(Cap 359 section 29) [Regulations 2 to 13, 15 and 16, Schedule 1, Forms 1, 2A and 2B of Schedule 2, Schedules 3 and 4］ 1 October 1990 Parts III, IV and V, regulation 47, Forms 4 and 5 of Schedule 2 and Schedule 5 1 August 1991 Regulation 14 and Form 3 of Schedule 2 ［1 July 1992 L.N. 297 of 1990] (L.N. 222 of 1990) Cap 359B reg 1 Citation PART I PRELIMINARY These regulations may be cited as the Occupational Therapists (Registration and Disciplinary Procedure) Regulations. (Enacted 1990) Cap 359B reg 2 Interpretation In these regulations, unless the context otherwise requires- "Board" (委员会) means the Occupational Therapists Board established under section 5 of the Ordinance; "Chairman of the Board" (委员会主席) means the Chairman of the Board appointed under section 5(1)(a) of the Ordinance; "Chairman of the Committee" (小组主席) means the Chairman of the Committee appointed under regulation 17; "Committee" (小组) means the Preliminary Investigation Committee constituted under regulation 17; "complainant" (申诉人) means any person from whom a complaint against or information in respect of- (a) a registered occupational therapist; or (b) an applicant for registration as an occupational therapist,has been received by the Secretary under regulation 18; "examination" (考试) means an examination held in pursuance of section 15A of the Ordinance; "Legal Adviser" (法律顾问) means the legal adviser to the Board appointed under section 5(4)(b) of the Ordinance; "notice of inquiry" (研讯通知书) means a notice served in accordance with regulation 23; "occupational therapist" (职业治疗师) means a person of the description referred to in item 4 of the Schedule to the Ordinance; "register" (注册名册) means the register kept in pursuance of section 10 of the Ordinance for the profession of occupational therapists; "respondent" (答辩人) means a registered occupational therapist or an applicant for registration as an occupational therapist against or in respect of whom a complaint has been received by the Secretary under regulation 18; "Secretary" (秘书) means the Secretary of the Board appointed under section 5(4)(a) of the Ordinance. (Enacted 1990) Cap 359B reg 3 Form of register PART II REGISTER AND CERTIFICATES (1) The register shall be in the form specified in Schedule 1. (2) Without affecting the generality of subregulation (1), the register shall be divided into 3 parts, namely Part I, Part II and Part III. (Enacted 1990) Cap 359B reg 4 Qualifications for registration For the purposes of section 12(1)(a) of the Ordinance, a person shall be qualified for registration if he holds- (a) a Professional Diploma in Occupational Therapy issued by the Hong Kong Polytechnic before 1 January 1994, or a Bachelor of Science Degree in Occupational Therapy issued by the Hong Kong Polytechnic or The Hong Kong Polytechnic University on or after 1 January 1994; or (L.N. 517 of 1994; L.N. 643 of 1994; L.N. 436 of 1996) (b) (Repealed L.N. 436 of 1996) (c) a certificate from the Board that he has passed an examination relating to occupational therapy conducted under section 15A of the Ordinance for the purposes of section 12(1)(a) of the Ordinance. (Enacted 1990) Cap 359B reg 5 Qualifications and experience for entry in various parts of the register For the purposes of section 13(4) of the Ordinance the Secretary shall enter the name of an occupational therapist- (a) who holds a qualification referred to in regulation 4 and who has- (i) experience of not less than 1 year- (A) acquired after the occupational therapist acquired such qualification; and (B) recognized for the purposes of this regulation by the Board; or(ii) such other experience, acquired before the occupational therapist obtained such qualification, as may be accepted by the Board in a particular case subject to such conditions (if any) relating to the acquisition of post qualification experience as the Board may impose, in Part I of the register;(b) who holds a qualification referred to in regulation 4 but does not have the experience referred to in paragraph (a)(i) or (ii), in Part II of the register; (c) to whom a certificate of provisional registration has been issued under section 15 of the Ordinance, in Part III of the register; and (d) who is qualified to be registered under section 12(1)(b) or (c) of the Ordinance in that part of the register determined by the Council under section 12(1A) of the Ordinance. (Enacted 1990) Cap 359B reg 6 Restrictions on the practice of Part II and Part III occupational therapists (1) An occupational therapist shall not practise without supervision unless his name has been entered in Part I of the register. (2) An occupational therapist whose name has been entered in Part II or III of the register shall not practise otherwise than under the supervision of an occupational therapist whose name has been registered in Part I. (Enacted 1990) Cap 359B reg 7 Application for registration or provisional registration (1) An application for registration as an occupational therapist under section 13 of the Ordinance or for provisional registration as an occupational therapist under section 15 of the Ordinance shall be in accordance with Form 1 in Schedule 2. (2) A form of application for registration or provisional registration shall be signed in the presence of a barrister, commissioner for oaths, occupational therapist registered in Part I of the register, registered medical practitioner or solicitor and shall be delivered to the Secretary together with 4 photographs of the applicant of such size as shall be specified by the Secretary. (47 of 1997 s. 10) (3) The Secretary shall refer the application of a person claiming to be qualified to be registered- (a) under section 12(1)(a) or 15 of the Ordinance to the Board; and (b) under section 12(1)(b) or (c) of the Ordinance to the Council,as soon as practicable after receiving the application. (Enacted 1990) Cap 359B reg 8 Consideration of an application by Council On receipt of an application under regulation 7(3)(b), the Council shall, as soon as practicable, consider it and if satisfied that the applicant is qualified to be registered under section 12(1)(b) or (c) of the Ordinance inform the Board accordingly. (Enacted 1990) Cap 359B reg 9 Certificates of registration and provisional registration (1) A certificate of registration issued under section 14(1) of the Ordinance shall be in accordance with Form 2A in Schedule 2. (2) A certificate of provisional registration issued under section 15 of the Ordinance shall be in accordance with Form 2B in Schedule 2. (Enacted 1990) Cap 359B reg 10 Examinations (1) A candidate for an examination shall pay the fee prescribed in Schedule 3 as a condition of entry for the examination. (2) An examination may be written, oral or practical and shall be based upon such syllabus as the Board may from time to time determine. (3) The Board shall cause a candidate for an examination to be informed of his results after the completion of the examination. (Enacted 1990) Cap 359B reg 11 Appeals Any appeal under section 15B of the