Cap 161E s 6 Receipt and submission of complaint or information or referral to chairman of Committee (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:	6	Heading:	Receipt and submission of complaint or information or referral to chairman of Committee	Version Date:	30/06/1997

(1) Where-

(a) a complaint is made to or information is received by the Secretary that a registered medical practitioner-

(i) has been convicted in Hong Kong or elsewhere of any offence punishable with imprisonment;

(ii) has been guilty of misconduct in any professional respect;

(iii) has obtained registration by fraud or misrepresentation;

(iv) was not at the time of his registration entitled to be registered;

(v) has breached a condition previously imposed under an order of the Council made under section 21(1) or 21A of the Ordinance;

(vi) has procured his name to be included in the Specialist Register by fraud or misrepresentation;

(vii) is physically or mentally unfit to practise medicine, surgery or midwifery; or

(b) a complaint is made to or information is received by the Secretary that an applicant for registration-

(i) has been convicted in Hong Kong or elsewhere of any offence punishable with imprisonment;

(ii) has been guilty of misconduct in a professional respect; or

(iii) is not a person of good character; or

(c) a committee of the Council refers a matter concerning a registered medical practitioner to the Committee for its consideration or investigation,

the Secretary shall submit the complaint, information or matter to the chairman of the Committee or, in his absence, the deputy chairman of the Committee for his consideration of the case.
(2) If the person to whom a case is submitted under subsection (1) considers that the case-

(a) is frivolous or groundless and should not proceed further; or

(b) raises a question as to whether the fitness to practise of a registered medical practitioner is impaired by reason of his physical or mental condition and the question should be considered by the Health Committee direct,

he shall-

(i) consult the deputy chairman, if the person is the chairman; or

(ii) consult the chairman, if the person is the deputy chairman,

with a view to decide whether the proposed course of action should be taken.
(3) If both the chairman and the deputy chairman consider that the case is frivolous, or groundless, and should not proceed further, they may dismiss the case.
(4) Upon a consultation under subsection (2) and if both the chairman and the deputy chairman consider that the case raises the question referred to in subsection (2)(b), they may refer the case to the Health Committee and recommend the Health Committee to conduct a hearing.
(5) If, after a hearing, the Health Committee certifies and reports back that the registered medical practitioner is physically and mentally fit to practise medicine, surgery or midwifery, the chairman or, in his absence, the deputy chairman may direct that the case be investigated further or be dismissed, as he thinks fit.

(Enacted 1996)