To amend the law relating to dentists by making more comprehensive provisions. [1 October 1959] G.N.A. 60 of 1959 (Originally 29 of 1959) Cap 156 s 1 Short title This Ordinance may be cited as the Dentists Registration Ordinance. Cap 156 s 2 Interpretation (1) In this Ordinance, unless the context otherwise requires- "certificate of registration" (注册证明书) means a certificate of registration or a duplicate certificate of registration issued under section 10; "Chairman" (主席) means the chairman of the Council established under section 4 and includes any person elected to act as Chairman under section 4(5C); (Added 12 of 1968 s. 2. Amended 4 of 1988 s. 2) "complainant" means any person from whom a complaint against, or information in respect of a registered dentist or an applicant for registration has been received by the Secretary in accordance with regulations made under section 29; (Added 12 of 1968 s. 2) "Council" (申诉人) means the Dental Council of Hong Kong established under section 4; "dangerous drugs" (危险药物) means any drug to which the Dangerous Drugs Ordinance (Cap 134) applies; "due inquiry" (适当的研讯) means an inquiry by the Council conducted substantially in accordance with the procedure provided by regulations made under section 29(1C)(d)(v); (Amended 12 of 1968 s. 2; 80 of 1997 s. 5) "Legal Adviser" (法律顾问) means the person appointed to be Legal Adviser to the Council under section 4; (Added 12 of 1968 s. 2) "Licensing Examination" (许可试) means the examination set by the Council under section 4A; (Added 34 of 1995 s. 2) "Medical Council" (医务委员会) means the Medical Council of Hong Kong established under section 3 of the Medical Registration Ordinance (Cap 161); "practising certificate" (执业证明书) means a certificate issued under section 11A; (Added 49 of 1977 s. 2) "prescribed" (订明) means provided by regulations made under section 29; "register" (注册牙医名册) means the register of dentists kept in accordance with section 7; "registered" (注册) means admitted to the register in accordance with section 9; "registered address" (注册地址) means the address appearing upon the certificate of registration issued under section 10; "registered dentist" (注册牙医) means a person whose name appears for the time being on the register; "Registrar" (注册主任) means the Registrar of Dentists as provided for under section 6; "repealed Ordinance" (已废除条例) means the Dentists Registration Ordinance 1940 (1 of 1940 see Cap 156 1950 Ed.); "Secretary" (秘书) means the Secretary of the Council appointed under section 4. (Added 12 of 1968 s. 2) (2) A person shall be deemed to practise dentistry within the meaning of this Ordinance, who, for the sake of gain or otherwise, holds himself out, whether directly or by implication, as practising or being prepared to practise dentistry, or treats or attempts to treat or professes to treat, cure, relieve or prevent lesions or pain of the human teeth or jaws; or performs or attempts to perform any operation thereon, or inserts or attempts to insert any artificial teeth or appliances for the restoration, regulation or improvement of the teeth or accessory structures. Cap 156 s 3 Dentists to be registered (1) Subject to the provisions of any regulations made under section 29(1A)(d), any person, not being a registered dentist, who- (Amended 80 of 1997 s. 6) (a) practises dentistry within Hong Kong commits an offence and is liable- (i) on summary conviction to a fine at level 6 and to imprisonment for 3 years; or (Amended 80 of 1997 s. 89) (ii) on conviction upon indictment to imprisonment for 5 years; or (Amended 80 of 1997 s. 89) (b) practises dentistry on a person within Hong Kong which results in personal injury to that person commits an offence and is liable- (i) on summary conviction to a fine of $200000 and to imprisonment for 3 years; or (Amended 80 of 1997 s. 89) (ii) on conviction upon indictment to imprisonment for 7 years. (Amended 12 of 1968 s. 3; 79 of 1984 s. 7; 68 of 1986 s. 9; 80 of 1997 s. 89) (2) Nothing in this section shall operate to prevent the extraction of teeth for the relief of pain, or the application of remedies for such purposes, by a medical practitioner registered under the Medical Registration Ordinance (Cap 161). (3) For the purposes of this section a person who fraudulently procures himself to be registered under this Ordinance shall be deemed not to have been so registered. (Added 68 of 1986 s. 9) Cap 156 s 4 Establishment and composition of Dental Council (1) There shall be established within Hong Kong a council to be called the Dental Council of Hong Kong. (Amended 79 of 1984 s. 2) (2) The Council shall consist of- (a) the Registrar; (Replaced 4 of 1988 s. 3) (b) a consultant dental surgeon of the Dental Service of the Department of Health appointed by the Chief Executive; (Replaced 4 of 1988 s. 3. Amended L.N. 76 of 1989) (ba) a registered dentist, who is a full-time member of the teaching staff of the Faculty of Dentistry of the University of Hong Kong, nominated by the University of Hong Kong and appointed by the Chief Executive; (Added 79 of 1984 s. 2) (c) 2 medical practitioners appointed by the Chief Executive; (Amended 4 of 1988 s. 3) (d) 6 registered dentists qualified to be registered under section 8 and appointed by the Chief Executive- (Amended 62 of 1987 s. 2; 4 of 1988 s. 3; 9 of 2002 s. 2) (i) from a panel of not less than 12 such registered dentists nominated by the Hong Kong Dental Association; or (ii) in the event of the Hong Kong Dental Association failing to nominate at least 12 such registered dentists, at the discretion of the Chief Executive; (Replaced 49 of 1977 s. 3. Amended 