Ordinance shall be in writing and shall be made within 14 days of the aggrieved person being notified of the Board's decision. (Enacted 1990) Cap 359B reg 12 Application for, and issue of, practising certificates (1) An application for a practising certificate under section 16 of the Ordinance shall be in writing. (2) A practising certificate shall be in such form as may be determined by the Secretary. (Enacted 1990) Cap 359B reg 13 Certificate of standing or examination (1) A certificate of standing shall be in such form as the Board may determine. (2) A certificate issued by the Board in respect of any examination shall in such form as the Board may determine. (Enacted 1990) Cap 359B reg 14 Statement by company The statement required to be transmitted by a company carrying on the business of an occupational therapist to the Secretary under section 20(3) of the Ordinance shall be in accordance with Form 3 in Schedule 2. (Enacted 1990) Cap 359B reg 15 Fees The fees payable under the Ordinance and these regulations shall be the fees specified in Schedule 3. (Enacted 1990) Cap 359B reg 16 Exemptions (1) Any person of the description mentioned in column 2 of Part 1 of Schedule 4 is exempt from the section of the Ordinance specified in column 3 of at Schedule opposite such description. (2) Any person of the description mentioned in column 2 of Part 2 of Schedule 4 is, subject to the conditions specified in subregulation (3), exempt from the section of the Ordinance specified in column 3 of that Schedule opposite such description. (3) The conditions referred to in subregulation (2) are that- (a) the exempt person employs in connection with his practice of occupational therapy one occupational therapist registered in Part I of the register; and (b) the practice of occupational therapy is carried on under the supervision of the occupational therapist referred to in paragraph (a). (Enacted 1990) Cap 359B reg 17 Preliminary Investigation Committee PART III PROCEEDINGS PREPARATORY TO HEARING BY THE BOARD (1) For the purposes of performing the functions conferred upon it by the Ordinance and these regulations, there shall be a Preliminary Investigation Committee consisting of- (a) a chairman who shall be a member of the Board nominated by the Board and appointed by the Chairman of the Board; (b) an occupational therapist registered in Part I of the register and ordinarily resident in Hong Kong, not being a member of the Board and who is practising as an occupational therapist in the employment of the Government or the Hospital Authority, nominated by the Hong Kong Occupational Therapy Association and appointed by the Chairman of the Board; (L.N. 517 of 1994; L.N. 87 of 2004) (c) an occupational therapist registered in Part I of the register and ordinarily resident in Hong Kong, not being a member of the Board, who is practising as an occupational therapist other than as an employee of the Government or the Hospital Authority, nominated by the Hong Kong Occupational Therapy Association and appointed by the Chairman of the Board. (L.N. 517 of 1994; L.N. 87 of 2004)(2) Save as provided in Schedule 5 the members of the Committee shall hold office for 12 months but at the end of such period they may be re-nominated and reappointed. (3) Schedule 5 shall apply to the Preliminary Investigation Committee. (4) In this regulation, "Hospital Authority" (医院管理局) means the Hospital Authority established by section 3(1) of the Hospital Authority Ordinance (Cap 113). (L.N. 517 of 1994) (Enacted 1990) Cap 359B reg 18 Submission of complaint or information (1) Where- (a) a complaint is made to the Secretary in respect of a registered occupational therapist; or (b) information is received by the Secretary in respect of an application for registration,as to any of the matters referred to in paragraph (a), (b), (c), (d) or (e) of section 22(1) of the Ordinance he shall submit the complaint or that information to the Chairman of the Committee. (2) In this Part "complaint" (申诉) includes information received by the Secretary under subregulation (1)(b) and submitted under that subregulation. (Enacted 1990) Cap 359B reg 19 Complaint touching conduct (1) Where, in a complaint submitted by the Secretary to the Chairman of the Committee under regulation 18, any allegation is made which in the opinion of the Chairman of the Committee gives rise to a question whether a registered occupational therapist or an applicant for registration- (a) has been convicted in Hong Kong or elsewhere of an offence punishable with imprisonment; (b) has been guilty in Hong Kong or elsewhere of unprofessional conduct; or (c) may be guilty of any of the matters referred to in paragraph (c), (d) or (e) of section 22(1) of the Ordinance,the Chairman of the Committee may require that the complaint be formulated in writing setting out the grounds thereof and, except where the complaint is in writing under the hand of a public officer, supported by one or more statutory declarations as to the facts of the case. (2) Each statutory declaration referred to in subregulation(1)- (a) shall state the address and description of the declarant; and (b) 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 his belief in the truth of the facts. (Enacted 1990) Cap 359B reg 20 Reference of complaint to the Committee (1) On receiving a complaint submitted under regulation 19, the Chairman of the Committee shall, if satisfied that the complaint is frivolous or groundless and should not proceed further, dismiss it, and in any other case- (a) direct the Secretary that the complaint be referred to the Committee to consider whether it should be referred to the Board for inquiry; and (b) fix a date for the meeting of the Committee to consider the complaint.(2) Where the Secretary is directed to refer a complaint to the Committee, he shall- (a) refer the complaint to the Committee; (b) notify the respondent of the receipt of the complaint; (c) inform him of the substance thereof; (d) forward to him a copy of any statutory declaration furnished under regulation 19(1); (e) inform him of the date fixed for the meeting of the Committee to consider the complaint; and (f) invite him to submit to the Committee any explanation he wishes to offer for his conduct or any other matter alleged in the complaint. (Enacted 1990) Cap 359B reg 21 Consideration of complaint by the Committee (1) The Secretary shall, at the meeting at which the complaint is considered, put before the Committee the complaint, any statutory declaration received therewith, any explanation submitted by the respondent and any other available document or matter in the nature of evidence relevant to the complaint. (2) The Committee shall consider any documents or matter put before it under subregulation (1) and, subject to subregulation (3), shall determine either- (a) that no inquiry shall be held; or (b) that the complaint shall in whole or in part be referred to the Board for inquiry.