### Supplementary Medical Professions Ordinance 《輔助醫療業條例》

23. Powers of boards at inquiries
(1) For the purposes of an inquiry under section 13 or 22 or when it otherwise appears desirable to a board that any matter relating to the relevant profession should be inquired into, the board shall subject to subsection (4) have power— (Amended 67 of 1985 s. 9)
(a) to hear, receive and examine evidence on oath;
(b) to summon a person to attend the inquiry to give evidence or produce a document or other thing in his possession and examine him as a witness or require him to produce a document or other thing in his possession; (Amended 67 of 1985 s. 9)
(c) to admit to the inquiry or to exclude therefrom the public or any member of the public; (Added 67 of 1985 s. 9)
(d) to admit to the inquiry or to exclude therefrom the press; and (Added 67 of 1985 s. 9)
(e) to award any person summoned to attend the inquiry such sum or sums as in the opinion of the board may have been reasonably expended by him by reason of his attendance. (Added 67 of 1985 s. 9)
(2) A summons under subsection (1) shall be in the prescribed form and signed by the secretary of the board.
(3) Subject to subsection (4), a person who—
(a) being summoned under subsection (1) to attend an inquiry to give evidence or to produce a document or other thing in his possession, refuses or neglects to do so; or
(b) being examined under subsection (1) as a witness by or before a board, refuses or neglects to answer a question put to him by or with the concurrence of the board, or to produce a document or other thing in his possession when required to do so,
commits an offence.
(4) Notwithstanding subsection (3) a person who appears as a witness before a board shall be entitled to the same privileges in respect of the giving of evidence and the production of a document or other thing as he would be entitled to if appearing as a witness in civil proceedings before the Court of First Instance. (Amended 25 of 1998 s. 2)
(5) A person whose conduct is the subject of an inquiry, or who is implicated or concerned in the subject matter of the inquiry, shall be entitled to be represented by counsel or a solicitor at the inquiry.
(6) A person who—
(a) behaves in an insulting manner or uses any abusive, threatening or insulting expression to or in the presence of a board; or
(b) wilfully disrupts the proceedings of a board,
commits an offence.

### Supplementary Medical Professions Ordinance 《輔助醫療業條例》

24. Provisions relating to decisions and orders of boards
(1) The secretary of a board shall cause a copy of any decision of the board under section 13(3) or of any order made by the board under section 22 to be served forthwith upon the person concerned. (Amended 67 of 1985 s. 10)
(2) No order of a board under section 22(1) shall take effect while the person to whom the order relates remains entitled to appeal to the Court of Appeal against the decision in accordance with section 25 or, if such an appeal has been made, before the appeal is finally determined. (Amended 10 of 2005 s. 78)

25. Appeals to Court of Appeal
(1) Any person whose application for registration is declined under section 13(3) or a person registered who is aggrieved by an order made in respect of him under section 22(1) may appeal to the Court of Appeal and the Court of Appeal may thereupon affirm, reverse or vary the decision or order appealed against. (Amended 67 of 1985 s. 11)
(2) (Repealed 10 of 2005 s. 75)(3) The Court of Appeal may make such order for the payment of costs as it considers reasonable.
(4) Subject to subsection (5), the practice in relation to the appeal shall be subject to any rules of court made under the High Court Ordinance (Cap. 4). (Amended 25 of 1998 s. 2)
(5) Notwithstanding subsection (4), the Court of Appeal shall not hear an appeal against a decision of a board under section 13(3) or an order made under section 22(1) unless notice of the appeal was given within 1 month of the service of a board’s decision on the applicant or within 1 month of the service of the order under section 24, as the case may be. (Amended 67 of 1985 s. 11)

### Supplementary Medical Professions Ordinance 《輔助醫療業條例》

26. Boards may prepare Codes of Practice
(1) A board may prepare and revise Codes of Practice which shall not be inconsistent with this Ordinance or any regulations made thereunder for the relevant profession for the purposes of this Ordinance— (Amended 70 of 1989 s. 8)
(a) prescribing standards of conduct and practice for persons practising that profession, for the employers of persons practising that profession and the directors of any company carrying on the business of practising that profession;
(b) regulating the activities of persons practising that profession including the activities of such persons in the supervision and control of unqualified persons assisting such persons in the practice of the profession; and
(c) regulating the activities of persons—
(i) who are required to be supervised in the practice of their profession by regulations made under this Ordinance, in the practice of the profession; and
(ii) in the supervision of persons referred to in subparagraph (i), (Added 70 of 1989 s. 8)
and the Codes of Practice may prohibit specified activities. (Amended 70 of 1989 s. 8)
(1A) Where, under subsection (1), a board—
(a) prepares a Code of Practice, it shall inform the Council in writing that such a Code of Practice has been prepared and serve a copy thereof on the Council; and
(b) revises a Code of Practice, it shall inform the Council in writing of any changes made thereto and serve a copy of the revision on the Council. (Added 70 of 1989 s. 8)
(1B) Any Code of Practice prepared under subsection (1) or any revision of such a code shall not come into operation until the expiration of—
(a) the period of 6 months from the date the Council receives a copy of the Code of Practice or, as may be appropriate, any revision of such a code, served pursuant to subsection (1A); or
(b) such shorter period as may be agreed by the Council and the board concerned. (Added 70 of 1989 s. 8)
(2) The secretary of the board shall cause a copy of a Code of Practice and each revision thereof to be served upon each person registered in respect of the profession to which the Code of Practice or revision applies.
(3) A person, who contravenes any Code of Practice prepared or revised under subsection (1) and applicable to his profession, may be subject to inquiries held by a board; but the fact that any matters are not mentioned in a Code of Practice, shall not preclude the board from judging a person to be guilty of unprofessional conduct by reference to those matters. (Amended 67 of 1985 s. 12; 68 of 1995 s. 35)