(Cap 164, section 27) [7 July 1961] (G.N.A. 75 of 1961) Cap 164A reg 1 Citation PART I GENERAL These regulations may be cited as the Nurses (Registration and Disciplinary Procedure) Regulations. Cap 164A reg 2 Interpretation In these regulations, unless the context otherwise requires- "Committee" (小组) means the Preliminary Investigation Committee referred to in regulation 15; "defendant" (被告人) means the person to be charged at a disciplinary inquiry held in accordance with these regulations; "training school" (训练学校) means an establishment declared in accordance with regulation 9 to be a training school for nurses. Cap 164A reg 3 Contents of register PART II REGISTRATION OF NURSES (1) The register shall contain in respect of each nurse whose name is registered therein the particulars specified in the First Schedule. (2) The register shall be divided into the following parts- (a) Part I, which shall contain the names of all such nurses as are authorized by the provisions of the Ordinance and these regulations to practise general nursing; (b) Part II, which shall contain the names of all such nurses as are specially qualified in the nursing and care of persons suffering from mental diseases; (c) Part III, which shall contain the names of all such nurses as are specially qualified in the nursing and care of the mentally subnormal; and (L.N. 34 of 1970) (d) Part IV, which shall contain the names of all such nurses as are specially qualified in the nursing and care of sick children. Cap 164A reg 4 Application for registration (1) Every application for registration as a nurse shall be submitted in writing to the secretary and shall- (a) contain the following particulars- (i) name; (ii) age; (iii) address; (iv) whether married or single; (v) hospital or training school where trained; (vi) particulars of training; (vii) dates of previous applications to the Council, if any; and (L.N. 116 of 1999) (viii) the part or parts of the register in respect of which the application for registration is submitted; and(b) be accompanied by- (i) a testimonial as to character preferably by a resident of standing in Hong Kong; (67 of 1985 s. 16) (ii) a certificate or diploma issued by a training school or, in the case of a person claiming qualification for registration under paragraph (d), (e), (f) or (g) of subsection (1) of section 8 of the Ordinance, by the appropriate authorizing body; (iii) passport or identification certificate; (iv) two unmounted copies of a photograph of the applicant taken not more than two years before the date of application for registration; and (v) the certificate of a registered medical practitioner, within the meaning of the Medical Registration Ordinance (Cap 161), certifying that the applicant is not suffering from any infectious disease, within the meaning of the Quarantine and Prevention of Disease Ordinance (Cap 141), such as to render him unfit, in such practitioner's opinion, to attend the sick.(2) Payment of the appropriate fee prescribed in the Second Schedule shall be a condition precedent to the registration of any name in the register. Cap 164A reg 5 Form of certificate of registration The certificate of registration shall be in accordance with Form 1 in the Third Schedule. Cap 164A reg 5A Form of practising certificate A practising certificate issued under section 10A of the Ordinance shall be in such form as the secretary determines. (34 of 1995 s. 31) Cap 164A reg 6 Fee for copy of certificate of registration The fee payable upon issue of a replacement copy of any certificate of registration or any practising certificate or of any certificate verifying such registration shall be the appropriate fee prescribed in the Second Schedule. (34 of 1995 s. 32; 9 of 2002 s. 4) Cap 164A reg 7 Fee for restoration of name to the register Where the name of any nurse is restored to any part of the register in accordance with the provisions of subsection (3) of section 21 of the Ordinance, there shall be paid to the secretary the appropriate fee prescribed in the Second Schedule as a condition precedent to the restoration to the register of the name of such nurse. Cap 164A reg 8 Notification of removal from or restoration of names to the register In the event of the removal or restoration after removal of the name of any nurse from any part of the register in accordance with section 17 of the Ordinance, notification of the fact shall forthwith be sent by the Director to the General Nursing Council for England and Wales, or to the General Nursing Council for Scotland, or to the Joint Nursing and Midwives Council for Northern Ireland, or to the An Bord Altranais, Ireland, as the case may be, if the Council is aware that such nurse is or was registered in England and Wales, Scotland, Northern Ireland or Eire in accordance with any relevant legislation for the time being in force in the country in question. (L.N. 116 of 1999) Cap 164A reg 9 Training schools for nurses PART III TRAINING OF NURSES (1) The Council may from time to time by notification in the Gazette declare any establishment in Hong Kong to be a training school for nurses in respect of all or any part of the training prescribed by these regulations. (2) No course of training carried out in Hong Kong shall be recognized by the Council for the purpose of the registration of any nurse unless such course has been carried out in one or more of the training schools. (67 of 1985 s. 16; L.N. 116 of 1999) Cap 164A reg 10 Minimum age for commencement of training No person shall be eligible to commence any course of training under these regulations unless he has attained the age of eighteen years. Cap 164A reg 11 Minimum educational standard for commencement of training No person shall be eligible to commence any course of training under these regulations unless- (a) he possesses a Hong Kong School Certificate