(3) Before coming to a determination under subregulation (2), the Committee may cause to be made such further investigations and may obtain such additional advice or assistance as it considers necessary. (Enacted 1990) Cap 359B reg 22 Determination of Committee that no inquiry be held (1) If the Committee determines that no inquiry shall be held, it shall direct that the complaint be dismissed and the Secretary shall inform the respondent and the complainant, if any, accordingly. (2) If the Committee determines that an inquiry shall be held, it shall refer the case to the Board and the Chairman of the Committee shall notify the Chairman of the Board of the matters into which inquiry is to be made. (Enacted 1990) Cap 359B reg 23 Determination of Committee that inquiry be held (1) Where a matter is referred to the Board under regulation 22(2), the Chairman of the Board shall fix a date for holding an inquiry and the Secretary shall, within 1 month of the determination of the Committee to refer the complaint to the Board, serve on the respondent a notice of inquiry which shall be in accordance with Form 4 in Schedule 2 together with a copy of these regulations. (2) A notice of inquiry shall- (a) in a case where the complaint is that the respondent has been guilty of misconduct, state in the form of a charge, which shall be formulated by the Secretary, the matters into which inquiry is to be held; (b) in any other case, state the allegation contained in the complaint; and (c) specify the date, time and place at which the inquiry is proposed to be held.(3) An inquiry shall not be held until 28 days after the date of service of the notice of inquiry unless the respondent consents in writing to holding it earlier. (4) Service of a notice of inquiry on the respondent shall be by registered post addressed to him at his registered address or at his address last known to the Secretary if different. (5) 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. (Enacted 1990) Cap 359B reg 24 Adjournment of inquiry (1) The Chairman of the Board may, at any time, adjourn any inquiry to such date as he thinks fit. (2) Notice of any such adjournment shall be given to the respondent and to any complainant. (Enacted 1990) Cap 359B reg 25 Documents to be furnished to Board The respondent 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 Board may determine, 2 copies of all documents upon which he intends to rely at the hearing of the said inquiry. (Enacted 1990) Cap 359B reg 26 Documents to be available to each party The Secretary on the request of the respondent or a complainant and on the payment of reasonable charges (if any) shall send to the respondent 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. (Enacted 1990) Cap 359B reg 27 Notice to produce 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. (Enacted 1990) Cap 359B reg 28 Amendment of notice (1) Where before the hearing or at any stage of the hearing it appears to the Board that a notice of inquiry is defective, the Chairman of the Board 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 merits of the case, he is of the opinion that the required amendments cannot be made without prejudice to the respondent. (2) The Secretary shall, as soon as is practicable, after the amendment of a notice of inquiry, give notice in writing thereof to the respondent and to any complainant. (Enacted 1990) Cap 359B reg 29 Interpretation PART IV PROCEEDINGS AT HEARING OF BOARD In this Part- "order" (命令) means an order made by the Board in the exercise of its powers under section 22 of the Ordinance; "Secretary" (秘书) includes a counsel, a solicitor or a legal officer appointed in pursuance of regulation 31. (L.N. 87 of 2004) (Enacted 1990) Cap 359B reg 30 Record of proceedings (1) A shorthand writer may be appointed by the Board to prepare a verbatim record of the proceedings. (2) If a verbatim record of any proceedings or any part of any proceedings has been prepared the Chairman of the Board, on application to him by any party and on the payment of reasonable charges (if any), shall furnish such party with a copy of such record. (Enacted 1990) Cap 359B reg 31 Appointment of counsel, solicitor or legal officer as Secretary On the application of the Secretary of the Board appointed under section 5(4)(a) of the Ordinance, the Secretary for Justice may appoint a counsel, a solicitor or a legal officer within the meaning of the Legal Officers Ordinance (Cap 87) to carry out the duties which a secretary has to perform in an inquiry where the complainant is not present or represented by counsel or solicitor. (Enacted 1990. L.N. 362 of 1997; L.N. 87 of 2004) Cap 359B reg 32 Opening of inquiry (1) At the opening of an inquiry the Secretary shall read the notice of inquiry. (2) If the respondent is not present and is not represented by counsel or a solicitor at the opening of the inquiry, the Secretary shall furnish to the Board such evidence as the Board may require that the notice of inquiry was served on the respondent in accordance with regulation 23(4) and, on being satisfied as to such evidence, the Board may proceed with the inquiry in the absence of the respondent. (3) If the respondent is present at the inquiry the Chairman of the Board, immediately after the notice of inquiry has been read, shall inform him of his right to cross-examine witnesses, to give evidence and to call witnesses on his behalf. (Enacted 1990) Cap 359B reg 33 Objections on point of law (1) After the reading of the notice of inquiry the respondent, or his counsel or solicitor, may object to any charge or allegation as the case may be on a point of law and the Secretary and any other party to the inquiry may reply thereto and, if the Secretary or any party replies to that objection, the respondent, or his counsel or solicitor, shall be permitted to answer such reply. (2) If such objection is upheld by the Board the charge to which such objection relates shall be considered only subject to such objection. (Enacted 1990) Cap 359B reg 34 Order of procedure before Board (1) After the reading of the notice of inquiry the order of procedure set out in subregulations (2), (3), (4), (5), (6), (7) and (8) shall be observed. (2) The complainant, or his counsel or solicitor, or in their absence, or if there is no complainant, the Secretary, shall present the case against the respondent, adduce the evidence in support thereof and then close the case against the respondent. (3) At the close of the case against the respondent, he or his counsel or solicitor may make either or both of the following submissions in relation to any charge or allegation in respect of which evidence has been adduced- (a) that sufficient evidence has not been adduced upon which the Board can find that the facts alleged in the complaint have been proved; (b) that the facts alleged in the complaint are not such as to constitute the offence charged or the allegation made against the respondent.