79 of 1984 s. 2; 4 of 1988 s. 3) (e) one lay member who shall be appointed by the Chief Executive. (Added 4 of 1988 s. 3. Amended 37 of 2000 s. 3)(3) The term of a member of the Council appointed under subsection (2)(c), (d) or (e) is 3 years, or such lesser period as the Chief Executive may determine at the time of appointment, and the member is eligible for reappointment on the expiry of the term. (Replaced 9 of 2002 s. 2) (4) If the place of a member of the Council appointed under subsection (2)(c), (d) or (e) becomes vacant before the expiration of his term of office, the vacancy may be filled by appointment by the Chief Executive, and any person so appointed shall hold office so long only as the member in whose place he is appointed would have held office. (Amended 4 of 1988 s. 3; 37 of 2000 s. 3) (5) The Chairman of the Council shall- (a) be elected by the members from amongst themselves; (b) subject to subsection (5D), hold office for 3 years or until he ceases to hold office as a member, whichever is the earlier; and (c) be eligible for re-election. (Replaced 4 of 1988 s. 3) (5A) If the office of Chairman becomes vacant due to effluxion of time, or as a result of resignation or otherwise, the Secretary shall convene a meeting of the Council within 3 months of the occurrence of such vacancy for the purpose of electing a Chairman. (Added 4 of 1988 s. 3) (5B) The Secretary shall preside at a meeting held under subsection (5A) until the Chairman is elected and assumes office, but he shall not have an original or a casting vote. (Added 4 of 1988 s. 3) (5C) If the Chairman is unable to perform the functions of his office for any period due to absence from Hong Kong or any other reason, the members of the Council shall at a meeting of the Council elect one of themselves to act in his place for the duration of that period and notwithstanding any provision in this Ordinance the Secretary may, where necessary, convene a meeting for the purpose of such election. (Added 4 of 1988 s. 3) (5D) The Chairman may at any time resign his office by giving notice in writing to the Secretary. (Added 4 of 1988 s. 3) (6) There shall be a Secretary of the Council and a Legal Adviser to the Council who shall be appointed by the Chief Executive. (Amended 37 of 2000 s. 3) Cap 156 s 4A Council to set Licensing Examination (1) The Council shall set an examination, called the Licensing Examination, the passing of which qualifies a person to be registered under section 8. (2) The Council may impose such conditions as it thinks fit, being conditions which are relevant to the assessment or improvement of a person's professional knowledge in dentistry, which a person must comply with before the Council allows him to sit the Licensing Examination or any part thereof. (3) The Council may prohibit a person from sitting the Licensing Examination if the person has sat any one part of the Licensing Examination 5 times and has failed each time. (Amended 9 of 2002 s. 2) (4) (Repealed 9 of 2002 s. 2) (Added 34 of 1995 s. 3) Cap 156 s 5 Meetings of the Council (1) The Council shall meet at such times and such places as the Chairman may appoint, and the Council shall also meet at the request in writing of at least 4 members, addressed to the Chairman. (Amended 4 of 1988 s. 4) (2) At any meeting of the Council 4 members, including not less than 1 member appointed under section 4(2)(d), shall be a quorum. (3) The validity of any proceedings of the Council shall not be affected by any vacancy among the members thereof or by any defect in the appointment of a member thereof. (4) All questions coming or arising before a meeting of the Council shall be decided by a majority of the members of the Council present and voting thereon. (5) The Chairman at any meeting of the Council shall have an original vote and also, if upon any question the votes shall be equally divided, a casting vote except in an inquiry under section 9 or 18 at which he shall have only an original vote. (Amended 4 of 1988 s. 4) Cap 156 s 5A Transaction of business by circulation of papers The Council may transact any of its business, other than an inquiry under section 9 or 18, by circulation of papers, and a resolution in writing which is approved in writing by all the members present in Hong Kong at the time the resolution was circulated (being not less than the number required to constitute a majority of the members of the Council) shall be as valid and effectual as if it had been passed at a meeting of the Council by the votes of the members so approving the resolution. (Added 80 of 1997 s. 90) Cap 156 s 6 Registrar of Dentists (1) For the purposes of this Ordinance, there shall be a Registrar of Dentists, who shall perform such duties in connection with the register of dentists as may be prescribed. (2) The consultant dental surgeon in charge of the Dental Service of the Department of Health shall be the Registrar. (Amended 4 of 1988 s. 5; L.N. 76 of 1989) Cap 156 s 7 Keeping of register (1) The Registrar shall cause a register of dentists to be kept in the form prescribed and he shall be responsible for the maintenance and custody thereof. (2) In respect of any person who is registered by virtue of having been registered under the repealed Ordinance, the register shall indicate the paragraph of section 7* of the repealed Ordinance under which such person was first registered. (Amended 34 of 1995 s. 4) ________________________________________________________________________________ Note: * As amended by 24 of 1950 Schedule and 55 of 1955 s. 4 Cap 156 s 8 Persons who are qualified to be