or equivalent academic qualifications with grades or credits in such subjects as the Council may, from time to time, specify; or (b) he satisfies the Council that by reason of his training, professional experience, knowledge or skill he is a suitable person to commence a course of training under these regulations. (L.N. 34 of 1970; L.N. 418 of 1989; L.N. 116 of 1999) Cap 164A reg 12 Minimum training qualifications for examination No person shall be entitled to enter for any examination under these regulations unless he satisfies the Council- (L.N. 116 of 1999) (a) that he has undergone systematic instruction in each of the subjects prescribed for such examination; and (b) that he has completed, or is due to complete by the last day of the month in which such examination is to be held, a period of three years in the appropriate training school: Provided that this period may be reduced- (i) by at least one year in the case of a person whose name is already registered in some other part of the register; and (ii) by six months in the case of a person whose name is entered in the roll of enrolled nurses maintained in accordance with section 11 of the Ordinance. (L.N. 144 of 1972) (L.N. 34 of 1970) Cap 164A reg 13 General provisions as to examinations (1) 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 students from time to time studying nursing in the training schools. (2) 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. (3) (Repealed L.N. 7 of 2004) (4) 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. (5) 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 elapsed since the date upon which he last failed to pass such examination. (6) After the completion of any examination required by these regulations the Council shall cause each candidate therefor to be informed of his results. (L.N. 34 of 1970; L.N. 116 of 1999) Cap 164A reg 14 Entrance fees for examinations As a condition of entry to any examination there shall be paid to the secretary the appropriate fee prescribed in the Second Schedule. Cap 164A reg 14A Fees for requests for review of results of examinations The fee specified in item 4A of the Second Schedule shall be the prescribed fee for the purpose of section 8A(3) of the Ordinance. (L.N. 196 of 2002) Cap 164A reg 15 Preliminary Investigation Committee PART IV PROCEEDINGS PRELIMINARY TO EXERCISE OF DISCIPLINARY POWERS BY THE COUNCIL (L.N. 116 of 1999) (1) For the purpose of performing the functions conferred upon it by these regulations, there shall be established a committee to be known as the Preliminary Investigation Committee consisting of- (a) one member of the Council elected by the Council, who shall be the chairman of the Committee; and (b) two registered nurses who- (i) are not members of the Council; (ii) are ordinarily resident in Hong Kong; (iii) are nominated by the Hong Kong Nurses Association ; and (iv) are appointed by the chairman. (5 of 1988 s. 6(1))(2) Save as provided in paragraphs (3), (4), (5), (6) and (7), the members of the Committee shall 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. (3) If during the period of his office a member of the Committee appointed under sub-paragraph (b) of paragraph (1) becomes a member of the Council he shall cease to be a member of the Committee. (4) Where for any reason a person elected or appointed to the 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(1)) (5) If the person who is unable temporarily to exercise his functions as a member of the Committee was elected to the Committee under sub-paragraph (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. (6) If the person who is unable temporarily to exercise his functions as a member of the Committee was appointed to the Committee under sub-paragraph (b) of paragraph (1) the person appointed to be temporarily a member of the Committee shall be a registered nurse who- (a) is not a member of the Council; (b) is ordinarily resident in Hong Kong; (c) is nominated by the Hong Kong Nurses Association; and (d) is appointed by the chairman. (5 of 1988 s. 6(1))(7) If- (a) at the time the membership of any person elected or appointed to be a member of the Committee under paragraph (1) terminates by virtue of paragraph (2) or (3); or (b) at the time the membership of any person elected or appointed to be temporarily a member of the Committee under paragraph (4), (5) or (6) terminates,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. (8) A person elected or appointed to be a member of the 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(1)) (9) No member of the Committee shall 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. (10) 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. (L.N. 34 of 1970; L.N. 116 of 1999) Cap 164A reg 16 Submission of complaint or information Where a complaint is made to or information is received by the secretary that a registered nurse- (a) has been convicted in Hong Kong or elsewhere of any offence punishable with imprisonment; (b) has been guilty of unprofessional conduct; (c) has obtained registration by fraud or misrepresentation; or (d) was not at the time of his registration entitled to be registered, the secretary shall submit the complaint or information to the chairman of the Committee. (L.N. 34 of 1970) Cap 164A reg 17 Complaint or information touching conduct (1) Where, in a complaint or information submitted by the secretary to the chairman of the Committee under regulation 16, any allegation is made which in the opinion of the chairman of the Committee gives rise to a question whether a registered nurse has been 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. (2) Each statutory declaration referred to in paragraph (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; and (c) (Repealed 34 of 1995 s. 33) (L.N. 34 of 1970) Cap 164A reg 18 Reference of the complaint