(4) Where a submission under subregulation (3) is made, a reply thereto may be made by the complainant, or by his counsel or solicitor, or in their absence by the Secretary, and the respondent may answer such reply. (5) The Board shall determine whether the submission made under subregulation (3) shall be upheld and the Chairman of the Board shall announce the determination of the Board. (6) If the Board- (a) upholds the submission in respect of any charge or allegation, the finding shall be recorded that the respondent is not guilty on that charge or allegation; (b) rejects the submission, the Chairman of the Board shall call upon the respondent to state his case.(7) When called upon to state the case, the respondent, or his counsel or solicitor, may adduce evidence in support of his case and may address the Board once either before or after adducing evidence. (8) At the conclusion of the case of the respondent, the complainant, or his counsel or solicitor, or in their absence the Secretary, may address the Board in reply- (a) if evidence other than the respondent's own evidence was adduced on the respondent's behalf; or (b) with the special leave of the Board. (Enacted 1990) Cap 359B reg 35 Determination by Board or postponement to future meeting At the conclusion of the proceedings the Board shall either- (a) determine whether the facts alleged in any charge or allegation have been proved to its satisfaction and whether the respondent is guilty as alleged or charged; or (b) postpone its determination to a future meeting to be held on a date to be decided by the Board,and the Chairman of the Board shall announce the decision of the Board. (Enacted 1990) Cap 359B reg 36 Notification of future meeting (1) Where the Board decides to postpone its determination to a future meeting, the Secretary shall, not less than 1 week before the date fixed for such future meeting, serve on the respondent a notice specifying the date, time and place fixed for the meeting of the Board and invite the respondent to appear at such meeting. (2) A notice under subregulation (1) shall be served in accordance with regulation 23(4), and a copy of the notice shall be sent to the complainant, if any. (Enacted 1990) Cap 359B reg 37 Determination by Bond at future meeting At any future meeting of the Board referred to in regulation 35(b), the Board shall determine whether the facts alleged in any charge or allegation have been proved to its satisfaction and whether the Board finds the respondent guilty as alleged or charged and the Chairman of the Board shall announce the Board's determination. (Enacted 1990) Cap 359B reg 38 Making of an order or postponement to future meeting Where the Board makes a finding of guilt or that any allegation against the respondent has been proved under regulation 35(a) or 37, it shall- (a) if the respondent is a registered person, subject to regulation 41, make an order; and (b) if the respondent is an applicant for registration, subject to regulation 41, decide whether to decline his application for registration; or (c) postpone to a future meeting to be held on a date to be decided by the Board, the making of an order under paragraph (a) or a decision under paragraph (b),and the Chairman of the Board shall announce the decision of the Board. (Enacted 1990) Cap 359B reg 39 Notification of future meeting (1) Where the Board postpones to a future meeting the making of an order or a decision under regulation 38, the Secretary shall, not less than 1 week before the date fixed for such meeting, serve on the respondent a notice specifying the date, time and place fixed for the meeting and inviting him to appear at the meeting. (2) A notice under subregulation (1) shall be served on the respondent in accordance with regulation 23(4), and a copy of the notice shall be sent to the complainant, if any. (Enacted 1990) Cap 359B reg 40 Making of order at future meeting At any future meeting referred to in regulation 38, the Board shall, subject to regulation 41- (a) if the respondent is a registered person, determine the order to be made; and (b) if the respondent is an applicant for registration, decide whether to decline his application for registration,and the Chairman of the Board shall announce the determination or decision of the Board. (Enacted 1990) Cap 359B reg 41 Opportunity for mitigation (1) At any meeting of the Board at which the Board makes in respect of a respondent an order or a decision to decline his application for registration, before the order or decision is made, an opportunity shall be given to the respondent or his counsel or solicitor to make a statement in mitigation and to adduce evidence as to the circumstances leading to the commission of the offence or the conduct complained of and as to the character and antecedents of the respondent. (2) At any meeting referred to in subregulation (1), before the order or decision of the Board is made- (a) the Secretary or any other person presenting the case against the respondent may, if the respondent has been the subject of a previous order, produce to the Board the records of the meeting at which that order was made; and (b) the respondent, in person or by his counsel or solicitor, may make a statement by way of mitigation and adduce evidence as to the circumstances leading to the previous order. (Enacted 1990) Cap 359B reg 42 Evidence (1) Evidence may be taken by the Board by oral statement on oath or by written deposition or statement. (2) A summons under section 23(1)(b) of the Ordinance to any person requiring him to attend an inquiry to give evidence or produce any document or other thing in his possession shall be in accordance with Form 5 in Schedule 2. (3) Every witness shall be examined by the party producing him and may then be cross-examined by the other party and may be re-examined by the party producing the witness only upon matters arising out of the cross-examination. (4) The Board 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. (5) The Chairman of the Board, and members of the Board through the Chairman of the Board, may put such questions to the parties or to any witness as they may think desirable, and the other parties may then re-examine such party or witness on matters arising out of such questioning. (Enacted 1990) Cap 359B reg 43 Voting (1) In the taking of the votes of the Board on any question to be determined by it, the Chairman of the Board shall call upon the members to signify their votes and shall thereupon declare the determination of the Board in respect of such question. (2) Where the determination of the Board so declared by the Chairman of the Board is challenged by any member of the Board, the Chairman of the Board shall call upon each member severally to declare his vote, announce his own vote and announce the number of members of the Board who have voted each way, and the result of the vote. (3) Where on any question to be determined by the Board the votes are equal, the question shall be deemed to have been decided in favour of the respondent. (4) No person other than members of the Board and the Legal Adviser shall be present when the Board votes on any matter. (Enacted 