registered (1) Only a person who- (Amended 9 of 2002 s. 2) (a) has passed the Licensing Examination and has complied with the conditions, if any, imposed by the Council under section 4A(2); (b) has been awarded a bachelor degree in dentistry by a university in Hong Kong specified in the Schedule; or (Replaced 9 of 2002 s. 2) (c) was at any time registered before the commencement of section 5 of the Medical and Related Professionals (Registration) (Miscellaneous Amendments) Ordinance 1995 (34 of 1995), is qualified to be registered under this Ordinance. (2) The Council may, with the prior approval of the Legislative Council, amend the Schedule by notice published in the Gazette. (Added 9 of 2002 s. 2) (Replaced 34 of 1995 s. 5) Cap 156 s 9 Application for registration (1) Any person qualified to be registered may apply to the Registrar for registration. Every such application shall be made in such manner and shall be accompanied by such documents, photographs and particulars as may be prescribed. (2) Where such person has complied with the provisions of subsection (1) and with any regulations relating thereto, and has paid the prescribed fee, he shall, subject to the provisions of subsection (3), be admitted by the Council to the register. (3) If, after due inquiry, the Council is satisfied that any applicant for registration- (a) has been convicted in Hong Kong or elsewhere of any offence punishable with imprisonment; or (b) has been guilty of unprofessional conduct; or (c) is the subject of an existing order made under section 17(1)(i) or (ii)* of the repealed Ordinance, the Council may, in its discretion, order that the name of the applicant be not entered upon the register. (4) Such of the provisions of section 18 as are capable of application to an inquiry held for the purposes of this section shall apply to such inquiry, and any such provision may be construed with such modifications not affecting the substance as may be necessary to render it conveniently applicable. ________________________________________________________________________________ Note: * As amended by 55 of 1955 s. 8. Cap 156 s 10 Certificate of registration (1) When a person has been registered, the Council shall issue to him a certificate of registration in such form as may be prescribed. (2) A registered dentist who requires a certified copy of his certificate of registration in order to comply with the provisions of section 14(1) shall apply in writing to the Registrar enclosing one passport size photograph and stating the address of the premises at which he proposes to practise, and the Registrar may thereupon issue to the registered dentist a certified copy of his certificate of registration. (3) (a) The registered address appearing upon the certificate of registration shall be the principal address at which the registered dentist carries on his practice; (b) every registered dentist shall report to the Registrar every address at which he carries on the practice of dentistry for gain; (c) every registered dentist shall report to the Registrar any change of his registered address or the change of any other address at which he carries on the practice of dentistry for gain within 2 months of such change; (d) upon a report of any change of a registered address being made to the Registrar in accordance with paragraph (c) the Registrar shall cause the registered address upon the certificate of registration or upon any certified copy thereof or upon both such certificate of registration and upon such certified copy thereof as the case may be to be amended accordingly; (e) any registered dentist who fails to make a report in accordance with paragraph (b) or (c) commits an offence and is liable on summary conviction to a fine of $500. (Amended 68 of 1986 s. 10) (4) If a certificate of registration has been lost, destroyed or defaced, the registered dentist may apply in writing to the Registrar to issue to him a duplicate certificate of registration and the Registrar upon being satisfied as to such loss, destruction or defacement, shall issue to the registered dentist a duplicate certificate of registration in the same form as is prescribed for a certificate of registration, marked on the face thereof with the word "duplicate". (5) If it appears to the Registrar that a certificate of registration or a certified copy of a certificate of registration is defaced or that the photograph thereon is not a reasonable likeness of the registered dentist to whom the certificate of registration relates the Registrar by notice in writing may require the registered dentist to lodge his certificate of registration or certified copy, as the case may be, with the Registrar and to apply for the issue of a duplicate certificate of registration or of another certified copy, and any registered dentist who on being so required fails to do so within 7 days of the service of such notice commits an offence and is liable on summary conviction to a fine of $100. (Amended 68 of 1986 s. 10) Cap 156 s 11 Privileges of registered dentists (1) Subject to section 11A(7), every registered dentist shall be entitled to recover in due course of law reasonable charges for professional aid, advice and visits and the value of any medicine or any dental or medical appliances rendered, made or supplied by him to his patients. (Amended 49 of 1977 s. 5) (2) No person shall be entitled to recover in any court any such charges as are referred to in subsection (1) unless at the date when such charges accrued he was a registered dentist. Cap 156 s 11A Person not to practise without practising certificate (1) Subject to this section, a person to whom this section applies shall not practise as a dentist in Hong Kong, unless he is the holder of a practising certificate which is then in force. (Amended 62 of 1987 s. 4) (2) Subject to the payment of the prescribed fee for the issue of a practising certificate, the Secretary, on application made to him for that purpose by a person to whom this section applies, shall issue to him a certificate to the effect that he is, subject to any conditions and restrictions specified in the certificate,- (a) entitled to practise dentistry in Hong Kong; or (b) in the case of a person deemed to be a registered dentist under section 30(3)(a), entitled to practise dentistry for the purpose of teaching or performing hospital work in the Faculty of Dentistry of the University of Hong Kong. (Amended 62 of 1987 s. 4) (3) Where a practising certificate is issued pursuant to an application made during the course of a year in respect of that year, the certificate shall, subject to subsection (5), be in force from the time of its issue until the end of that year. (4) Where a practising certificate is issued pursuant to an application made during the course of a year in respect of the following year, the certificate shall, subject to subsection (5), be in force for a period of 12 months commencing on 1 January in that following year. (5) If at any time during the currency of a practising certificate issued under this section, the holder of the certificate ceases to be registered, the certificate shall thereupon be deemed to be cancelled. (6) Any person who is required under this section to be the holder of a practising certificate under this section shall be deemed to have obtained the certificate when he has duly applied to the Secretary and paid the prescribed fee for the issue of the practising certificate. (7) Notwithstanding section 11(1) a person who is required under this section to be the holder of a practising certificate shall not be entitled to recover any fees, costs or other remuneration on any cause of action unless he was, at the time when the cause of action arose, the holder of a valid practising certificate. (8) This section applies to- (a) any person whose name appears on the register; and (b) any person deemed to be a registered dentist by virtue of section 30(3)(a). (Replaced 62 of 1987 s. 4) (Added 49 of 1977 s. 6) Cap 156 s 11B Recovery of practising fees (1) If any person to whom section 11A applies contravenes subsection (1) of that section, the amount of the prescribed fee payable by him under subsection (2) of that section shall be recoverable as a civil debt. (2) In any proceedings under this section a certificate purporting to be under the hand of the Secretary to the effect that the person concerned had not paid the prescribed fee for the issue of a practising certificate shall, until the contrary is proved, be evidence of non-payment of the fee. (3) On recovery of a prescribed fee under this section the Secretary shall, if the name of the person concerned appears on the register or if he is deemed to be a registered dentist under section 30(3)(a), issue to him an appropriate practising certificate. (Replaced 62 of 1987 s. 5) (Added 49 of 1977 s. 6. Amended 62 of 1987 s. 5) Cap 156 s 12 Dental companies Remarks: Adaptation amendments retroactively made - see 37 of 2000 s. 3 (1) A body corporate may carry on the business of dentistry if- (a) it carries on no business other than dentistry or some business ancillary to the business of dentistry; and (b) a majority of the directors and all persons practising dentistry are registered dentists: Provided that a body corporate which was carrying on the business of dentistry before the date of commencement of this Ordinance shall not be disqualified from carrying on the business of dentistry under this section by reason only that it carries on some business other than dentistry or a business ancillary to that business, if that other business is a business which the body was lawfully entitled at the date of coming into operation of this Ordinance to carry on. (2) Save as aforesaid it shall not be lawful for any body corporate to carry on the business of dentistry, and any body corporate which carries on the business of dentistry in contravention of the provisions of this section and every director and manager thereof, subject to subsection (2A), commits an offence and is liable on summary conviction to a fine of $2000 for each offence. (Amended 68 of 1986 s. 11) (2A) Where a person is charged with an offence under subsection (2) by reason of being a director or manager, it shall be a defence for him to prove that the offence alleged to be committed by the body corporate was committed without his knowledge. (Added 68 of 1986 s. 11) (3) Every body corporate carrying on the business of dentistry shall within 7 days of 1 January in every year transmit to the Registrar a statement in the prescribed form containing the names and addresses of all persons who are directors or managers of the company, or who perform dental operations in connection with the business of the company, and, if any such body corporate fails so to do, it shall be deemed to be carrying on the business of dentistry in contravention of the provisions of this section. (4) Nothing in this section shall prevent the carrying on of the business of dentistry by the operating staff of any hospital of any description (including an institution for out-patients only), or of any dental school, which is approved for the purposes of this section by the Chief Executive in