### Architects Registration Ordinance 《建築師註冊條例》

21. Disciplinary offences
(1) A registered architect commits a disciplinary offence if he—
(a) commits misconduct or neglect in any professional respect;
(b) has been convicted of an offence under this Ordinance;
(c) has obtained registration under this Ordinance by fraud or misrepresentation;
(d) was not at the time of his registration under this Ordinance entitled to be registered;
(e) without reasonable excuse, fails to attend before an inquiry committee when summoned either as a witness or as a person in respect of whom the inquiry committee is meeting; or
(f) has been convicted in Hong Kong or elsewhere of any offence which may bring the profession into disrepute and sentenced to imprisonment, whether the sentence is suspended or not.
(2) If a person who has been guilty of misconduct or neglect in a professional respect or has been convicted of an offence under this Ordinance or has been convicted of an offence likely to bring the profession into disrepute and sentenced to imprisonment, informs the Board of such misconduct, neglect or conviction when he applies for registration or renewal of registration and the Board subsequently accepts the person for registration or renewal of registration, that person shall not, for the purposes of registration or renewal of registration, be considered as having committed a disciplinary offence in respect of the disclosed misconduct, neglect or conviction.
(3) Where the Registrar receives a complaint concerning a disciplinary offence, the Registrar shall submit the facts to 2 members of the Board appointed by the Board for the purpose, and the members, in consultation with the Registrar, shall determine whether the complaint should be referred to the Board.

### Architects Registration Ordinance 《建築師註冊條例》

22. Inquiry committee and rules of conduct
(1) The Board may refer any complaint concerning a disciplinary offence to an inquiry committee for decision, and for that purpose the Board may establish an inquiry committee of not less than 3 members of the Institute to determine whether or not the registered architect against whom the complaint is made has committed a disciplinary offence.
(2) The Board may make rules providing for the conduct of its inquiries by an inquiry committee and for other matters relating to the investigation of an alleged disciplinary offence.
(3) The inquiry committee shall not proceed to hear evidence of a complaint concerning a disciplinary offence unless the registered architect in respect of whom the complaint is made is given 28 days’ notice of the complaint and the date, time and place of the hearing.
(4) The registered architect referred to in subsection (3) shall be entitled to attend and hear all evidence produced at the hearing and shall be provided with a copy of this Ordinance and any rules made under this section.
(5) The Board may make rules for the rehearing of an inquiry by an inquiry committee.
(6) Where a registered architect is alleged to have committed a disciplinary offence under section 21(1)(b) or (f), the inquiry committee—
(a) shall not be required to inquire whether the registered architect was properly convicted of the alleged offence; and
(b) may consider any record of the case in which a conviction was recorded and any other evidence which is relevant as showing the nature and gravity of the offence.
(7) The inquiry committee may, in deciding whether a person has committed a disciplinary offence, have regard to any code of professional conduct or practice promulgated by the Board or currently in use by the Institute.

23. Legal adviser
The Board may appoint a legal practitioner to advise an inquiry committee and a review committee on any points of law and procedure that arise before, during or after the inquiry.

### Architects Registration Ordinance 《建築師註冊條例》

25. Powers in regard to obtaining of evidence and conduct at inquiry
(1) An inquiry committee shall have power—
(a) to hear, receive and examine evidence on oath;
(b) to summon any person to attend the inquiry either as the person whose conduct is the subject of the inquiry or 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 as a witness such sum, to be paid from the funds of the Board, as in the opinion of the inquiry committee have been reasonably expended by him in connection with his attendance.
(2) The Registrar shall sign summonses to witnesses.
(3) No person shall be required to answer any question or produce any document or other thing which, in the opinion of the inquiry committee, may tend to incriminate him.
(4) A witness shall, in respect of any evidence given by him before the inquiry committee, be entitled to the same privileges to which he would be entitled if he were giving evidence in court.

26. Review of disciplinary orders
(1) When an inquiry committee completes its hearing in respect of a disciplinary offence and makes a finding that a disciplinary offence has been committed, the Registrar shall forthwith forward the inquiry committee’s decision and details of any order proposed to be made by the inquiry committee under section 24 to the Board for review.
(2) The Board shall appoint 3 of its members to sit with the Chairman as a review committee to review the decision of the inquiry committee.
(3) The Board shall not appoint a member of the inquiry committee to be a member of the review committee.
(4) The review committee may—
(a) confirm the decision and any proposed order of the inquiry committee;
(b) reverse a finding of guilt by the inquiry committee;
(c) recommend that any proposed order made by the inquiry committee be varied; or
(d) remit the decision or any proposed order of the inquiry committee to the inquiry committee with directions to reconsider the decision or proposed order or both.
(5) The inquiry committee shall comply with the directions and recommendation, if any, of the review committee.

### Architects Registration Ordinance 《建築師註冊條例》

27. Service of orders of inquiry committee
(1) The Registrar shall serve a copy of any order made under section 24(1), together with a copy of the inquiry committee’s reasons, or serve notice that the inquiry committee has not found that the registered architect concerned committed a disciplinary offence, upon the registered architect concerned, either personally or by registered post addressed to his registered address immediately when the Registrar receives— (Amended 33 of 1997 s. 5)
(a) the report of the review committee, unless the inquiry committee is to reconsider its decision; or
(b) any order of the inquiry committee reviewed under section 26(4)(d).
(2) The Registrar shall not remove the name of the registered architect from the register before the expiry of a period of 3 months after the date of service of the order under subsection (1) or, in the case of an appeal made to the Court of Appeal against the order under section 29, before the appeal is finally determined. (Amended 10 of 2005 s. 82)
(3) Any person whose name has been removed from the register under this Ordinance may apply to the Board for the restoration of his name to the register, and the Board may, after such inquiry and subject to such conditions as it may consider desirable, allow or refuse the application.
(4) If the Board allows an application under subsection (3), it shall order the Registrar to restore the name of the applicant to the register on payment by the applicant of the prescribed fee.