### Dentists (Registration and Disciplinary Procedure) Regulations 《牙醫(註冊及紀律處分程序)規例》

31. Address in mitigation
(1) At any meeting of the Council at which sentence on a defendant is to be decided by the Council, before the Council shall decide such sentence an opportunity shall be given to the defendant, or his solicitor or counsel, to address the Council by way of mitigation and to adduce evidence as to the circumstances leading to the offence and as to the character and antecedents of the defendant. 
(1A) At any such meeting—
(a) the Secretary or other person presenting the case to the Council may produce to the Council the records of any meeting of the Council at which an order was made against the defendant pursuant to section 18 of the Ordinance; and 
(b) the defendant, in person or by his solicitor or counsel, may address the Council by way of mitigation and may adduce evidence as to the circumstances leading to any such previous order. (L.N. 177 of 1977) 
(2) The Council shall then consider and determine the sentence on the defendant and the Chairman shall announce the decision of the Council in such terms as the Council may approve.

32. Notice of postponement of sentence
(1) Where, in accordance with the provisions of regulation 30, the decision of the Council in regard to the sentence in respect of any charge stands postponed to a future meeting of the Council, the Secretary, not less than 1 week before the date fixed for such future meeting, shall serve on the defendant a notice specifying the date, time and place fixed for the meeting of the Council and inviting him to appear at such meeting; such notice shall be served in the manner provided by regulation 17 for the service of a notice of inquiry. 
(2) If there is a complainant in respect of the charge, a copy of the notice shall be sent to such complainant.

33. Evidence
(1) Evidence may be taken by the Council by oral statement on oath or by written deposition or statement. 
(2) A summons to any person requiring him to attend an inquiry to give evidence or produce any document or other thing in his possession, in accordance with the provisions of section 19 of the Ordinance, may be in accordance with Form 7 in the First Schedule. 
(3) Every witness shall be examined by the party producing him and may then be cross-examined by the other party and only upon matters arising out of such cross-examination may be re-examined by the party producing him. 
(4) The Council may decline to admit the evidence of any deponent to a document who is not present for, or who declines to submit to, cross-examination. 
(5) The Chairman, and members of the Council through the Chairman, may put such questions to the parties or to any witness as they may think desirable.

### Dentists (Registration and Disciplinary Procedure) Regulations 《牙醫(註冊及紀律處分程序)規例》

34. Voting
(1) In the taking of the votes of the Council on any question to be determined by them, the Chairman shall call upon the members to signify their votes by raising their right hands, and shall thereupon declare the determination of the Council in respect of such question. 
(2) Where the determination of the Council so declared by the Chairman is challenged by any member of the Council, the Chairman shall call upon each member severally to declare his vote, announce his own vote and announce the number of members of the Council who have voted each way, and the result of the vote. 
(3) Where on any question to be determined by the Council the votes are equal, the question shall be deemed to have been decided in favour of the defendant. 
(4) No person other than members of the Council and the Legal Adviser shall be present when the Council votes on any matter. (L.N. 118 of 1968)

35. Inquiry by the Council
The Legal Adviser shall be present at every inquiry held by the Council in accordance with the provisions of section 9 or section 18 of the Ordinance and no such inquiry shall commence if the Legal Adviser is not present.

36. Ordinary meetings of Council
The Chairman may give to the Legal Adviser prior notice that his advice may be required at any meeting of the Council, other than an inquiry under section 9 or section 18 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. 

37. Advice by Legal Adviser
(1) When the Legal Adviser advises the Council on any question of law as to evidence, procedure or any other matter in any inquiry under section 9 or section 18 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 Council 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 Council 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.

### Ancillary Dental Workers (Dental Hygienists) Regulations 《牙科輔助人員(牙齒衞生員)規例》

1. Citation
These regulations may be cited as the Ancillary Dental Workers (Dental Hygienists) Regulations.

2. Establishment of dental hygienists
There is established hereby a class of ancillary dental workers to be known as dental hygienists.

3. Qualification of applicants for enrolment
Any person who holds the United Kingdom Minister of Health’s Certificate of Proficiency in Oral Hygiene, or who holds any other certificate or diploma which, in the opinion of the Dental Council, is of an equivalent standard and has been gained following a course of dental training extending over a period of not less than nine months, may apply to the Dental Council for enrolment as a dental hygienist.

4. Enrolment of dental hygienists
(1) The Dental Council may, at its absolute discretion, admit any person to practise as a dental hygienist if it is satisfied that the applicant—
(a) holds the qualifications specified in regulation 3; and 
(b) is a fit and proper person to practise as a dental hygienist. 
(2) The Registrar shall maintain a roll in which the name and address of every person whom the Dental Council has admitted to practise as a dental hygienist shall be recorded. 
(3) Any enrolled dental hygienist who alters his name or address shall notify the Registrar immediately of any such alteration. 
(4) Every dental hygienist shall pay to the Registrar an enrolment fee of $2,040 when his name is recorded in the roll maintained under paragraph (2). (L.N. 181 of 1989; L.N. 599 of 1994; L.N. 11 of 1997; L.N. 315 of 2000; L.N. 82 of 2006; L.N. 132 of 2015) 
(5) The Registrar shall issue to each enrolled dental hygienist a certificate of enrolment in such form as may be determined by the Dental Council from time to time.

### Ancillary Dental Workers (Dental Hygienists) Regulations 《牙科輔助人員(牙齒衞生員)規例》

5. Disqualification order by Dental Council
(1) If the Dental Council is satisfied at any time by any complaint made to it or by any information received by it that an enrolled dental hygienist either does not hold the qualifications specified in regulation 3 or is not a fit and proper person to practise as a dental hygienist, it may—
(a) order that such enrolled person cease to practise as a dental hygienist; and 
(b) direct that the name of the person be deleted from the roll of dental hygienists maintained by the Registrar pursuant to regulation 4(2). 
(2) On being notified in writing of an order made by the Dental Council pursuant to paragraph (1), any dental hygienist against whom such an order has been made shall forthwith deliver to the Registrar the certificate issued to him pursuant to regulation 4(4). 
(3) Any person who contravenes paragraph (2) shall be guilty of an offence and shall be liable on conviction to a fine at level 1. (E.R. 4 of 2021)