Council. (Amended 37 of 2000 s. 3) Cap 156 s 13 Publication of register and evidence of registration (1) As soon as may be after 1 January of every year, the Registrar shall prepare and publish in the Gazette a list of the names, registered addresses, qualifications and dates of the qualifications of all persons whose names appear on the register on 1 January immediately preceding the publication of the list in the Gazette. (2) As soon as may be after 1 July of every year, the Registrar shall prepare and publish in the Gazette a list of the names, registered addresses, qualifications and dates of the qualifications of all persons whose names were added to the register between 1 January and 1 July of such year. (3) The publication of a list referred to in subsection (1) or (2) shall be prima facie evidence that each person named in such list is registered. (4) The absence of the name of any person from the list last published under subsection (1) and from any list subsequently published under subsection (2) shall be prima facie evidence that such person is not registered. (5) A certificate under the hand of the Registrar that the name of a person has been entered on or removed from the register shall be conclusive evidence that a person is or is not registered as the case may be. Cap 156 s 14 Exhibition of certificate of registration (1) Every registered dentist shall cause to be exhibited in a conspicuous place in any premises in which he practises dentistry for gain the certificate of registration issued to him under subsection (1) of section 10 or a certified copy of such certificate issued under subsection (2) of that section and any registered dentist who fails to comply with the provisions of this section commits an offence and is liable on summary conviction to a fine of $1000 and, in the case of a continued non-compliance, to a fine of $50 for every day during which such non-compliance continues. (2) Any person who displays or causes or permits to be displayed in any premises a certificate of registration or a certified copy of a certificate of registration bearing his name or photograph at any time when his name does not appear on the register commits an offence and is liable on summary conviction to a fine of $1000. (Amended 68 of 1986 s. 12) Cap 156 s 15 Correction of register (1) The Registrar shall from time to time insert in the register any alteration or addition which may come to his knowledge in the name, addresses or qualifications of any person registered. (2) The Registrar shall make such amendments to the register as are made necessary by any decision of the Council. (3) The Council may order the removal from the register of the name of any person who- (a) is deceased; or (b) is not practising dentistry in Hong Kong; or (Amended 79 of 1984 s. 7) (ba) being a person required to be the holder of a practising certificate, has practised dentistry in Hong Kong for a period exceeding 6 months without having obtained such a certificate; or (Added 49 of 1977 s. 7) (c) has not supplied to the Registrar an address in Hong Kong at which all notices from the Council may be served on him: (Amended 79 of 1984 s. 7) Provided that any person failing to acknowledge within 12 months of the date of dispatch the receipt of a registered letter or telegram addressed to him at the last address supplied by him to the Registrar shall be deemed not to have supplied the Registrar with an address under this paragraph. Cap 156 s 16 Inspection of premises used for the practice of dentistry (1) It shall be lawful for any public officer thereunto authorized by the Council to enter and inspect any premises used or proposed to be used for the practice of dentistry. Such officer shall produce, on demand, a written authority, signed by the Chairman or the Secretary authorizing such entry and inspection. (Amended 4 of 1988 s. 6; L.N. 126 of 1995) (2) Any person wilfully obstructing or resisting an officer duly authorized by the Council in the inspection of premises used or proposed to be used for the practice of dentistry commits an offence and is liable on summary conviction to a fine of $500. (Amended 68 of 1986 s. 13) Cap 156 s 17 Premises unsuitable for the practice of dentistry No registered dentist shall practise dentistry in premises or under conditions which are unsuitable for such practice. Cap 156 s 18 Disciplinary inquiries by the Council (1) If, after due inquiry into any case referred to it by the Preliminary Investigation Committee in accordance with regulations made under section 29, the Council is satisfied that any registered dentist- (Amended 12 of 1968 s. 4) (a) has been convicted in Hong Kong or elsewhere of any offence punishable with imprisonment; or (Amended 79 of 1984 s. 7) (b) has been guilty of unprofessional conduct; or (c) has obtained registration by fraud or misrepresentation; or (d) was not at the time of his registration qualified to be registered; or (e) has contravened the provisions of section 17, the Council may, in its discretion- (i) order the name of the registered dentist to be removed from the register; or (ii) order the name of the registered dentist to be removed from the register for such period as it may think fit; or (iii) order the registered dentist to be reprimanded; or (iv) make any other order as it thinks fit, but no such order shall be of greater severity than those in paragraphs (i) to (iii), (Replaced 16 of 1992 s. 2) and may, in any case, make such order as the Council thinks fit with regard to the payment of the costs of the Secretary, a complainant, a counsel or solicitor present at the