or information to the Committee (1) Where a complaint or information is submitted to the chairman of the 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. (2) 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- (a) notify the defendant of the receipt of the complaint or information; (b) inform him of the substance thereof; (c) forward to him a copy of any statutory declaration furnished under paragraph (1) of regulation 17; (d) inform him of the date upon which the Committee is due to meet for the purpose of considering the complaint or information; and (e) 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. (L.N. 34 of 1970) Cap 164A reg 19 Consideration of complaint or information by the Committee (1) At the meeting at which the complaint or information is considered by the 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. (2) 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- (a) that no inquiry shall be held; or (b) that the complaint or information shall in whole or in part be referred to the Council for inquiry. (L.N. 116 of 1999)(3) 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. (L.N. 34 of 1970) Cap 164A reg 20 Determination by Committee that no inquiry be held If the Committee determines that no inquiry shall be held, the secretary shall inform the complainant, if any, and the defendant of the decision of the Committee and no inquiry shall be held. Cap 164A reg 21 Determination by Committee that inquiry be held (1) If the 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 in accordance with Form 2 in the Third Schedule together with a copy of these regulations: Provided that no notice of inquiry shall be issued without prior reference thereof to the legal adviser. (2) Every notice of inquiry shall- (a) specify, in the form of one or more charges, the matters into which inquiry is to be made; and (b) state the date, time and place at which the inquiry is to be held. (3) 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. (4) 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. (5) Within the time stipulated for service of the notice of inquiry, the secretary shall send a copy of such notice to any complainant. Cap 164A reg 22 Adjournment of inquiry The chairman may adjourn any inquiry to such date as he thinks fit: Provided that notice of any such adjournment shall be given to the defendant and to any complainant. Cap 164A reg 23 Reference back to Committee (1) Where, after a complaint or information has been referred 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. 116 of 1999) (2) 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. Cap 164A reg 24 Documents to be furnished to the Council The defendant and any complainant shall furnish to the secretary, not later than ten days before the date of an inquiry or such lesser period as the Council may determine, two copies of all documents upon which he intends to rely at the hearing of such inquiry. (L.N. 116 of 1999) Cap 164A reg 25 Documents to be available to the parties The secretary, at the request of the defendant, or of any complainant, and upon payment of his reasonable charges therefor, if any, shall send for the purposes of the inquiry to the defendant or to such complainant, as the case may be, copies of any document submitted to him by the other party to the proceedings. Cap 164A reg 26 Notice to produce Any party to an inquiry may at any time after service of notice of the inquiry give to any other party thereto notice to produce any document alleged to be in the possession of that party and relevant to the subject matter of the inquiry and, on failure to produce such document, may prove the contents thereof by other evidence given at the inquiry. Cap 164A reg 27 Amendment of notice of inquiry (1) 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. (2) 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. (L.N. 116 of 1999) Cap 164A reg 28 Record of proceedings PART V PROCEEDINGS AT A HEARING BY THE COUNCIL (L.N. 116 of 1999) (1) A shorthand writer may be appointed by the Council for the purpose of any inquiry. (L.N. 116 of 1999) (2) 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 $73 for each folio of 72 words or part thereof, shall furnish such party with a copy of such record. (L.N. 128 of 1992) Cap 164A reg 29 Opening of inquiry (1) At the opening of any inquiry the secretary shall read the notice of inquiry to all persons being present at the inquiry. (2) 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. (3) 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. (L.N. 116 of 1999) Cap 164A reg 30 Objections on point of law (1) 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. (2) 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. 116 of 1999) Cap 164A reg 31 Order of procedure The following order of procedure shall be observed- (a) the complainant, or his representative, or in their absence, or if there be 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 chairman, the Secretary for Justice may appoint a legal officer within the meaning of the Legal Officers Ordinance (Cap 87), other than the legal adviser, to carry out the duties of the secretary in respect of that inquiry in the absence of a complainant or his representative; (5 of 1988 s. 6; L.N. 362 of 1997)(b) at the conclusion of the presentation of the case against the defendant, the defendant or his representative may make either or both of the following submissions in relation to any charge- (i) that no or insufficient evidence has been adduced upon which the Council can find that the facts alleged in that charge have been proved; (ii) that the facts alleged in the charge are not such as to constitute the offence charged;(c) where a submission referred to in paragraph (b) is made, a reply thereto may be made by the complainant or by his representative or, in