Dentists (Registration and Disciplinary Procedure) Regulations
[1 October 1959] G.N.A. 60 of 1959
(Format changes—E.R. 4 of 2024)
These regulations may be cited as the Dentists (Registration and Disciplinary Procedure) Regulations.
In these regulations, unless the context otherwise requires—
Committee (初調委) means a Preliminary Investigation Committee established under section 5AC(2)(e) of the Ordinance; (22 of 2024 s. 84) defendant (被告人) means any registrant or applicant for registration against or in respect of whom a complaint or information has been received by the Secretary in accordance with regulation 13; (L.N. 118 of 1968; 22 of 2024 s. 84) notice of inquiry (研訊通知書) means a notice served in accordance with regulation 17.(L.N. 177 of 1977; 11 of 2006 s. 25)
(Repealed 22 of 2024 s. 85)
(Repealed 22 of 2024 s. 86)
(Repealed 22 of 2024 s. 87)
(Repealed 34 of 1995 s. 8)
(Repealed 22 of 2024 s. 88)
(Repealed 22 of 2024 s. 89)
A certificate of standing must be in the specified form.
On application and on payment of the prescribed fee— (22 of 2024 s. 91)
the Registrar shall issue—
a certified copy of any entry in the General Register or Specialist Register;
a duplicate certificate of registration or a duplicate certificate for the inclusion of name in the Specialist Register;
a certified copy of a certificate of registration or a certificate for the inclusion of name in the Specialist Register; and
the Secretary may issue—
a certificate of standing;
a certificate verifying registration or the inclusion of name in the Specialist Register.
(Repealed 22 of 2024 s. 92)
A registered dentist or a person with provisional registration may apply to the Registrar to have inserted in the General Register or Specialist Register any degree or qualification recognized by the Council, in addition to any degree or qualification already entered on the Register. (22 of 2024 s. 93)
On receipt of such application, the Registrar shall refer the application to the Council which, after such inquiry as it may consider desirable, shall direct the Registrar either to enter or to refuse to enter such degree or qualification on the Register.
(Repealed 22 of 2024 s. 94)
(Repealed 22 of 2024 s. 95)
A member of a Committee must not attend any meeting of the Council as a member of the Council during the hearing or determination of any complaint or information against any person which is referred to the Council by the Committee for determination if such member has attended any meeting of the Committee at which such complaint or information was considered.
A Committee must meet from time to time as directed by the chairperson of the Committee who may at any time adjourn any meeting of the Committee.
(L.N. 118 of 1968; L.N. 177 of 1977; L.N. 6 of 1985; 62 of 1987 s. 10; 4 of 1988 s. 7; 22 of 2024 s. 95)
(Note : Amendment made by the Dentists Registration (Amendment) Ordinance 2024 (22 of 2024) to this regulation is partially commenced—see L.N. 146 of 2024.)
Where a complaint is made to or information is received by the Secretary, or a complaint or information is referred to the Secretary, that a registrant— (11 of 2006 s. 31; 22 of 2024 s. 96)
has been convicted in Hong Kong or elsewhere of any offence punishable with imprisonment; (L.N. 6 of 1985)
has been guilty in Hong Kong or elsewhere of unprofessional conduct; (22 of 2024 s. 96)
has obtained registration by fraud or misrepresentation;
has procured his name to be included in the Specialist Register by fraud or misrepresentation; (11 of 2006 s. 31)
was not at the time of registration eligible to be registered; (22 of 2024 s. 96)
has contravened section 17 of the Ordinance; (22 of 2024 s. 96)
(Addition not yet in operation—see 22 of 2024 s. 96)
has contravened any condition imposed under section 9D, 9H, 9K or 15E, or specified under section 11A or 15H, of the Ordinance; or (22 of 2024 s. 96)
has contravened any provision in a code of practice issued under section 27B of the Ordinance, (22 of 2024 s. 96)
or that an applicant for registration—
has been convicted in Hong Kong or elsewhere of any offence punishable with imprisonment; (L.N. 6 of 1985)
has been found guilty in Hong Kong or elsewhere of unprofessional conduct; or (22 of 2024 s. 96)
is not of good character, (22 of 2024 s. 96)
the Secretary shall submit the complaint or information to a Committee. (22 of 2024 s. 96)
As soon as practicable after a complaint or information has been submitted to a Committee under regulation 13, the chairperson of the Committee shall ascertain whether it also involves a suitability issue.