inquiry and the registered dentist or any one or more of them, and any costs awarded may be recovered summarily as a civil debt in accordance with the Magistrates Ordinance (Cap 227). (Amended 49 of 1977 s. 8.) (1A) The Council may, in making any of the orders referred to in subsection (1)(i) to (iii), order that the operation of such order be suspended so that it shall not take effect unless, during a period or periods specified in the suspending order in aggregate not exceeding 2 years, a finding is made against the registered dentist under subsection (1)(a) to (e) or he is found by the Council to be in breach of any condition imposed by the Council at the time of making the suspending order. (Added 16 of 1992 s. 2) (2) For the purposes of subsection (1), "unprofessional conduct" (不专业行为) means an act or omission of a registered dentist which would be reasonably regarded as disgraceful or dishonourable by registered dentists of good repute and competency. (3) Nothing in this section shall be deemed to require the Council to inquire into the question whether the registered dentist was properly convicted but the Council may consider any record of the case in which such conviction was recorded and any other evidence which may be available and is relevant as showing the nature and gravity of the offence. (4) In any inquiry under this section as to whether a person has been guilty of unprofessional conduct, any finding of fact which is shown to have been made in any matrimonial proceedings in a court of the Commonwealth having unlimited jurisdiction in civil matters, or on appeal from a decision in such proceedings, shall be conclusive evidence of the fact found. (5) Within 1 month after the expiry of the time within which an appeal against an order made by the Council in accordance with the provisions of subsection (1) may be made to the Court of Appeal in accordance with the provisions of section 23, or if such appeal has been made, within 1 month after the decision of the Court of Appeal affirming or varying such order, the Council shall, in the case of an order made under subsection (1)(i) to (iii), and may, in the case of an order made under subsection (1)(iv), cause the order or the order as varied on appeal to be published in the Gazette. (Amended 16 of 1992 s. 2) (6) Where any order is published in the Gazette pursuant to subsection (5), the Council- (a) shall publish with the order- (i) sufficient particulars to acquaint the public with the nature of the matter to which the order relates; and (ii) where an order has been made under subsection (1A) suspending the operation of the order, details of the suspending order; and (b) may publish with the order an account of the proceedings at the inquiry at which the order was made. (Added 16 of 1992 s. 2) Cap 156 s 19 Powers of Council with regard to obtaining evidence and the conduct of proceedings (1) For the purposes of an inquiry under section 9 or 18, the Council shall have the following powers- (a) to hear, receive and examine evidence on oath; (b) to summon any person to attend the inquiry to give evidence or produce any document or other thing in his possession and to examine him as a witness or require him to produce any document or other thing in his possession, subject to all just exceptions; (c) to admit or exclude the public or any member of the public from the inquiry; (d) to admit or exclude the press from the inquiry; (e) to award any person summoned to attend the inquiry such sum or sums as in the opinion of the Council may have been reasonably expended by him by reason of his attendance. (2) Summonses to witnesses may be in the prescribed form and shall be signed by the Chairman. Cap 156 s 20 Penalty for failure to give evidence Any person who being summoned to attend as a witness or produce a book, document or any other thing at any inquiry under section 9 or 18 refuses or neglects to do so or to answer any question put to him by or with the concurrence of the Council commits an offence and is liable on summary conviction to a fine at level 3 and to imprisonment for 6 months: (Amended 68 of 1986 s. 14; 80 of 1997 s. 91) Provided that no person shall be bound to incriminate himself and every witness shall, in respect of any evidence given by him before the Council, be entitled to the same privileges to which he would be entitled if giving evidence before a court of justice. Cap 156 s 21 Appearance of counsel, etc. The complainant in any inquiry under section 9 or 18 and the person whose conduct is the subject of such inquiry shall be entitled to be represented by counsel or a solicitor throughout the inquiry. Cap 156 s 22 Provisions relating to orders of the Council (1) The Registrar shall cause a copy of any order made under section 9(3) or 18(1) to be served forthwith upon the person concerned, either personally or by registered post addressed to his registered address. (2) The Registrar shall not remove the name of a registered dentist from the register before the expiry of 1 month after the date of service of an order of the Council made under section 18(1) on the person concerned and in the case of an appeal shall await the decision of the Court of Appeal. (3) Any person whose name has been removed from the register under the provisions of this Ordinance, or whose name prior to the commencement of this Ordinance had been removed or erased under the provisions of the repealed Ordinance from the register kept in accordance with the provisions of that Ordinance may apply to the Council for the restoration of his name to the register, and the Council, in