### Social Workers Registration Ordinance 《社會工作者註冊條例》

33. Appeal to Court of Appeal
(1) Any person who is aggrieved by—
(a) any decision made in respect of him under section 19(1), 20(4) or 27(8); or
(b) any disciplinary order made in respect of him,
may appeal to the Court of Appeal.
(2) The Court of Appeal may affirm, reverse or vary the decision or disciplinary order appealed against.
(3) Where a person appeals against a decision of the Board under section 27(8) or a disciplinary order, the Court of Appeal shall consider the reasons of the disciplinary committee and of the Board and submissions upon the findings of fact and law of the disciplinary committee made on behalf of the parties to the inquiry and may call for the original record of the evidence taken and any document put in evidence before the disciplinary committee.
(4) The Court of Appeal may, upon special grounds being shown, consider any additional evidence not adduced before the disciplinary committee.
(5) (Repealed 10 of 2005 s. 109)(6) The practice in relation to any appeal shall be subject to any rules of court made under the High Court Ordinance (Cap. 4). (Amended 25 of 1998 s. 2)
(7) The Court of Appeal shall not have power to hear any appeal against—
(a) a decision made under section 19(1), 20(4) or 27(8); or
(b) a disciplinary order,
unless notice of such appeal is given within 3 months of—
(i) in the case of paragraph (a), notification of the decision having been given to the person the subject of the decision;
(ii) in the case of paragraph (b), the service of the disciplinary order under section 31 or, where section 30(1)(d) is applicable, the date on which the admonition concerned is given.
(8) In deciding any appeal under this section the Court of Appeal may make such order for payment of costs as it considers reasonable.

### Social Workers Registration Ordinance 《社會工作者註冊條例》

35. Offences and penalties
Any person who—
(a) having been summoned by a disciplinary committee to attend as a witness or to provide a document or other thing under section 29(1)(b) without reasonable excuse refuses or fails to do so;
(b) attends as a witness before a disciplinary committee and, without lawful excuse, refuses or fails to answer any question put to him by the disciplinary committee;
(c) fraudulently obtains registration as a registered social worker, registered social worker (category 1) or registered social worker (category 2) for himself or any other person;
(d) obtains registration as a registered social worker, registered social worker (category 1) or registered social worker (category 2) for himself or any other person by means of any misleading, false or fraudulent representation or statement, either oral or in writing;
(e) makes or causes to be made any falsification in the Register;
(f) impersonates or falsely represents himself as being the person referred to in any certificate or document presented to the Board or a disciplinary committee in connection with its functions under this Ordinance;
(g) falsely takes or uses any name, initials, title, addition or description indicating that his name is entered in the Register;
(h) not being a registered social worker (but without prejudice to the operation of section 34(3) and (4)), knowingly permits the use of, or uses, in connection with his business or profession—
(i) the description “registered social worker” or “註冊社會工作者”;
(ii) the initials “R.S.W.”;
(iii) the description “social work” or “社會工作” or “social worker” or “社會工作者” or “社工”; or
(iv) any initials or abbreviations of words intended to cause, or which may reasonably cause, any person to believe that the person using the initials or abbreviations, as the case may be, is on the Register;
(i) not being on the Register, advertises or represents himself as a registered social worker or knowingly permits himself to be so advertised or represented;
(j) holds himself out to be ordinarily resident in Hong Kong at the time of making application for registration when he is not so ordinarily resident; or
(k) without reasonable excuse, refuses or fails to return his certificate to the Registrar in accordance with section 22(6),
commits an offence and is liable on conviction to a fine at level 5 and, in the case of paragraph (c), (d), (e) or (f), to imprisonment for 1 year.

36. Certificate as evidence
A certificate, purporting to be signed by the Registrar, that the name of a person has or has not been entered in or has been removed from the Register shall for all purposes, without further proof, be evidence of the facts stated in the certificate.

### Social Workers Registration Ordinance 《社會工作者註冊條例》

37. Power of Board to specify forms
(1) Subject to subsection (2), the Board may specify the form of any document required under this Ordinance to be in the specified form and the form of such other documents required for the purposes of this Ordinance as it thinks fit.
(2) The Board’s power under subsection (1) shall be subject to any express requirement under this Ordinance for a form, whether specified or otherwise, to comply with that requirement, but that requirement shall not restrict the exercise of that power in respect of that form to the extent that, in the opinion of the Board, its exercise of that power in respect of that form does not contravene that requirement.
(3) For the avoidance of doubt, it is hereby declared that the Board’s power under subsection (1) may be exercised in such a way as to—
(a) include (whether by way of attachment or otherwise) in the specified form of any document referred to in that subsection a statutory declaration—
(i) to be made by the person completing the form; and
(ii) as to whether the particulars contained in the form are true and correct to the best of that person’s knowledge and belief;
(b) specify 2 or more forms of any document referred to in that subsection, whether as alternatives, or to provide for particular circumstances or particular cases, as the Board thinks fit.
(4) A form specified under this section shall be—
(a) completed in accordance with such directions and instructions as are specified in the form;
(b) accompanied by such documents as are specified in the form; and
(c) if the completed form is required to be provided to the Board or any other person, so provided in the manner, if any, specified in the form.
(5) The Board shall exercise its power under this section in such a way as to require a person seeking to be registered as a registered social worker to make a statutory declaration as to—
(a) whether he has been convicted of any offence, whether in Hong Kong or elsewhere;
(b) if he has been so convicted, the nature of each such offence.
(6) In this section, document (文件) includes any accounts, application, notice and certificate.