Hong Kong Ordinances

NURSES REGISTRATION ORDINANCE - SECT 17

Disciplinary powers of the Council

(Past version on 03/05/1999).
(Past version on 30/06/1997).

PART V

DISCIPLINARY PROCEEDINGS AND OFFENCES

(1) If, after due inquiry into any case referred to it by the Preliminary
Investigation Committee in accordance with regulations made under section 27,
the Council is satisfied that any registered nurse or any enrolled nurse, as
the case may be- (Amended 82 of 1997 s. 21)

   (a)  has been, in Hong Kong or elsewhere, convicted of any offence
        punishable with imprisonment;

   (b)  has been, in Hong Kong or elsewhere, guilty of unprofessional 
        conduct;

   (c)  has obtained registration or enrolment by fraud or misrepresentation;

   (d)  was not at the time of registration or enrolment qualified to be
        registered or enrolled; or

   (e)  has contravened any prohibition imposed under section 25(1), the
        Council, in its discretion, may- (Amended 82 of 1997 s. 21)

        (i)    order that the name of the registered nurse or enrolled nurse
               be removed from the register or roll or any part thereof;

        (ii)   order that the name of the registered nurse or enrolled nurse
               be removed from the register or the roll or any part thereof,
               for such specified period as it may think fit;

        (iii)  order that such registered nurse or enrolled nurse be
               reprimanded; or

        (iv)   postpone judgment on the case for any period not exceeding 2
               years, and may, in any event, make such order as the Council
               thinks fit with regard to the payment of costs of the chairman
               or of the secretary or other person presenting the case to the
               Council or of any complainant or of such registered nurse, or
               such enrolled nurse. (Replaced 38 of 1970 s. 7. Amended 67 of
               1985 s. 16; 82 of 1997 s. 21)

(2) Any costs awarded in pursuance of subsection (1) may be recovered as a
civil debt. (Amended 38 of 1970 s. 7)

(3) For the purposes of sections 9 and 15 and this section,

"unprofessional conduct" (不專業行為) means an act or omission by a
registered  nurse or an enrolled nurse which could be reasonably regarded as
disgraceful or dishonourable by registered nurses or enrolled nurses of good
repute and competency. (Amended 38 of 1970 s. 7; 67 of 1985 s. 16)

(4) Nothing in this section shall be construed to require the Council to
inquire into the question whether a registered nurse or an enrolled nurse 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.
(Amended 38 of 1970 s. 7; 82 of 1997 s. 21)

(5) In any inquiry under this section as to whether a registered  nurse or an
enrolled nurse 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. (Amended 38 of 1970 s. 7)

(6) Within 30 days after the expiration of the time within which an appeal
against an order made by the Council may be made to the Court of Appeal in
accordance with the provisions of section 22, or if such an appeal has been
made, within 30 days after the appeal is finally determined, the Council shall
cause the order or, if the order is varied on appeal, the order as so varied
to be published in the Gazette, and may cause an account of the proceedings at
the inquiry at which such order was made to be so published together with
sufficient particulars to acquaint the public with the nature of the offence
to which the order relates. (Amended 92 of 1975 s. 59; 82 of 1997 s. 21; 10 of
2005 s. 72) (Amended 45 of 1972 s. 3)

"unprofessional conduct" (不專業行為)