their absence, by the secretary; and the defendant may make answer to such reply; (d) where a submission is made under paragraph (b), the Council shall consider and determine whether the submission shall be upheld and- (i) the chairman shall announce the determination of the Council, and (ii) if the Council upholds the submission in respect of any charge, the finding shall be recorded that the defendant is not guilty of that charge, and (iii) if the Council rejects the submission the chairman shall call upon the defendant to state his case;(e) the defendant, or his representative, may then adduce evidence in support of his case and may address the Council: Provided that, except with the leave of the Council, only one address may be made under this paragraph, 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;(f) at the conclusion of the case for the defendant, the complainant or his representative or, in their absence, the secretary, may address the Council in reply but only if evidence by or on behalf of the defendant, other than the defendant's own evidence, has been adduced; or with the leave of the Council. (L.N. 116 of 1999) Cap 164A reg 32 Postponement of judgment (1) At the conclusion of the proceedings the Council shall consider and determine whether to postpone judgment. (2) 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. (3) 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. (4) 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. (L.N. 116 of 1999) Cap 164A reg 33 Notice of determination of judgment (1) 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. (2) If there is a complainant in respect of the charge, a copy of the notice shall be sent to such complainant. (3) 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. (L.N. 116 of 1999) Cap 164A reg 34 Postponement of sentence (1) 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. (2) 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. (L.N. 116 of 1999) Cap 164A reg 35 Matters in mitigation of sentence (1) At any meeting of the Council at which sentence on a defendant is to be decided, before the Council shall decide such sentence- (a) 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 17 of the Ordinance; and (b) the chairman shall ask the defendant whether he wishes to address the Council in respect of such order. (L.N. 34 of 1970)(2) 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 circumstances leading to the commission of offence and to any previous offences and as to the character and antecedents of the defendant. (L.N. 34 of 1970) (3) 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. (4) 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. (L.N. 116 of 1999) Cap 164A reg 36 Notice of postponement of sentence (1) 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. 116 of 1999) (2) If there is a complainant in respect of the charge in question, a copy of the notice shall be sent to such complainant. Cap 164A reg 37 Evidence (1) Evidence may be taken by the Council by oral statement on oath or by written deposition or statement. (2) A summons to any person requiring him to attend an inquiry to give evidence or to produce any document or other thing in his possession or control in accordance with the provisions of section 18 of the Ordinance may be in accordance with Form 3 in the Third Schedule. (3) 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. (4) 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. (5) 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, the legal adviser may put such questions. (L.N. 116 of 1999) Cap 164A reg 38 Voting (1) 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. (2) 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. (3) No person other than a member of the Council, the secretary and the legal adviser shall be present when the members of the Council vote on any matter. (L.N. 116 of 1999) Cap 164A reg 39 Attendance at disciplinary inquiries PART VI DUTIES OF LEGAL ADVISER The legal adviser shall be present at every inquiry held by the Council under section 9 or 17 of the Ordinance and no such inquiry shall be deemed valid if the legal adviser is not present throughout the proceedings. (L.N. 116 of 1999) Cap 164A reg 40 Advice by legal adviser at disciplinary inquiries (1) When the 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 under section 9 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. (2) 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. (L.N. 116 of 1999) Cap 164A reg 41 Attendance of legal adviser at ordinary meetings of the Council Without prejudice to anything contained in regulation 39, the legal adviser shall not be required to attend meetings of the Council unless notified by the secretary in advance of any meeting that his presence is likely to be specifically required thereat. (L.N. 116 of 1999) Cap 164A Sched 1 PARTICULARS TO BE ENTERED IN THE REGISTER [regulation 3] (a) Registered number in the register. (b) Full name including in the case of a married woman her maiden name. (c) Address at which notices from the Council may be served. (L.N. 116 of 1999) (d) Date of registration. (e) Particulars of training and qualifications. Cap 164A Sched 2 FEES [regulations 4, 6, 7, 14 & 14A] (L.N. 196 of 2002) Item Particular Fee $ 1. For registration in any part of the register- (a) Person qualified in Hong Kong ........................................................ 360 (b) Person qualified elsewhere .............................................................. 1035 1A. For practising certificate (34 of 1995 s. 34) ........................................... 200 2. For replacement copy of certificate of registration or practising certificate ............ 175 3. For restoration of name to any part of register .......................................... 