Cap 161E s 8 Clarification and support for complaint or information (MEDICAL PRACTITIONERS (REGISTRATION AND DISCIPLINARY PROCEDURE) REGULATION; MEDICAL REGISTRATION ORDINANCE)

Contents of Section

Chapter:	161E	Title:	MEDICAL PRACTITIONERS (REGISTRATION AND DISCIPLINARY PROCEDURE) REGULATION	Gazette Number:
Section:	8	Heading:	Clarification and support for complaint or information	Version Date:	30/06/1997

(1) Where, in a case submitted under section 6 to the chairman or, in his absence, the deputy chairman of the Committee pursuant to a complaint or information received by the Secretary, any allegation is made which in the opinion of the chairman or the deputy chairman gives rise to a question as to whether a defendant has been guilty of misconduct in any professional respect, the chairman or the deputy chairman may do any or all of the following-

(a) require the complainant to set out the specific allegations in writing and the grounds thereof;

(b) require the complainant to make clarifications about the complaint or information;

(c) require that any matter alleged in the complaint or information to be supported by one or more statutory declarations, unless the complaint or information is in writing under the hand of-

(i) a public officer;

(ii) the President of the Hong Kong Medical Association;

(iii) the Dean of the Faculty of Medicine of a university

specified in Schedule 1 of the Ordinance; or

(iv) either or both of the Presidents of the Academy of Medicine and any of its Colleges.

(2) Where, in a case submitted under section 6 to the chairman or, in his absence, the deputy chairman of the Committee pursuant to a complaint or information received by the Secretary, any allegation is made which in the opinion of the chairman or the deputy chairman gives rise to a question as to whether the fitness to practise of a defendant is impaired by reason of his physical or mental condition, the chairman or the deputy chairman may require that the complaint or information be supported by one or more statutory declarations as to the facts of the case, unless the complaint or information is in writing under the hand of a person specified in subsection (1)(c).
(3) If a requirement under subsection (1) or (2) is not complied with, the chairman or the deputy chairman of the Committee may decline to proceed with the investigation of the case.
(4) A statutory declaration referred to in subsection (1) or (2) must-

(a) state the address and description of the declarant; and

(b) state all the facts of the case to the declarant's knowledge or, if any fact declared is not within his personal knowledge, state the source of the declarant's information and the grounds for his belief in the truth of the facts.

(Enacted 1996)