Cap. 164B 《登記護士(登記及紀律處分程序)規例》Enrolled Nurses (Enrolment and Disciplinary Procedure) Regulations

The roll must contain the particulars as specified by the Council of each person whose name is contained in the roll. (24 of 2024 s. 66)

The roll is divided into the following divisions—

Each division of the roll is divided into the following parts—

(L.N. 145 of 1972)

The fee specified in item 1(a) of the Second Schedule is the prescribed fee for an enrolment under the Ordinance of a person with a qualification obtained in Hong Kong.

The fee specified in item 1(b) of the Second Schedule is the prescribed fee for an enrolment under the Ordinance of a person with a qualification obtained elsewhere.

The fee specified in item 1A of the Second Schedule is the prescribed fee for the issue of a practising certificate under section 16A of the Ordinance.

The Council may from time to time by notification in the Gazette declare any establishment in Hong Kong to be a training school for enrolled nurses in respect of all or any part of the training prescribed by these regulations.

No course of training carried out in Hong Kong shall be recognized by the Council for the purposes of full enrolment unless such course has been carried out in one or more of the training schools. (24 of 2024 s. 71)

The Council shall cause such number of examinations in nursing to be held each year as may appear to the Council expedient having regard to the number of pupils from time to time studying nursing in the appropriate training schools.

The examinations may be written, oral or practical and shall be conducted by examiners appointed by the Council and shall be based upon such syllabus as the Council may from time to time determine.

(Repealed L.N. 8 of 2004)

Any person who has on three occasions failed to pass an examination required by these regulations shall not, without the special permission of the Council, be entitled to sit again for that examination.

Except with the special permission of the Council and subject to such conditions as to training or instruction as the Council may impose, no person who has failed to pass an examination required by these regulations may enter again for such examination if a period exceeding one year has lapsed since the date upon which he last failed to pass such examination.

After the completion of any examination required by these regulations the Council shall cause each candidate therefor to be informed of his results.

The Council may establish one or more than one committee to be known as a Preliminary Investigation Committee, each consisting of— (24 of 2024 s. 74)

Save as provided in paragraphs (3), (4) and (5) the members of a Committee hold office for twelve months from the date of election or appointment, as the case may be, but at the end of such period they may be re-elected or re-appointed, as the case may be.

If during the period of his office a member of a Committee appointed under subparagraph (b) of paragraph (1) becomes a member of the Council he shall cease to be a member of the Committee.

Where for any reason a person elected or appointed to a Committee under paragraph (1) is or will be unable temporarily to exercise his functions as such member, another member of the Council may be elected by the Council or, as the case may be, appointed by the chairman, to be temporarily a member of the Committee. (5 of 1988 s. 6)

If the person who is unable temporarily to exercise his functions as a member of a Committee was elected to the Committee under subparagraph (a) of paragraph (1) the person elected to be temporarily a member of the Committee shall during the period of his membership of the Committee, be chairman of the Committee.

If the person who is unable temporarily to exercise his functions as a member of a Committee was appointed to the Committee under subparagraph (b) of paragraph (1) the person appointed to be temporarily a member of the Committee shall be a registered nurse or an enrolled nurse who— (L.N. 145 of 1972; 24 of 2024 s. 74)

If—

the Committee is considering any complaint or information under these regulations, then if such person is not thereupon elected or re-elected or, as the case may be, appointed or re-appointed, to be a member of the Committee, the membership of such person shall continue by virtue of this paragraph for the purposes of the consideration of such complaint or information by the Committee, but for no other purpose, until the Committee has discharged its functions in respect of such complaint or information.

A person elected or appointed to be a member of a Committee may at any time resign his membership of the Committee by notice in writing addressed to the secretary or, as the case may be, the chairman, save that, if at any time such notice is given the Committee is considering any complaint or information the person so resigning shall, if so required by the Council or, as the case may be, the chairman, continue to be a member of the Committee for the purposes of the consideration of such complaint or information but for no other purpose, until the Committee has discharged its functions in respect of the complaint or information. (5 of 1988 s. 6)

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 chairman of the Committee who may at any time adjourn any meeting of the Committee.

Where, in a complaint or information submitted by the secretary to the chairman of a Committee under regulation 16, any allegation is made which in the opinion of the chairman of the Committee gives rise to a question whether an enrolled nurse or an applicant for full enrolment has been, in Hong Kong or elsewhere, guilty of unprofessional conduct, the chairman of the Committee 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. (L.N. 145 of 1972)

Each statutory declaration referred to in paragraph (1)—

Where a complaint or information is submitted to the chairman of a Committee by the secretary, the chairman of the Committee 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. (24 of 2024 s. 77)

Where the chairman 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—

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. (24 of 2024 s. 78)

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—

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 an inquiry shall be held, the secretary, within thirty days after the determination of the Committee, shall serve on the defendant a notice of inquiry together with a copy of these regulations: (24 of 2024 s. 80)Provided that no notice of inquiry shall be issued without prior reference thereof to a legal adviser. (24 of 2024 s. 80)

Every notice of inquiry shall—

Except with the consent in writing of the defendant no inquiry shall be held within less than twenty-eight days after the date of service of the notice of inquiry upon the defendant.