245 4. Entrance fees for examination- (a) Any examination .............................................................................. 620 (b) Any re-examination .......................................................................... 620 4A. For request for review of result of examination (L.N. 196 of 2002) ........... 425 5. For certificate verifying registration ....................................................... 170 (L.N. 191 of 1989; L.N. 610 of 1994; 34 of 1995 s. 34; L.N. 13 of 1997; L.N. 317 of 2000; 9 of 2002 s. 4) Cap 164A Sched 3 FORM 1 [regulation 5] Certificate of Registration NURSING COUNCIL OF HONG KONG NURSES REGISTRATION ORDINANCE (Chapter 164) Reg. No. ........................ Date .............................. I hereby certify that ...................................................................................................... was admitted by examination on ............................................................................................ to the ...................... Part of the Register maintained by the Nursing Council of Hong Kong and she/he is entitled in pursuance of the Nurses Registration Ordinance to take and use the title of "Registered Nurse". Photo. .................................................................... Chairman of the Council. (L.N. 116 of 1999) ____________ FORM 2 [regulation 21] NURSES REGISTRATION ORDINANCE (Chapter 164) NURSES (REGISTRATION AND DISCIPLINARY PROCEDURE) REGULATIONS Notice of Inquiry Sir/Madam. On behalf of the Nursing Council of Hong Kong notice is hereby given to you in consequence of (1) ............................................................................... that an inquiry is to be held into the following charge(s) against you- That you were on the .............................. day of ..................................., 19 ........ at (2) ............................................................................................... convicted of (3) ............................................................................................. orThat you (4) ........................................................................................... and that in relation to the facts alleged you have been guilty of unprofessional conduct. or That you (4) ........................................................................................... and that in relation to the facts alleged you obtained registration by fraud or misrepresentation. or That you (4) ........................................................................................... and that in relation to the facts alleged you were not at the time of your registration qualified to be registered. (Where there is more than one charge, the charges are to be numbered consecutively). Notice is further given to you that (day of the week) the ........................... day of ..................., 19....... , a meeting of the Nursing Council of Hong Kong will be held at ................................................................................................. at ............ a.m./p.m. to consider the above-mentioned charge(s) against you, and to determine whether or not the Nursing Council of Hong Kong should take any action against you under subsection .................. of section ..................... of the Nurses Registration Ordinance. You are hereby invited to answer in writing the above-mentioned charge(s) and also to appear before the Council at the place and time specified above, for the purpose of answering it/them. You may appear in person or by counsel or solicitor or you may be represented by a friend. The Council has power, if you do not appear, to hear and decide upon the said charge(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) before the hearing of the said charge(s) by the Council should be addressed to the Secretary of the Council. 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 Council. A copy of the Nurses (Registration and Disciplinary Procedure) Regulations is sent herewith for your information. I have the honour to be, Sir/Madam, Your obedient servant, ......................................................... Secretary of the Council. (if the charge relates to conviction). (if the charge relates to conduct). (if the charge relates to obtaining registration by fraud or mis- representation). (if the charge alleges that the registered nurse was not qualified, at the time of his registration, to be registered). Note: (1) A complaint made against you to the Council orInformation received by the Council.(2) Specify court recording the conviction. (3) Set out particulars of the conviction in sufficient detail to identify the case. (4) Set out briefly the facts alleged. (L.N. 116 of 1999) ___________ FORM 3 [regulation 37] NURSES REGISTRATION ORDINANCE (Chapter 164) NURSES (REGISTRATION AND DISCIPLINARY PROCEDURE) REGULATIONS Summons to Witness In the matter of an Inquiry under section ............... of the Nurses Registration Ordinance. And in the matter of (1) ................................................................................................ To (2) .................................................................................................................................. You are hereby summoned to appear before the Nursing Council of Hong Kong at ........... upon the ............ day of ............................................................................ 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......... ............................................................ Secretary of the Council. Note: (1) Insert name of registered nurse or other person concerned. (2) Insert name and address of witness. (3) Delete if not required. (4) Specify the books, documents or other things to be produced. (L.N. 116 of 1999)
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