### Chiropractors Registration Ordinance 《脊醫註冊條例》

16. Disciplinary offences
(1) A registered chiropractor 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 an offence which may bring the profession of chiropractic into disrepute.
(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 in Hong Kong or elsewhere of an offence which may bring the profession of chiropractic into disrepute, informs the Council of such misconduct, neglect or conviction when he applies for registration or renewal of registration and the Council 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 Secretary receives a complaint alleging a disciplinary offence, the Secretary shall submit the complaint to 2 members of the Council appointed for the purpose, one of whom shall be a person appointed under section 3(2)(b), and the members shall determine whether the complaint should be referred to the Council.

### Chiropractors Registration Ordinance 《脊醫註冊條例》

17. Inquiry committee and rules of conduct
(1) The Council may refer any complaint alleging a disciplinary offence to an inquiry committee for decision, and for that purpose the Council may establish an inquiry committee of not less than 3 of its members, one of whom shall be a person appointed under section 3(2)(b), to determine whether or not the registered chiropractor against whom the complaint is made has committed a disciplinary offence.
(2) The Secretary shall send notice of a referral under subsection (1) and an adequate statement of the substance of the complaint by prepaid registered post to the registered address of the registered chiropractor.
(3) The Council 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.
(4) The Legal Adviser shall be present at every inquiry conducted by an inquiry committee.
(5) The inquiry committee shall not proceed to hear evidence of a complaint concerning a disciplinary offence unless it is satisfied that the requirements of subsection (2) have been complied with and that the registered chiropractor in respect of whom the complaint is made has been given 28 days’ notice of the complaint and the date, time and place of the hearing.
(6) The registered chiropractor referred to in subsection (5) shall be entitled to attend and hear all evidence produced at the hearing and informed of any advice tendered by the Legal Adviser to the inquiry committee under section 7(3) and shall be provided with a copy of this Ordinance and any rules made under this section.
(7) The Council may make rules for the rehearing of an inquiry by an inquiry committee.
(8) Where a registered chiropractor is alleged to have committed a disciplinary offence under section 16(1)(b) or (f), the inquiry committee—
(a) shall not be required to inquire whether the registered chiropractor 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 the inquiry committee may think is relevant as showing the nature and gravity of the offence.
(9) The inquiry committee may, in deciding whether a person has committed a disciplinary offence, have regard to any rules of professional conduct or Code of Practice made or issued by the Council.

### Chiropractors Registration Ordinance 《脊醫註冊條例》

18. Disciplinary order of inquiry committee
Where an inquiry committee finds that a registered chiropractor committed a disciplinary offence, the inquiry committee may make any one or more of the following orders—
(a) order the Secretary to remove the name of the registered chiropractor from the register;
(b) order the Secretary to remove the name of the registered chiropractor from the register for such period as the inquiry committee may think fit;
(c) reprimand the registered chiropractor in writing and order the Secretary to record the reprimand in the register;
(d) order that an order made under this section be suspended, subject to such conditions as the inquiry committee may think fit, for a period not exceeding 2 years;
(e) order that the Council shall not accept an application from the person being the subject of an order under paragraph (a) or (b) for registration as a registered chiropractor either for a fixed period or until that person satisfies the Council that he should be so registered;
(f) make any other order as it thinks fit, but no such order shall be of greater severity than those in paragraphs (a) to (e).

19. 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 under oath or require him to produce any document or other thing in his possession;
(c) to admit or exclude the public or any member of the public from the inquiry;
(d) to admit or exclude the media from the inquiry.
(2) The Secretary 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 Legal Adviser, 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.

### Chiropractors Registration Ordinance 《脊醫註冊條例》

20. Service of orders of inquiry committee
(1) The Secretary shall serve a copy of any order made under section 18(a) to (f), together with a copy of the inquiry committee’s reasons, or serve notice that the inquiry committee has not found that the registered chiropractor concerned committed a disciplinary offence, upon the registered chiropractor who was the subject of the complaint, either personally or by prepaid registered post addressed to his registered address.
(2) The Secretary shall not remove the name of the registered chiropractor from the register before the expiry of a period of 3 months after the date of service of the order under subsection (1), and in the event of an appeal under section 22 or until the time for the giving of notice of such appeal has expired shall await the decision of the Court of Appeal.
(3) Any person whose name has been removed from the register under this Ordinance may apply to the Council for the restoration of his name to the register, and the Council may, after such inquiry and subject to such conditions as it may consider desirable, allow or refuse the application.
(4) If the Council allows the application under subsection (3), it shall order the Secretary to restore the name of the applicant to the register on payment by the applicant of the prescribed fee.

21. Publication of disciplinary orders
(1) After the expiry of the time within which notice of an appeal under section 22 against an order of an inquiry committee under section 18(a) to (f) is to be given, or where in the case of an appeal, the order is affirmed or varied or the appeal is abandoned, the Council—
(a) shall publish a copy of the order or the order as varied on appeal in one English and one Chinese newspaper circulating in Hong Kong; and
(b) may publish the order or the order as varied on appeal in any other publication or manner as the Council thinks fit.
(2) Where an order is published under subsection (1), the Council—
(a) shall publish with such order sufficient particulars to acquaint the public with the nature of the matter to which the order relates; and
(b) may publish with such order an account of the proceedings of the inquiry committee.
(3) No action in damages for defamation shall lie against any person as a result of publishing an order and other particulars required or permitted under this section.