its absolute discretion and after such inquiry and subject to such conditions as it may consider desirable, may either allow or refuse the application, and, if it allows the same, shall order the Registrar to restore the name of the applicant to the register, and thereupon the Registrar shall restore the name accordingly. (4) Any order made by the Council as aforesaid shall be signed by the Registrar. Cap 156 s 23 Appeals Remarks: Amendments retroactively made - see 25 of 1998 s. 2 (1) Any person whose name has been ordered not to be entered upon the register under section 9(3) or any registered dentist who is aggrieved by any order made in respect of him under section 15 or 18 may appeal to the Court of Appeal and the Court of Appeal may thereupon affirm, reverse or vary the order appealed against. (2) The decision of the Court of Appeal upon such appeal shall be final. (3) The practice in relation to any such appeal shall be subject to any rules of court made under the High Court Ordinance (Cap 4): (Amended 25 of 1998 s. 2) Provided that the Court of Appeal shall not have power to hear any appeal against an order made under section 9 or 18 unless notice of such appeal was given within 1 month of the service of the order in accordance with section 22(1). (4) In deciding any appeal under this section the Court of Appeal may make such order for costs as it considers reasonable. (Added 49 of 1977 s. 9) Cap 156 s 24 Penalty for fraudulent registration Any person who fraudulently procures or attempts to procure himself or any other person to be registered under this Ordinance commits an offence and is liable on conviction upon indictment to imprisonment for 3 years. (Amended 68 of 1986 s. 15) Cap 156 s 25 Penalty for falsely pretending to be or taking or using the name or title of a dentist Any person who is neither a registered dentist nor deemed to be one under this Ordinance and who wilfully or falsely pretends to be or takes or uses the name or title of a dentist, dental surgeon, qualified dentist, doctor of dental surgery, professor of dentistry, surgeon dentist, or any name, title, addition or description implying, whether in itself or in the circumstances in which it is used, that such person is a dentist or that such person is qualified to heal or treat dental disorders or derangements, whether by dentistry or any other means of any kind or description whatsoever, commits an offence and is liable on summary conviction to a fine at level 6 and to imprisonment for 3 years. (Amended 68 of 1986 s. 16; 62 of 1987 s. 6; 80 of 1997 s. 92) Cap 156 s 26 Penalty for registered dentist falsely describing his vocation A registered dentist qualified to be registered by virtue only of having been registered under the repealed Ordinance shall not make use, in describing his vocation, of any name, title, addition, description or term other than that of "registered dentist" (注册牙医) or the abbreviated form "dentist" (牙医). Any such registered dentist who wilfully or falsely pretends to be or takes or uses the name or title of a dental surgeon, surgeon dentist, qualified dentist, doctor of dental surgery, professor of dentistry or any name, title or description implying in itself or in the circumstances in which it is used that such registered dentist possesses or holds any qualification to practise other than that he is registered as a dentist commits an offence and is liable on summary conviction to a fine at level 3 and to imprisonment for 6 months: (Amended 49 of 1977 s. 10; 68 of 1986 s. 17; 80 of 1997 s. 93) Provided that, notwithstanding the foregoing provisions of this section, the Council may, by writing under the hand of the Secretary, authorize a registered dentist qualified to be registered by virtue only of having been registered under the repealed Ordinance to use such title or titles associated with his academic qualifications as the Council may think fit. (Amended 79 of 1984 s. 4; 62 of 1987 s. 7; 34 of 1995 s. 6) Cap 156 s 27 Covering Any registered dentist who practises dentistry in premises in which an unregistered person practises dentistry commits an offence and is liable on summary conviction to a fine at level 3 and to imprisonment for 6 months. (Amended 68 of 1986 s. 18; 80 of 1997 s. 94) Cap 156 s 28 Forfeiture Remarks: Adaptation amendments retroactively made - see 37 of 2000 s. 3 (1) Where a person has been convicted of an offence against section 3(1), a magistrate may, on application made on behalf of the Government, order that all dental materials and equipment in the possession or under the control of such person shall be forfeited to the Government. (2) Upon the making of an order for forfeiture under this section, the materials and equipment to which such order relates shall be deemed to be the property of the Government free from the rights of any person. (Amended 37 of 2000 s. 3) Cap 156 s 29 Regulations (1) The Chief Executive in Council may by regulation provide for- (Amended 37 of 2000 s. 3) (a) any fee required to be paid under this Ordinance; and (b) the disposal of any fee paid or recovered under this Ordinance. (Replaced 80 of 1997 s. 7) (c)-(m) (Repealed 80 of 1997 s. 7)(1A) The Secretary for Health, Welfare and Food may by regulation provide for- (Amended L.N. 106 of 2002) (a) the duties of the Registrar; (b) the duties of the Legal Adviser; (c) the duties of the Secretary; (d) the establishment of classes of ancillary dental workers to undertake dental work of kinds prescribed by the regulations, being dental work amounting to the practice of dentistry, within the meaning of section 2(2), and