### Occupational Therapists (Registration and Disciplinary Procedure) Regulations 《職業治療師(註冊及紀律處分程序)規例》

20. Reference of complaint to the Committee
(1) On receiving a complaint submitted under regulation 19, the Chairman of the Committee shall, if satisfied that the complaint is frivolous or groundless and should not proceed further, dismiss it, and in any other case—
(a) direct the Secretary that the complaint be referred to the Committee to consider whether it should be referred to the Board for inquiry; and
(b) fix a date for the meeting of the Committee to consider the complaint.
(2) Where the Secretary is directed to refer a complaint to the Committee, he shall—
(a) refer the complaint to the Committee;
(b) notify the respondent of the receipt of the complaint;
(c) inform him of the substance thereof;
(d) forward to him a copy of any statutory declaration furnished under regulation 19(1);
(e) inform him of the date fixed for the meeting of the Committee to consider the complaint; and
(f) invite him to submit to the Committee any explanation he wishes to offer for his conduct or any other matter alleged in the complaint.

21. Consideration of complaint by the Committee
(1) The Secretary shall, at the meeting at which the complaint is considered, put before the Committee the complaint, any statutory declaration received therewith, any explanation submitted by the respondent and any other available document or matter in the nature of evidence relevant to the complaint.
(2) The Committee shall consider any documents or matter put before it under subregulation (1) and, subject to subregulation (3), shall determine either—
(a) that no inquiry shall be held; or
(b) that the complaint shall in whole or in part be referred to the Board for inquiry.
(3) Before coming to a determination under subregulation (2), the Committee may cause to be made such further investigations and may obtain such additional advice or assistance as it considers necessary.

22. Determination of Committee that no inquiry be held
(1) If the Committee determines that no inquiry shall be held, it shall direct that the complaint be dismissed and the Secretary shall inform the respondent and the complainant, if any, accordingly.
(2) If the Committee determines that an inquiry shall be held, it shall refer the case to the Board and the Chairman of the Committee shall notify the Chairman of the Board of the matters into which inquiry is to be made.

### Occupational Therapists (Registration and Disciplinary Procedure) Regulations 《職業治療師(註冊及紀律處分程序)規例》

23. Determination of Committee that inquiry be held
(1) Where a matter is referred to the Board under regulation 22(2), the Chairman of the Board shall fix a date for holding an inquiry and the Secretary shall, within 1 month of the determination of the Committee to refer the complaint to the Board, serve on the respondent a notice of inquiry which shall be in accordance with Form 4 in Schedule 2 together with a copy of these regulations.
(2) A notice of inquiry shall—
(a) in a case where the complaint is that the respondent has been guilty of misconduct, state in the form of a charge, which shall be formulated by the Secretary, the matters into which inquiry is to be held;
(b) in any other case, state the allegation contained in the complaint; and
(c) specify the date, time and place at which the inquiry is proposed to be held.
(3) An inquiry shall not be held until 28 days after the date of service of the notice of inquiry unless the respondent consents in writing to holding it earlier.
(4) Service of a notice of inquiry on the respondent shall be by registered post addressed to him at his registered address or at his address last known to the Secretary if different.
(5) Within the time stipulated for service of the notice of inquiry, the Secretary shall send a copy of the notice of inquiry to any complainant.

24. Adjournment of inquiry
(1) The Chairman of the Board may, at any time, adjourn any inquiry to such date as he thinks fit.
(2) Notice of any such adjournment shall be given to the respondent and to any complainant.

25. Documents to be furnished to Board
The respondent and any complainant shall furnish to the Secretary, not less than 10 days before the date of an inquiry or such lesser period as the Board may determine, 2 copies of all documents upon which he intends to rely at the hearing of the said inquiry.

26. Documents to be available to each party
The Secretary on the request of the respondent or a complainant and on the payment of reasonable charges (if any) shall send to the respondent or to the complainant, as the case may be, copies of any document sent to the Secretary by the other party for the purposes of an inquiry.

27. Notice to produce
Any party may at any time give to any other party notice to produce any document alleged to be in the possession of that party and, on failure to produce such document, may prove the contents thereof by any alternative method.

### Occupational Therapists (Registration and Disciplinary Procedure) Regulations 《職業治療師(註冊及紀律處分程序)規例》

28. Amendment of notice
(1) Where before the hearing or at any stage of the hearing it appears to the Board that a notice of inquiry is defective, the Chairman of the Board 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 merits of the case, he is of the opinion that the required amendments cannot be made without prejudice to the respondent.
(2) The Secretary shall, as soon as is practicable, after the amendment of a notice of inquiry, give notice in writing thereof to the respondent and to any complainant.

29. Interpretation
In this Part—
“order” (命令) means an order made by the Board in the exercise of its powers under section 22 of the Ordinance;
“Secretary” (秘書) includes a counsel, a solicitor or a legal officer appointed in pursuance of regulation 31. (L.N. 87 of 2004)

30. Record of proceedings
(1) A shorthand writer may be appointed by the Board to prepare a verbatim record of the proceedings.
(2) If a verbatim record of any proceedings or any part of any proceedings has been prepared the Chairman of the Board, on application to him by any party and on the payment of reasonable charges (if any), shall furnish such party with a copy of such record.

31. Appointment of counsel, solicitor or legal officer as Secretary
On the application of the Secretary of the Board appointed under section 5(4)(a) of the Ordinance, the Secretary for Justice may appoint a counsel, a solicitor or a legal officer within the meaning of the Legal Officers Ordinance (Cap. 87) to carry out the duties which a secretary has to perform in an inquiry where the complainant is not present or represented by counsel or solicitor.
(L.N. 362 of 1997; L.N. 87 of 2004)

32. Opening of inquiry
(1) At the opening of an inquiry the Secretary shall read the notice of inquiry.
(2) If the respondent is not present and is not represented by counsel or a solicitor at the opening of the inquiry, the Secretary shall furnish to the Board such evidence as the Board may require that the notice of inquiry was served on the respondent in accordance with regulation 23(4) and, on being satisfied as to such evidence, the Board may proceed with the inquiry in the absence of the respondent.
(3) If the respondent is present at the inquiry the Chairman of the Board, immediately after the notice of inquiry has been read, shall inform him of his right to cross-examine witnesses, to give evidence and to call witnesses on his behalf.