If the chairperson of a Committee is of the opinion that the complaint or information also involves a suitability issue, the complaint or information shall, as soon as practicable after having been dealt with under these regulations, be referred to the Education and Accreditation Committee to be dealt with in accordance with section 12F of the Ordinance.
Where, in a complaint or information submitted by the Secretary to the chairperson of a Committee under regulation 13, any allegation is made which in the opinion of the chairperson gives rise to a question whether a registrant or an applicant for registration has been found guilty of unprofessional conduct in Hong Kong or elsewhere, the chairperson may require that the complaint or information be formulated in writing setting out the grounds thereof and, except where the complaint or information is in writing under the hand of a public officer, supported by one or more statutory declarations as to the facts of the case.
Each statutory declaration referred to in paragraph (1)—
shall state the address and description of the declarant; and
if any fact declared is not within the personal knowledge of the declarant, shall state the source of the declarant’s information and the grounds for the declarant’s belief in the truth of the facts.
(Repealed 34 of 1995 s. 10)
Where a complaint or information is submitted to the chairperson of a Committee by the Secretary, the chairperson shall, unless it appears to him that the complaint or information is frivolous or groundless and should not proceed further, direct that the complaint or information be referred to the Committee for its consideration and shall fix a date upon which it is proposed that the Committee shall meet to consider the complaint or information. (22 of 2024 s. 99)
Where the chairperson of the Committee directs that a complaint or information be referred to the Committee, he shall direct the Secretary to, and the Secretary when so directed shall— (22 of 2024 s. 99)
notify the defendant of the receipt of the complaint or information;
inform him of the substance thereof;
forward to him a copy of any statutory declaration furnished under regulation 14(1);
inform him of the date upon which the Committee is due to meet for the purpose of considering the complaint or information; and
invite him to submit to the Committee any explanation of his conduct or of any other matter alleged in the complaint or information which he may have to offer.
At the meeting at which the complaint or information is considered by a Committee, the Secretary shall put before the Committee the complaint or information, any statutory declaration received therewith, any explanation submitted by the defendant and any other document or matter in the nature of evidence relevant to or in support of the complaint or information and which is available. (22 of 2024 s. 100)
The Committee, having regard to any explanation or declaration made by the defendant, shall consider the complaint or information, any statutory declaration received therewith and any document or matter put before it by the Secretary under paragraph (1) and, subject to the provisions of this regulation, shall determine either—
that no inquiry shall be held; or
that the complaint or information shall in whole or in part be referred to the Council for inquiry.
Before coming to a determination under paragraph (2), the Committee may cause to be made such further investigations and may obtain such additional advice or assistance as it considers necessary.
If a Committee determines that no inquiry shall be held, the chairperson of the Committee shall direct the Secretary to, and the Secretary when so directed shall, inform any complainant and the defendant of the decision of the Committee and no inquiry shall be held.
If a Committee determines that an inquiry shall be held it shall refer the case to the Council and the chairperson of the Committee shall notify the Chairperson of the matters into which inquiry is to be made. (22 of 2024 s. 102)
Where a case has been referred to the Council under paragraph (1), the Chairperson shall fix a date upon which it is proposed that the inquiry shall be held and shall direct the Secretary to, and the Secretary when so directed shall, within 1 month of the determination of the Committee, serve on the defendant a notice of inquiry together with a copy of these regulations. (22 of 2024 s. 102)
A notice of inquiry shall—
specify in the form of a charge or charges the matters into which inquiry is to be made; and
state the date, time and place at which the inquiry is proposed to be held.