1990) Cap 359B reg 44 Inquiry by the Board PART V DUTIES OF LEGAL ADVISER The Legal Adviser shall be present at every inquiry held by the Board in accordance with section 13 or 22 of the Ordinance and no such inquiry shall commence if the Legal Adviser is not present. (Enacted 1990) Cap 359B reg 45 Ordinary meetings of Board The Chairman of the Board may give to the Legal Adviser prior notice that his advice may be required at any meeting of the Board, other than at an inquiry under section 13 or 22 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. (Enacted 1990) Cap 359B reg 46 Advice by Legal Adviser (1) When the Legal Adviser advises the Board on any question of law as to evidence, procedure or any other matter in any inquiry under section 13 or 22 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 Board 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. (2) In any case where the Board 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. (Enacted 1990) Cap 359B reg 47 Application to section 13(3) inquiry PART VI MISCELLANEOUS Where specific provision has not been made in these regulations in respect of an inquiry held for the purposes of section 13(3) of the Ordinance, any provision applicable to an inquiry held for the purposes of section 22 of the Ordinance shall apply and may be construed with such modifications not affecting the substance as may be necessary to render it conveniently applicable. (Enacted 1990) Cap 359B Sched 1 Register of Occupational Therapists [regulation 3] SUPPLEMENTARY MEDICAL PROFESSIONS ORDINANCE (Chapter 359) OCCUPATIONAL THERAPISTS (REGISTRATION AND DISCIPLINARY PROCEDURE) REGULATIONS PART I REGISTRATION NO. : ............................................................................................. NAME : ..................................................................( ) ADDRESS : ............................................................................................. BUSINESS ADDRESS : ............................................................................................. QUALIFICATIONS AND DATE OBTAINED : ............................................................................................. ............................................................................................. DETAILS OF WORKING EXPERIENCE : ............................................................................................. ............................................................................................. ............................................................................................. ............................................................................................. CERTIFICATE OF REGISTRATION SERIAL NO. : ............................................................................................. DATE OF REGISTRATION : ............................................................................................. REMARKS : ............................................................................................. ............................................................................................. Photograph ................................................... Secretary, Occupational Therapists Board. (Enacted 1990) PART II REGISTRATION NO. : ............................................................................................. NAME : ..................................................................( ) ADDRESS : ............................................................................................. BUSINESS ADDRESS : ............................................................................................. QUALIFICATIONS AND DATE OBTAINED : ............................................................................................. ............................................................................................. DETAILS OF WORKING EXPERIENCE : ............................................................................................. ............................................................................................. ............................................................................................. ............................................................................................. CERTIFICATE OF REGISTRATION SERIAL NO. : ............................................................................................. DATE OF REGISTRATION : ............................................................................................. REMARKS : ............................................................................................. Photograph .................................................... Secretary, Occupational Therapists Board. (Enacted 1990) PART III REGISTRATION NO. : ............................................................................................. NAME : ..................................................................( ) ADDRESS : ............................................................................................. BUSINESS ADDRESS : ............................................................................................. QUALIFICATIONS AND DATE OBTAINED : ............................................................................................. ............................................................................................. DETAILS OF WORKING EXPERIENCE : ............................................................................................. ............................................................................................. ............................................................................................. ............................................................................................. CERTIFICATE OF REGISTRATION SERIAL NO. : ............................................................................................. DATE OF REGISTRATION : ............................................................................................. REMARKS : ............................................................................................. ............................................................................................. Photograph ................................................ Secretary, Occupational Therapists Board. (Enacted 1990) Cap 359B Sched 2 [regulations 7, 9, 14, 23 & 42] FORM 1 [regulation 7(1)] SUPPLEMENTARY MEDICAL PROFESSIONS ORDINANCE (Chapter 359) OCCUPATIONAL THERAPISTS (REGISTRATION AND DISCIPLINARY PROCEDURE) REGULATIONS Application for Registration/Provisional Registration as an Occupational Therapist I ..................................................................................................................................... (name in both English and Chinese) of......................................................................................................................................... (correspondence or home address) being qualified for registration under section 12(1)*(a)/(b)/(c)/section 15 of the Supplementary Medical Professions Ordinance apply for *registration/provisional registration as an occupational therapist and request that my name be placed on Part ............ of the Register. 2. I hold the following qualifications ...................................................................................... ............................................................................................................................................. ............................................................................................................................................. 3. I have the following professional experience ...................................................................... ............................................................................................................................................. ............................................................................................................................................. 4. My business address(es) *is/are as follows: (English) ............................................................................................................................... ............................................................................................................................................. (Chinese) .............................................................................................................................. ............................................................................................................................................. 5. My telephone numbers are: (Home) ................................................................................................................................. (Office) ................................................................................................................................ 6. I *+have/have not been convicted in Hong Kong or elsewhere of an offence punishable with imprisonment. I *have/have not been found guilty in Hong Kong or elsewhere of unprofessional conduct. I *am/am not the subject of an existing order under section 22(1)(i) or (ii) of the Supplementary Medical Professions Ordinance. I declare that the information given in this application is correct to the best of my knowledge and belief. Signed at .................................................. ﹜ .............................................................. the ............... day of ...................... 19 ..... (Signature of Applicant) Before me, ....................................................... .............................................................. (Name in block letters) (Signature) * Barrister/Commissioner for Oaths/Occupational therapist registered in Part I of the Register/Registered medical practitioner/Solicitor Photograph of Applicant + Please supply details of conviction. * Delete as inappropriate. (47 of 1997 s. 10) _____________ FORM 2A [regulation 9(1)] OCCUPATIONAL THERAPISTS BOARD HONG KONG SUPPLEMENTARY MEDICAL PROFESSIONS ORDINANCE (Chapter 359) Certificate of Registration Number on Register ................... This is to certify that ........................................................................................... whose address is .............................................................................................................................. ............................................................................................................................................. and whose photograph appears hereon was on the .......... day of ............. 19.......... admitted to Part .............. of the Register of Occupational Therapists. Dated this ........ day of ....... 19...... Photograph .................................................... Secretary, Occupational Therapists Board. (L.N. 87 of 2004) _____________ FORM 2B [regulation 9(2)] OCCUPATIONAL THERAPISTS BOARD HONG KONG SUPPLEMENTARY MEDICAL PROFESSIONS ORDINANCE (Chapter 359) Certificate of Provisional Registration Number on Register ................... This is to certify that ........................................................................................... whose address is .............................................................................................................................. ............................................................................................................................................. and whose photograph appears hereon was on the ........ day of ............. 19........ admitted to Part Ill of the Register of Occupational Therapists subject to the undermentioned conditions. Conditions imposed pursuant to section 15(3) of the Supplementary Medical Professions Ordinance- Dated this .......... day of ................... 19 ....... Photograph .................................................... Secretary, Occupational Therapists Board. (L.N. 87 of 2004) _____________ FORM 3 [regulation 14] SUPPLEMENTARY MEDICAL PROFESSIONS ORDINANCE (Chapter 359) Occupational Therapists (Registration and Disciplinary Procedure) Regulations Particulars of a Company carrying on the Business of Practising Occupational Therapy Presented by ................................................................................................................. (Name of Company) of ......................................................................................................................................... (Registered Business Address) ............................................................................................................................................. (Business Registration Certificate No.) Particulars of the names and addresses of all persons who are professionally qualified directors, other directors or managers of the above company in respect of the business of occupational therapy carried on by it at ................................................................................... ............................................................................................................................................. under the name of ................................................................................................................. Name in full Position Cert. of Reg. No. and Date of Reg. where Directors are registered under Part I of the Register Residentia Address and of persons who practise occupational therapy in connection with the business of the said company in the above. Name in full Residential address Occupation Qualifications Cert. of Reg. No. and Date of Reg. Duties performed Dated this ........... day of .................... 