in particular- (i) the qualifications for becoming a member of any such class; (ii) the dental work which a member of any such class may undertake and the conditions, if any, under which he may do so; (iii) the establishment of a roll or record of such classes; and (iv) the title to be used by a member of any such class indicating his membership. (Added 80 of 1997 s. 7)(1B) The Registrar may by regulation provide for- (a) the form of the register and the manner in which it is to be kept; and (b) the manner in which applications for registrations shall be made. (Added 80 of 1997 s. 7)(1C) Subject to the approval of the Secretary for Health, Welfare and Food, the Council may by regulation provide for- (Amended L.N. 106 of 2002) (a) the procedure to be followed at meetings of the Council; (b) the receipt of complaints or information about any registered dentist or any applicant for registration and the establishment and functions of a committee to be known as the Preliminary Investigation Committee to make such preliminary investigation as it considers appropriate regarding any such complaint or information and to determine whether or not there shall be an inquiry under section 9 or 18; (c) the prohibition of a member of the Preliminary Investigation Committee who is also a member of the Council from attending any meeting of the Council while it is inquiring under section 9 or 18 into a complaint or information, in the preliminary investigation of which he took part; (d) the procedure to be followed in relation to- (i) the submission of complaints or information to the Preliminary Investigation Committee; (ii) the preliminary investigation of any complaint or information by the Preliminary Investigation Committee; (iii) the formulation of charges arising out of complaints or information; (iv) the reference to the Council by the Preliminary Investigation Committee of cases arising out of complaints or information; (v) inquiries held by the Council under this Ordinance;(e) the form of any certificate, form or other document which is a certificate, form or other document to be used for a purpose of this Ordinance. (Added 80 of 1997 s. 7)(1D) Without prejudice to the generality of subsections (1A), (1B) and (1C), regulations made under subsections (1A) and (1C) may- (a) require documents for a purpose of this Ordinance to be submitted and to be in such form as may be prescribed and require matters or documents for that purpose to be supported by statutory declarations or such other declarations as specified or approved by the Council; (b) generally provide for the carrying into effect the provisions of this Ordinance. (Added 80 of 1997 s. 7)(2) Any regulations made under subsection (1)(a) may prescribe different fees to be payable by different categories of dentists. (Added 49 of 1977 s. 11. Amended 80 of 1997 s. 7) Cap 156 s 30 Exemptions from sections 9, 10 and 14 (1) All dentists in the public service of Hong Kong shall, while in the discharge of their duties or while practising dentistry otherwise than for gain in a charitable clinic approved by the Council, be exempt from sections 10(3) and (5) and 14. (2) All dentists of Her Majesty's navy, army or air force residing in Hong Kong shall, while in the discharge of their duties or while practising dentistry otherwise than for gain in a charitable clinic approved by the Council, be deemed to be registered dentists for the purpose of section 3, and sections 9, 10 and 14 shall not apply to such dentists unless they practise dentistry privately in Hong Kong. (3) All persons on the full-time teaching staff of the Faculty of Dentistry of the University of Hong Kong shall, while in the discharge of teaching duties or while performing hospital work in the Faculty of Dentistry- (a) be deemed to be registered dentists for the purpose of section 3; and (b) be exempt from section 14, unless they practise dentistry privately within Hong Kong. (Replaced 34 of 1995 s. 7) (4) All dentists in the full-time service of the Hospital Authority within the meaning of the Hospital Authority Ordinance (Cap 113) shall be exempt from sections 10(3) and (5) and 14, unless they practise dentistry privately in Hong Kong. (Added 87 of 1991 s. 2) (Amended 24 of 1962 s. 4; 79 of 1984 s. 5; 62 of 1987 s. 8; 34 of 1995 s. 7) Cap 156 s 31 Exemptions Remarks: Adaptation amendments retroactively made - see 37 of 2000 s. 3 (1) Nothing in this Ordinance shall operate to prevent the practice of medicine or surgery by a medical practitioner registered under the Medical Registration Ordinance (Cap 161). (2) Nothing in this Ordinance shall operate to prevent the training of medical students, dental students, dental therapists or dental hygienists in the practice of dentistry under the supervision of a registered dentist or a person deemed to be a registered dentist during a course of training operated by an institution approved by the Chief Executive for the purpose of this section. (Replaced 79 of 1984 s. 6. Amended 62 of 1987 s. 9; 37 of 2000 s. 3) (3) Nothing in this Ordinance shall operate to prevent the performance by dental therapists employed in the public service of minor dental work of such a character as may be authorized in writing by a government consultant dental surgeon appointed by the Director of Health for that purpose. (Amended 10 of 1966 s. 3; 79 of 1984 s. 6; L.N. 76 of 1989) Cap 156 SCHEDULE [section 8] UNIVERSITIES IN HONG KONG SPECIFIED FOR PURPOSES OF SECTION 8 OF THIS ORDINANCE 1. The University of Hong Kong. (Schedule added 9 of 2002 s. 2)
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