Except with the consent in writing of the defendant, an inquiry shall not be held less than 28 days after the date of service of the notice of inquiry.
Service of a notice of inquiry on the defendant may be by registered post addressed to the defendant at the defendant’s registered address or at the defendant’s address last known to the Secretary if different. (11 of 2006 s. 33; 22 of 2024 s. 102)
Within the time stipulated for service of the notice of inquiry, the Secretary shall send a copy of the notice of inquiry to any complainant.
The Chairperson may adjourn any inquiry to such date as he thinks fit. (22 of 2024 s. 103)
Notice of any such adjournment shall be given to the defendant and to any complainant.
Where, after a complaint or information has been referred by a Committee to the Council for inquiry, further information is subsequently produced in writing which suggests that an inquiry should not be held, the Council may refer back the case to the Committee for further consideration.
As soon as may be after the giving of any such direction, the chairperson of the Committee shall direct the Secretary to, and the Secretary when so directed shall, give notice thereof to any complainant and to the defendant.
The defendant and any complainant shall furnish to the Secretary, not less than 10 days before the date of an inquiry or such lesser period as the Council may determine, 2 copies of all documents upon which he intends to rely at the hearing of the said inquiry.
The Secretary on the request of the defendant or a complainant and on the payment of his reasonable charge therefor shall send to the defendant or to the complainant, as the case may be, copies of any document sent to the Secretary by the other party for the purposes of an inquiry.
Any party may at any time give to any other party notice to produce any document alleged to be in the possession of that party and, on failure to produce such document, may prove the contents thereof by any alternative method.
Where before the hearing or at any stage of the hearing it appears to the Council that a notice of inquiry is defective, the Chairperson may give such directions for the amendment of the notice as may be thought necessary to meet the circumstances of the case unless, having regard to the merits of the case, he is of the opinion that the required amendments cannot be made without injustice to the defendant. (22 of 2024 s. 105)
The Secretary as soon as is practicable, after the amendment of a notice of inquiry, shall give notice in writing thereof to the defendant and to any complainant. (L.N. 118 of 1968)
A shorthand writer may be appointed by the Council to prepare a verbatim record of the proceedings.
If a verbatim record of any proceedings or any part of any proceedings has been prepared, the Chairperson, on application to him by a party and after the prescribed fee has been paid, must furnish such party with a copy of such record. (L.N. 118 of 1968; L.N. 124 of 1992; L.N. 81 of 2006; 22 of 2024 s. 106)
At the opening of an inquiry the Secretary shall read the notice of inquiry.
If the defendant is not present or represented by his solicitor or counsel at the opening of the inquiry, the Secretary shall furnish to the Council such evidence as the Council may require that the notice of inquiry was served on the defendant in accordance with the provisions of regulation 17 and, on being satisfied as to such evidence, the Council may proceed with the inquiry in the absence of the defendant.
If the defendant is present at the inquiry the Chairperson, immediately after the charge has been read, shall inform him of his right to cross-examine witnesses, to give evidence and to call witnesses on his behalf. (22 of 2024 s. 107)
After the reading of the notice of inquiry the defendant, or his solicitor or counsel, may object to any charge on a point of law and, upon such objection, any other party to the inquiry may reply thereto and, if any such party replies to such objection, the defendant, or his solicitor or counsel, shall be permitted to answer such reply.
If such objection is upheld by the Council the charge to which such objection relates shall be considered only subject to such objection.