19 ....... (Signature) ............................................... (State whether director or manager or secretary) _____________ FORM 4 [regulation 23(1)] SUPPLEMENTARY MEDICAL PROFESSIONS ORDINANCE (Chapter 359) OCCUPATIONAL THERAPISTS (REGISTRATION AND DISCIPLINARY PROCEDURE) REGULATIONS Notice of Inquiry [Date] Sir/Madam, On behalf of the Occupational Therapists Board notice is hereby given to you that, in consequence of a complaint made against you to the Board/information received by the Board, an inquiry is to be held into the following charge(s) against you- (If the allegation relates to conviction) That you were on the ............. day of .................... 19 ........ at ............................................................................................................................ (specify court recording the conviction) convicted of ................................................................ ......................................................... (set out particulars of the conviction in sufficient detail to identify the case). or (If the charge relates to conduct) That you ..................................................................... ............................................................................................................................................. ............................................................................................................................................. (set out briefly the facts alleged); and that in relation to the facts alleged you have been guilty of unprofessional conduct. or (If the allegation relates to obtaining registration by fraud or misrepresentation) That you ............................................................................................................................................. ............................................................................................................................................. ............................................................................................................................................. (set out briefly the facts alleged); and that in relation to the facts alleged you obtained registration by fraud or misrepresentation. or (If the allegation is that the registered occupational therapist was not qualified, at the time of his registration, to be registered) That you ........................................................................... ............................................................................................................................................. ............................................................................................................................................. ............................................................................................................................................. ................................................................................................................................. (set out briefly the facts alleged); and that in relation to the facts alleged you were not at the time of your registration qualified to be registered. or (If the allegation is that the registered occupational therapist has not complied with or is in breach of any condition of his registration or has failed to comply with the Ordinance) That you ............................................................................................................................................. ............................................................................................................................................. ............................................................................................................................................. ................................................................................................................................. (set out briefly the facts alleged). or (If the charge or allegation is that an applicant for registration has been convicted in Hong Kong or elsewhere of any offence punishable with imprisonment, has been guilty of unprofessional conduct, is not qualified to be registered in his application for registration, has been guilty of fraud or misrepresentation or has failed to comply with the Ordinance) That on the ......... day of ........... 19 ....... you made application to the Secretary for registration in accordance with section 13 of the Supplementary Medical Professions Ordinance, whereas ............................................................................................................................................. ............................................................................................................................................. ............................................................................................................................................. ................................................................................................................................. (set out briefly the facts alleged); and that in relation to the facts alleged your name should not be approved to be entered upon the register. (Where there is more than one charge or allegation they are to be numbered consecutively). Notice is further given to you that on .......... (day of the week) the ........ day of ........... 19 ........., a meeting of the Board will be held at .......................................................................... ...................................................................................................................., at..................... a.m./p.m. to consider the above-mentioned charge(s)/allegation(s) in a complaint against you, and to determine whether or not the Board should take any action against you under section ................ (state whether section 13 or 22) of the Supplementary Medical Professions Ordinance. You are hereby invited to answer in writing the above-mentioned charge(s)/allegation(s) and also to appear before the Board at the place and time specified above, for the purpose of answering such charge(s)/allegation(s). You may appear in person or by counsel or solicitor. The Board has power, if you do not appear, to hear and decide upon the said charge(s)/allegation(s) in your absence. Any answer, admission, or other statement or communication which you may desire to make with respect to the said charge(s)/allegation(s) in a complaint should be addressed to the Secretary. If you desire to make any application that the inquiry should be postponed, you should send the application to the Secretary as soon as may be, stating the grounds on which you desire a postponement. Any such application will be considered by the Chairman of the Board. A copy of the Occupational Therapists (Registration and Disciplinary Procedure) Regulations is sent herewith for your information. .................................................... Secretary, Occupational Therapists Board. _____________ FORM 5 [regulation 42(2)] SUPPLEMENTARY MEDICAL PROFESSIONS ORDINANCE (Chapter 359) OCCUPATIONAL THERAPISTS (REGISTRATION AND DISCIPLINARY PROCEDURE) REGULATIONS Summons to Witness In the matter of a Disciplinary Inquiry under section 13/section 22 of the Ordinance: And in the matter of (1) ................................................................................................... To(2) ...................................................................................................................................... You are hereby summoned to appear before the Occupational Therapists Board at ............................................................................................................................................. on the ......... day of .......... 