)
- (i) make an order that the name of such midwife be removed from the register;
(ii) make an order that the name of such midwife be removed from the register for such specified period as it may think fit;
(iii) make an order that such midwife be reprimanded; or
(iv) make any other order imposing a condition on the registered midwife with respect to the practice of midwifery. (Replaced 61 of 1997 s. 11)
(1A) In making an order referred to in subsection (1)(i) to (iii), the Council may direct the operation of the order to be suspended so that the order will not take effect unless, during a period specified in the direction not exceeding 2 years-
- (a) a finding is made against the registered midwife under subsection (1); or
(b) the registered midwife contravenes a condition that was imposed by the Council when the direction was given. (Added 61 of 1997 s. 11)
(3) For the purposes of section 8 and this section, "unprofessional conduct" (不專業行為) 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 Council to inquire into the question whether a registered midwife was properly convicted but the Council 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. (Amended 61 of 1997 s. 27)
(5) (Repealed 61 of 1997 s. 11)
(6) If the Council makes an order under subsection (1)(i) to (iii), the Council shall, within 30 days after the relevant date, publish the order or, if the order is varied on appeal, the order as so varied in the Gazette. (Replaced 61 of 1997 s. 11. Amended 10 of 2005 s. 67)
(7) If the Council makes an order under subsection (1)(iv), the Council may, within 30 days after the relevant date, publish the order or, if the order is varied on appeal, the order as so varied in the Gazette. (Added 61 of 1997 s. 11. Amended 10 of 2005 s. 67)
(8) For the purpose of subsections (6) and (7), the relevant date is-
- (a) if no appeal is made under section 15 against the order within the period allowed by that section, the last day of that period; or
(b) if such an appeal has been made, the date on which the appeal is finally determined. (Replaced 10 of 2005 s. 67)
(c) (Repealed 10 of 2005 s. 67)
(Added 61 of 1997 s. 11)
(9) When publishing an order in the Gazette under this section, the Council-
- (a) shall also publish with the order-
- (i) sufficient particulars to inform the public of the nature of the matter to which the order relates; and
(ii) if a direction has been given under subsection (1A) suspending the operation of the order, details of the direction; and