Subject to the provisions of regulations 25 and 26, the following order of procedure shall be observed—
the complainant, or his solicitor or counsel, or in their absence, or if there is no complainant, the Secretary, shall present the case against the defendant and adduce the evidence in support thereof and shall close the case against the defendant: Provided that, on the application of the Chairperson, the Secretary for Justice may appoint a legal officer within the meaning of the Legal Officers Ordinance (Cap. 87) to carry out the duties of the Secretary in respect of that inquiry in the absence of a complainant and his solicitor or counsel; (4 of 1988 s. 7; L.N. 362 of 1997; 22 of 2024 s. 108)
at the conclusion of the presentation of the case against the defendant, he or his solicitor or counsel may make either or both of the following submissions in relation to any charge in respect of which evidence has been adduced—
that sufficient evidence has not been adduced upon which the Council can find that the facts alleged in that charge have been proved;
that the facts alleged in the charge are not such as to constitute the offence charged,
and where such submission is made, a reply thereto may be made by the complainant, or by his solicitor or counsel, or in their absence by the Secretary, and the defendant may answer such reply;
if a submission is made under subparagraph (b), the Council shall consider and determine whether the submission shall be upheld and— (E.R. 4 of 2024)
the Chairperson shall announce the determination of the Council; and
if the Council upholds the submission in respect of any charge, the finding shall be recorded that the defendant is not guilty on that charge; and
if the Council rejects the submission, the Chairperson shall call upon the defendant to state his case; (22 of 2024 s. 108)
the defendant, or his solicitor or counsel, may then adduce evidence in support of his case and may address the Council: Provided that only one address may be made under this subparagraph, and where evidence has been adduced by or on behalf of the defendant such address may be made either before or after such evidence has been adduced; (E.R. 4 of 2024)
at the conclusion of the case of the defendant, the complainant, or his solicitor or counsel, or in their absence the Secretary, may address the Council in reply, only if evidence has been adduced by or on behalf of the defendant other than by his own evidence, or with the special leave of the Council.
At the conclusion of the proceedings under regulation 27, the Council shall consider and determine whether to postpone judgment.
If the Council decides to postpone judgment, the judgment of the Council shall stand postponed until such future meeting of the Council as the Council may decide, and the Chairperson shall announce the decision of the Council in such terms as the Council may approve. (22 of 2024 s. 109)
If the Council decides not to postpone judgment, the Council shall consider and determine whether the facts alleged in any charge before the Council have been proved to its satisfaction and whether the defendant is guilty of the offence charged.
When the Council has come to its decision under paragraph (3), the Chairperson shall announce the decision of the Council in such terms as the Council may approve. (22 of 2024 s. 109)
Where under the provisions of regulation 28(2), the judgment of the Council in respect of a charge stands postponed to a future meeting of the Council, the Secretary, not less than 1 week before the date fixed for such future meeting, shall serve on the defendant a notice specifying the date, time and place fixed for the meeting of the Council and inviting him to appear at such meeting; such notice shall be served in the manner provided by regulation 17 for the service of a notice of inquiry.
If there is a complainant in respect of the charge, a copy of the notice shall be sent to such complainant.
At such future meeting the Chairperson may invite the Secretary to recall, for the information of the Council, the position in which the case stands and the Council may hear any other party to the proceedings. (22 of 2024 s. 110)
The Council shall then consider and determine its judgment in accordance with the provisions of regulation 28 and shall announce its decision in the manner set forth in that regulation.
After the announcement of the decision of the Council in respect of the charge, if such decision be a finding of guilty of the offence charged, the Council shall consider and determine whether or not to postpone sentence on the defendant.
If the Council decides to postpone sentence, the sentence of the Council shall stand postponed until such future meeting of the Council as the Council may decide, and the Chairperson must announce the decision of the Council in such terms as the Council may approve. (22 of 2024 s. 111)
At any meeting of the Council at which sentence on a defendant is to be decided by the Council, before the Council shall decide such sentence an opportunity shall be given to the defendant, or his solicitor or counsel, to address the Council by way of mitigation and to adduce evidence as to the circumstances leading to the offence and as to the character and antecedents of the defendant.