19 ......., at ................................................................................... o'clock in the ......... noon to give evidence touching the matter under inquiry(3) and also to bring with you and produce(4) ........................................................................................................... ............................................................................................................................................. Given under my hand this ......... day of ............................................................ 19 ......... ................................................. Chairman, Occupational Therapists Board. NOTE: (1) Insert name of registered occupational therapist. (2) Insert name and address of witness. (3) Delete if not required. (4) Specify the books, documents or other things to be produced. (Enacted 1990) Cap 359B Sched 3 FEES [regulations 10 & 15] Item Particular Fee $ 1. Any alteration to the register under section 10(2) ....................................... 400 2. Restoration to the register under section 10(5) ........................................... 510 3. Registration under section 13 ................................................................... 1155 4. Certified copy of a certificate of registration under section 14(3) ................ 270 5. Duplicate certificate of registration under section 14(7) .............................. 315 6. Certificate of standing under section 14A .................................................. 625 7. Certificate verifying registration under section 14A .................................... 475 8. Provisional registration under section 15 .................................................... 1085 9. Examination fee for an examination under section 15A .............................. 1270 10. Practising certificate issued under section 16 (34 of 1995 s. 42) ................. 395 (L.N. 518 of 1994; L.N. 318 of 1996; L.N. 320 of 2000) Cap 359B Sched 4 EXEMPTIONS FROM THE ORDINANCE [regulation 16] Item Person Exempt Exempt Section PART 1 1. A registered medical practitioner while practising medicine 21(1) 2. A student in the course of undergoing any course in occupational therapy or medicine at the University of Hong Kong, The Chinese University of Hong Kong or The Hong Kong Polytechnic University (L.N. 643 of 1994) 21(1) PART 2 3. A hospital to which the Hospitals, Nursing Homes and Maternity Homes Registration Ordinance (Cap 165) applies carried on by an individual person and registered under that Ordinance 21(1) 4. A hospital to which the Hospitals, Nursing Homes and Maternity Homes Registration Ordinance (Cap 165) applies carried on by a corporation and registered under that Ordinance 20 and 21(1) 5. A maternity home to which the Hospitals, Nursing Homes and Maternity Homes Registration Ordinance (Cap 165) applies carried on by an individual person and registered under that Ordinance 21(1) 6. A maternity home to which the Hospitals, Nursing Homes and Maternity Homes Registration Ordinance (Cap 165) applies carried on by a corporation and registered under that Ordinance 20 and 21(1) 7. A medical clinic carried on by an individual person and registered under the Medical Clinics Ordinance (Cap 343) 21(1) 8. A medical clinic carried on by a corporation and registered under the Medical Clinics Ordinance (Cap 343) 20 and 21(1) (Enacted 1990) Cap 359B Sched 5 PRELIMINARY INVESTIGATION COMMITTEE [regulation 17] 1. Member ceasing to be member on becoming member of Board A member of the Committee who during the period of his office becomes a member of the Board shall cease to be a member of the Committee. 2. Appointment of acting Chairman If the Chairman of the Committee is or will be unable temporarily to exercise his functions another member of the Board may be nominated by the Board and appointed by the Chairman of the Board to act during the period of his appointment, as Chairman of the Committee. 3. Appointment of acting member If a member of the Committee is or will be unable temporarily to exercise his functions as a member of the Committee a person satisfying the same criteria as applied to the appointment of that member may be nominated by the Hong Kong Occupational Therapy Association and appointed by the Chairman of the Board to act during the period of his appointment, as that member. (L.N. 87 of 2004) 4. Effect of lapse or termination of appointment If at the time the Committee is considering any complaint or information under these regulations- (a) the appointment of any person to be the Chairman or a member of the Committee lapses by virtue of regulation 17 or terminates by operation of paragraph 1 of this Schedule; or (b) the appointment of any person under paragraph 2 or 3 of this Schedule lapses,then if such person is not thereupon elected or re-elected or appointed or reappointed, as the case may be, to be the Chairman or a member of the Committee, the chairmanship or 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. 5. Resignation by Chairman and member of Committee (1) The Chairman or a member of the Committee may at any time resign from the Committee by notice in writing addressed to the Secretary, save that, if at the time such notice is given the Committee is considering any complaint or information, the person so resigning shall, if so required by the Chairman of the Board, continue to be Chairman or 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. (2) Regulation 17 shall apply to any vacancy arising from any resignation under this paragraph as if the vacancy had occurred by effluxion of time. 6. Chairman or member of Committee attending Board meeting The Chairman of the Committee shall not and no member of the Committee shall attend any meeting of the Board as a member of the Board during the hearing or determination of any complaint or information against any person which is referred to the Board by the Committee for determination if such member has attended any meeting of the Committee at which such complaint or information was considered. 7. Meetings of Committee (1) The Committee shall meet from time to time as directed by the Chairman of the Committee who may at any time adjourn any meeting of the Committee. (2) Save as otherwise provided in the Ordinance the Chairman of the Committee shall determine the procedure to be adopted at any meeting. (Enacted 1990)
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