Medical Registration (Miscellaneous Provisions) Regulation
(Enacting provision omitted—E.R. 6 of 2019)
[24 January 1997] L.N. 45 of 1997
(Format changes—E.R. 6 of 2019)
(Omitted as spent—E.R. 6 of 2019)
Subject to section 9(4) of the Ordinance and to subsection (2), the period of employment in a resident medical capacity in an approved hospital or institution for which a person has to be engaged in accordance with section 9(1), (2) and (3) of the Ordinance is 1 year, for 6 months of which the person is to be engaged in a resident surgical post and for 6 months of which in a resident medical post.
Any period of time for which a person has been engaged in a midwifery post may be counted for the purpose of the 1 year period either as time engaged in a medical post or as time engaged in a surgical post as the person may elect, for a period not exceeding 6 months.
For the purposes of section 10A(1) of the Ordinance, the prescribed period is 12 months.
On application and on payment of the appropriate prescribed fee which is required to be paid for the issue of the certificate or certified copy, the Secretary or a deputy secretary of the Council shall issue—
a certified copy of any entry in the General Register or the Specialist Register;
a certificate of good standing, on behalf of the Council;
a certificate verifying registration in the General Register or inclusion of name in the Specialist Register;
a certified copy of the record of training received during the period of assessment under section 10A of the Ordinance.
An application for the issue of a practising certificate or a certificate under section 19A of the Ordinance must be—
in writing;
accompanied by the appropriate prescribed fee; and
supported by a declaration by the applicant as to whether or not he has been convicted of an offence punishable with imprisonment, in Hong Kong or elsewhere.
Upon an application under subsection (1), and where the declaration shows that the applicant has not been convicted of an offence punishable with imprisonment, the Registrar shall issue the certificate applied for.
If a declaration submitted under subsection (1) shows that the applicant has been convicted of an offence punishable with imprisonment, the Registrar shall refer the matter to the Secretary and the Secretary shall treat the reference as a complaint or information for the purposes of section 6 of the Medical Practitioners (Registration and Disciplinary Procedure) Regulation (Cap. 161 sub. leg. E). (E.R. 6 of 2019)
If, pursuant to a referral under subsection (3), the Council directs that the applicant may be issued with a practising certificate or a certificate under section 19A of the Ordinance, the Registrar shall issue the certificate as directed.
A legal adviser must be present at—
every meeting of the Council held for considering whether to make an order under section 19B(2) or 21A(1) of the Ordinance;
every inquiry held by an inquiry panel under section 21 of the Ordinance; and
every meeting of an inquiry panel held for reviewing its decision or order under section 21(4B) of the Ordinance. (15 of 2018 s. 43)
A meeting or an inquiry mentioned in subsection (1) must not be commenced if a legal adviser is not present. (15 of 2018 s. 43)
A legal adviser must be present at—
any appeal hearing from the decision of a committee; or
a meeting of the Council held pursuant to an election petition under—
the Medical Practitioners Election Regulation; or
the Patient Organizations Election Regulation. (15 of 2018 s. 43)
The Chairman may give to a legal adviser prior notice that his advice may be required at any meeting of the Council, other than a meeting of the Council mentioned in section 6(1)(a) and (2), and, if such notice is given, the legal adviser must be present at such meeting.
This section applies if a legal adviser gives advice on a question of law as to evidence, procedure or any other matter—
at a meeting or an inquiry mentioned in section 6(1);
at an appeal hearing from a decision of a committee; or
at a meeting of the Council held pursuant to an election petition under—
the Medical Practitioners Election Regulation; or
the Patient Organizations Election Regulation. (15 of 2018 s. 45)
The legal adviser must give the advice in the presence of every party to the proceedings. (15 of 2018 s. 45)
If the advice is given after the inquiry panel or Council has commenced to deliberate as to its findings, every party to the proceedings must be informed of it. (15 of 2018 s. 45)
If a party to the proceedings is represented by a solicitor or counsel—
subsection (1A) is regarded as having been complied with in relation to the party if the advice is given in the presence of the solicitor or counsel; and
subsection (1B) is regarded as having been complied with in relation to the party if the solicitor or counsel is informed of the advice. (15 of 2018 s. 45)
In any case where an inquiry panel or the Council does not accept the advice of a legal adviser on any such question mentioned in subsection (1), every such party or solicitor or counsel must be informed of this fact. (15 of 2018 s. 45)
At every inquiry under section 21 of the Ordinance, the Secretary has the following duties—
to read the notice of inquiry;
in the absence of the defendant or his solicitor or counsel at the opening of an inquiry, to furnish to the inquiry panel evidence required by it to prove that the notice of inquiry was served on the defendant concerned; (15 of 2018 s. 46)
to present the case and close the case against the defendant;
at the conclusion of the case of the defendant, to address the inquiry panel in reply; and (15 of 2018 s. 46)
when sentence on the defendant is to be decided, to produce to the inquiry panel past records of any meeting of an inquiry panel or the Council at which an order has been made against the defendant pursuant to section 21 or 21A of the Ordinance. (15 of 2018 s. 46)
(Repealed 15 of 2018 s. 46)