Service of a notice of inquiry on the defendant may be by registered post addressed to him at the address shown on the register or at his last address known to the secretary if different therefrom.

Within the time stipulated for service of the notice of inquiry, the secretary shall send a copy of such notice to any complainant.

Where, after a complaint or information has been referred by a Committee to the Council for inquiry and further information is subsequently produced in writing which suggests that an inquiry ought not to be held, the Council may refer the case back to the Committee for further consideration. (L.N. 117 of 1999; 24 of 2024 s. 81)

As soon as may be after the giving of any such direction the secretary shall give notice thereof to the defendant and to any complainant.

Where before the hearing, or at any stage during the hearing, it appears to the Council that a notice of inquiry is defective in any respect the chairman may give such directions for the amendment of the notice as he may consider necessary to meet the circumstances of the case unless, having regard to the circumstances, he is of the opinion that the amendments required may not be made without resulting in an injustice to the defendant.

The secretary, as soon as is practicable after the amendment of any notice of inquiry, shall give notice in writing of such amendment to the defendant and to any complainant unless the amendment is directed verbally by the chairman in the presence of the parties thereto at the hearing of an inquiry by the Council.

A shorthand writer may be appointed by the Council for the purpose of any inquiry. (L.N. 117 of 1999)

If a verbatim record of any proceedings has been prepared, the secretary, on application made to him by any party to such proceedings and upon payment to him of a fee of $43 for each folio of 72 words or part thereof, shall furnish such party with a copy of such record. (L.N. 86 of 2006)

At the opening of any inquiry the secretary shall read the notice of inquiry to all persons being present at the inquiry.

If the defendant is not present or represented 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 upon the defendant in accordance with the provisions of paragraph (4) of regulation 21 and, on being satisfied that the notice was served, the Council may proceed with the inquiry in the absence of the defendant.

If the defendant is present at the inquiry, the chairman, immediately after the charge has been read, shall inform him that he may cross-examine witnesses, give evidence and call witnesses on his own behalf and address the Council subject to the provisions of regulations 30 and 31.

After the reading of the notice of inquiry, the defendant, or his representative, may object to any charge on a point of law and, upon such objection, any other party to the proceedings may reply thereto and, if any such party replies to such objection, the defendant, or his representative, 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. (L.N. 117 of 1999)

At the conclusion of the proceedings 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 determine, and the chairman shall announce the decision of the Council in such terms as the Council may approve.

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 matter charged.

When the Council has come to its decision under paragraph (3), the chairman shall announce the decision of the Council in such terms as the Council may approve.

Where, under the provisions of paragraph (2) of regulation 32, the judgment of the Council in respect of any charge stands postponed to a future meeting of the Council, the secretary, not less than seven days before the date fixed for such future meeting, shall, in the manner prescribed in paragraph (4) of regulation 21, 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.

If there is a complainant in respect of the charge, a copy of the notice shall be sent to such complainant.

The Council shall consider and determine its judgment and the chairman shall announce the decision of the Council in such terms as the Council may approve.

After the announcement of the decision of the Council in respect of the charge, if such decision be a finding of guilty of the matter charged, the Council shall consider and determine whether or not to postpone sentence upon 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 chairman shall announce the decision of the Council in such terms as the Council may approve.

At any meeting of the Council at which sentence on a defendant is to be decided, before the Council shall decide such sentence— (L.N. 117 of 1999)

At any such meeting of the Council 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 the commission of the offence and to any previous offences and as to the character and antecedents of the defendant.

The Council shall then consider and determine the sentence on the defendant and the chairman shall announce the decision of the Council in such terms as the Council may approve.

If the defendant fails to attend, personally or by his representative, the announcement of the decision of the Council, the secretary, in the manner prescribed in paragraph (4) of regulation 21 shall, within seven days after the announcement of the decision, serve upon the defendant a notice setting out the terms of such decision.

Where, in accordance with the provisions of regulation 34, the sentence of the Council in respect of any charge stands postponed to a future meeting of the Council, the secretary, not less than seven days before the date fixed for such future meeting, shall, in the manner prescribed in paragraph (4) of regulation 21, 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. (L.N. 117 of 1999)

If there is a complainant in respect of the charge in question, 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 24 of 2024 s. 83)

Every witness may be examined by the party calling him and may then be cross-examined by the other party and thereafter be re-examined upon matters arising out of such cross-examination by the party calling the witness.

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 chairman, and members of the Council through the chairman, may put such questions to the parties or to any witness as they may think expedient, or, at the request of the chairman, a legal adviser may put such questions. (24 of 2024 s. 83)

In the taking of the votes of the members of the Council on any question to be determined by the Council, the chairman shall call upon the members to signify their votes and shall thereupon declare the determination of the Council in respect of such question.

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 a member of the Council, the secretary and a legal adviser may be present when the members of the Council vote on any matter. (24 of 2024 s. 84)

When a legal adviser advises the Council on any question of law or as to evidence, procedure or any other matter in the course of any inquiry held by the Council for the purposes of section 15 or 17 of the Ordinance he shall do so in the presence of every party to the proceedings or the representative of any such 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 either verbally or in writing of the advice which the legal adviser has tendered. (24 of 2024 s. 86)

In any case where the Council does not accept the advice given by the legal adviser on any such question aforesaid, every such party or person shall be informed accordingly.