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

43. Voting
(1) In the taking of the votes of the Board on any question to be determined by it, the Chairman of the Board shall call upon the members to signify their votes and shall thereupon declare the determination of the Board in respect of such question.
(2) Where the determination of the Board so declared by the Chairman of the Board is challenged by any member of the Board, the Chairman of the Board shall call upon each member severally to declare his vote, announce his own vote and announce the number of members of the Board who have voted each way, and the result of the vote.
(3) Where on any question to be determined by the Board the votes are equal, the question shall be deemed to have been decided in favour of the respondent.
(4) No person other than members of the Board and the Legal Adviser shall be present when the Board votes on any matter.

44. Inquiry by the Board
The Legal Adviser shall be present at every inquiry held by the Board in accordance with section 13 or 22 of the Ordinance and no such inquiry shall commence if the Legal Adviser is not present.

45. Ordinary meetings of Board
The Chairman of the Board may give to the Legal Adviser prior notice that his advice may be required at any meeting of the Board, other than at an inquiry under section 13 or 22 of the Ordinance, or at any meeting of the Committee and, if such notice is given, the Legal Adviser shall be present at such meeting.

46. Advice by Legal Adviser
(1) When the Legal Adviser advises the Board on any question of law as to evidence, procedure or any other matter in any inquiry under section 13 or 22 of the Ordinance he shall do so in the presence of every party to the proceedings or the person representing each party or, if the advice is tendered after the Board has commenced to deliberate as to its findings, every such party or person as aforesaid shall be informed of the advice that the Legal Adviser has tendered.
(2) In any case where the Board does not accept the advice of the Legal Adviser on any such question as aforesaid, every such party or person shall be informed of this fact.

47. Application to section 13(3) inquiry
Where specific provision has not been made in these regulations in respect of an inquiry held for the purposes of section 13(3) of the Ordinance, any provision applicable to an inquiry held for the purposes of section 22 of the Ordinance shall apply and may be construed with such modifications not affecting the substance as may be necessary to render it conveniently applicable.

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

1. Short title and application
(1) This Ordinance may be cited as the Supplementary Medical Professions Ordinance.
*(2) This Ordinance shall apply to any profession included in the Schedule with effect from such date as the Chief Executive may appoint by order in the Gazette and orders made under this subsection may fix different dates for different provisions of this Ordinance. (Amended 67 of 1985 s. 2; 37 of 2000 s. 3)

Editorial Note:

*  For application, see Caps. 359C, 359D, 359E, 359G, 359I, 359K and 359L. 

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

3. Establishment and composition of Council
(1) There shall be a Council called the Supplementary Medical Professions Council and consisting of the following members—
(a) a Chairman to be appointed by the Chief Executive;
(b) a Deputy Chairman to be appointed by the Chief Executive;
(c) not more than 4 public officers appointed by the Chief Executive;
(d) the following persons, whose terms of office shall run for 3 consecutive years, from the respective dates of their appointment—
(i) 1 person appointed by the Chief Executive on the nomination of the University of Hong Kong;
(ii) 1 person appointed by the Chief Executive on the nomination of The Chinese University of Hong Kong;
(iii) 1 person appointed by the Chief Executive on the nomination of The Hong Kong Polytechnic University; (Amended 100 of 1994 s. 9)
(iv) 1 person appointed by the Chief Executive from each profession; and
(v) 4 other persons, not being public officers, appointed by the Chief Executive.
(2) Any member appointed under subsection (1)(d) may, upon the expiry of his term of office, be reappointed.
(3) Any member appointed under subsection (1)(d) or reappointed under subsection (2) may before the expiry of his term of office—
(a) resign his office by notice to the Chief Executive; or
(b) be removed from office by the Chief Executive for permanent incapacity or other sufficient cause (as to the existence of which the decision of the Chief Executive shall be final),
and upon such resignation or removal the term for which he was appointed or reappointed shall be deemed to have expired.
(4) There shall be—
(a) a secretary; and
(b) a legal adviser,
to the Council who shall be appointed by the Chief Executive.
(Amended 37 of 2000 s. 3)

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

4. Purposes of the Council
(1) The purposes of the Council shall be—
(a) to promote adequate standards of professional practice and of professional conduct in the professions;
(b) to co-ordinate and supervise the activities of the boards established under section 5; and
(c) to carry out any additional functions assigned to it by this Ordinance.
(2) The Council shall perform its function of co-ordinating and supervising the activities of the boards—
(a) by making to each board, or inviting the board to make to the Council, proposals as to the activities to be carried on by the board or other boards;
(b) by recommending a board to carry on such activities, or to limit its activities in such manner, as the Council considers appropriate after consultation with the board on the proposals referred to in paragraph (a); (Amended 68 of 1995 s. 2)
(c) by concerning itself with matters appearing to it to be of special interest to any 2 or more of the boards, and by giving to the boards such advice and assistance as it thinks fit with respect to such matters; and
(d) by exercising its powers under this Ordinance in such manner as the Council considers most conducive to the satisfactory performance by each board of the board’s functions under this Ordinance. (Amended L.N. 587 of 1995)