At any such meeting—
the Secretary or other person presenting the case to the Council may produce to the Council the records of any meeting of the Council at which an order was made against the defendant pursuant to section 18 of the Ordinance; and
the defendant, in person or by his solicitor or counsel, may address the Council by way of mitigation and may adduce evidence as to the circumstances leading to any such previous order. (L.N. 177 of 1977)
The Council shall then consider and determine the sentence on the defendant and the Chairperson must announce the decision of the Council in such terms as the Council may approve. (22 of 2024 s. 112)
Where, in accordance with the provisions of regulation 30, the decision of the Council in regard to the sentence in respect of any charge stands postponed to a future meeting of the Council, the Secretary, not less than 1 week before the date fixed for such future meeting, shall serve on the defendant a notice specifying the date, time and place fixed for the meeting of the Council and inviting him to appear at such meeting; such notice shall be served in the manner provided by regulation 17 for the service of a notice of inquiry.
If there is a complainant in respect of the charge, a copy of the notice shall be sent to such complainant.
Evidence may be taken by the Council by oral statement on oath or by written deposition or statement.
(Repealed 22 of 2024 s. 113)
Every witness shall be examined by the party producing him and may then be cross-examined by the other party and only upon matters arising out of such cross-examination may be re-examined by the party producing him.
The Council may decline to admit the evidence of any deponent to a document who is not present for, or who declines to submit to, cross-examination.
The Chairperson, and members of the Council through the Chairperson, may put such questions to the parties or to any witness as they may think desirable. (22 of 2024 s. 113)
In the taking of the votes of the Council on any question to be determined by them, the Chairperson shall call upon the members to signify their votes by raising their right hands, and shall thereupon declare the determination of the Council in respect of such question.
Where the determination of the Council so declared by the Chairperson is challenged by any member of the Council, the Chairperson shall call upon each member severally to declare his vote, announce his own vote and announce the number of members of the Council who have voted each way, and the result of the vote.
Where on any question to be determined by the Council the votes are equal, the question shall be deemed to have been decided in favour of the defendant.
No person other than members of the Council and a Legal Adviser may be present when the Council votes on any matter. (L.N. 118 of 1968)
(Note : Amendment made by the Dentists Registration (Amendment) Ordinance 2024 (22 of 2024) to this regulation is partially commenced—see L.N. 146 of 2024 and L.N. 183 of 2024.)
A Legal Adviser shall be present at every inquiry held by the Council for the purposes of section 7E, 9A, 15E or 18 of the Ordinance and no such inquiry shall commence if no Legal Adviser is present.
(Note : Amendment made by the Dentists Registration (Amendment) Ordinance 2024 (22 of 2024) to this regulation is partially commenced—see L.N. 146 of 2024 and L.N. 183 of 2024.)
The Chairperson may give to a Legal Adviser prior notice that his advice may be required at any meeting of the Council, other than an inquiry mentioned in section 7E, 9A, 15E or 18 of the Ordinance, or at any meeting of the Committee and, if such notice is given, the Legal Adviser shall be present at such meeting.
(Note : Amendment made by the Dentists Registration (Amendment) Ordinance 2024 (22 of 2024) to this regulation is partially commenced—see L.N. 146 of 2024 and L.N. 183 of 2024.)
When a Legal Adviser advises the Council on any question of law as to evidence, procedure or any other matter in any inquiry mentioned in section 7E, 9A, 15E or 18 of the Ordinance he shall do so in the presence of every party to the proceedings or the person representing each party or, if the advice is tendered after the Council has commenced to deliberate as to its findings, every such party or person as aforesaid shall be informed of the advice that the Legal Adviser has tendered. (22 of 2024 s. 117)
In any case where the Council does not accept the advice of the Legal Adviser on any such question as aforesaid, every such party or person shall be informed of this fact.
(Repealed 22 of 2024 s. 118)
(Repealed 22 of 2024 s. 119)