Cap. 359 sub. leg. J

Physiotherapists (Registration and Disciplinary Procedure) Regulation(Cap. 359, section 29)(Enacting provision omitted— E.R. 1 of 2023) [1 April 1997] L.N. 7 of 1997(Format changes— E.R. 1 of 2023) Part I Preliminary 1. (Omitted as spent— E.R. 1 of 2023) 2. Interpretation In this Regulation, unless the context otherwise requires—Board (委員會) means the Physiotherapists Board established under section 5 of the Ordinance; Chairman of the Board (委員會主席)— (a) means the chairman of the Board appointed under section 5(3A) of the Ordinance; and (b) includes any person appointed to act as chairman of the Board under section 7(4) of the Ordinance; (33 of 2025 s. 158) Code of Practice (執業守則) means a Code of Practice prepared under section 26 of the Ordinance for physiotherapists; (33 of 2025 s. 158)Committee (小組) means a Preliminary Investigation Committee constituted under section 17; (33 of 2025 s. 158) complainant (申訴人) means any person from whom a complaint against or information in respect of— (a) a registered physiotherapist; or (b) an applicant for registration as a physiotherapist with full registration or provisional registration, (33 of 2025 s. 158) has been received by the Secretary under section 18; examination (考試) means an examination held under section 15A of the Ordinance;Legal Adviser (法律顧問) means a legal adviser to the Board appointed under section 5(4)(b) of the Ordinance; (33 of 2025 s. 158)notice of inquiry (研訊通知書) means a notice served in accordance with section 23;Part Ia physiotherapist (名列第Ia部的物理治療師) means a physiotherapist whose name is entered in Part Ia of the register and Part Ib physiotherapist (名列第Ib部的物理治療師) and Part II physiotherapist (名列第II部的物理治療師) shall be construed accordingly; (33 of 2025 s. 158)physiotherapist (物理治療師) means a person of the description referred to in item 3 of Schedule 1 to the Ordinance; (33 of 2025 s. 158)register (註冊名冊) means the register kept in pursuance of section 10 of the Ordinance for the profession of physiotherapists;respondent (答辯人) means a registered physiotherapist or an applicant for registration as a physiotherapist with full registration or provisional registration against or in respect of whom a complaint or information has been received by the Secretary under section 18; (33 of 2025 s. 158)Secretary (秘書) means the Secretary of the Board appointed under section 5(4)(a) of the Ordinance.(33 of 2025 s. 158) Part II Register and Certificates 3. Register (1) The register is to be in the specified form.(2) The register is to be divided into 4 parts, namely, Part I, Part II, Part III and Part IV.(3) Part I referred to in subsection (2) is to be subdivided into 2 parts, namely, Part Ia and Part Ib.(33 of 2025 s. 159) 4. Council to specify qualifications and experience (1) For the purposes of section 12(1)(a)(i) of the Ordinance, the Council may, by notice published in the Gazette, specify the qualification and (as the case requires) the experience required for registration as a physiotherapist with full registration.(2) For the purposes of section 5(1)(a), the Council may, by notice published in the Gazette, specify the qualification and experience required for a physiotherapist with full registration to be entered in Part Ia or Part Ib of the register.(3) The qualification specified in the notice under subsection (1) or (2) must be a qualification conferred or awarded by a university, school or institution in Hong Kong.(4) The qualification specified in the notice under subsection (2) must be the same qualification as that specified under subsection (1).(5) A notice published under subsection (1) or (2) is not subsidiary legislation.(33 of 2025 s. 160) 5. Entry in register (1) For the purposes of section 13(4) of the Ordinance, the Secretary must enter in Part Ia or Part Ib of the register the name of a physiotherapist registered under section 13 of the Ordinance according to—(a) the physiotherapist’s qualification and experience, and the notice published under section 4(2); or(b) the Council’s determination under section 12(1A) of the Ordinance.(2) For the purposes of section 13A(6) of the Ordinance, the Secretary must enter in Part III of the register the name of a physiotherapist registered under section 13A of the Ordinance.(3) For the purposes of section 13B(7) of the Ordinance, the Secretary must enter in Part IV of the register the name of a physiotherapist registered under section 13B of the Ordinance.(4) For the purposes of section 15(8) of the Ordinance, the Secretary must enter in Part II of the register the name of a physiotherapist registered under section 15 of the Ordinance.(33 of 2025 s. 161) 6. Restrictions on practice of physiotherapists (1) A physiotherapist must not provide any service of the physiotherapist’s profession to a person unless the person is on referral by any of the following persons (each an eligible referrer)—(a) a registered medical practitioner;(b) a registered Chinese medicine practitioner.(2) However, subsection (1) does not apply if—(a) the physiotherapist—(i) has obtained, or has been provided with, a certificate (or other document in writing)—(A) that was issued by an eligible referrer not more than 12 months earlier; and(B) that sets out the diagnosis of the person’s condition (diagnosed condition); and(ii) provides services only for the diagnosed condition;(b) the condition of the person is of a kind that is recognized by any clinical guideline as a kind for which the service of a physiotherapist’s profession may be provided without a referral;(c) the person is enrolled in a cross-disciplinary collaboration arrangement of the Primary Healthcare Commission under which a physiotherapist may provide the service of the physiotherapist’s profession to an enrolled person without a referral; or(d) the circumstances of the case fall within any of the specified circumstances in the Code of Practice that are considered an emergency situation, or that are considered to involve the provision of community services, in which, under the Code of Practice, the service of the physiotherapist’s profession may be provided without a referral.(3) If a physiotherapist provides any service of the physiotherapist’s profession to a person in the circumstance mentioned in subsection (2)(b), the physiotherapist must comply with the requirements set out in the clinical guideline.(4) If a physiotherapist provides any service of the physiotherapist’s profession to a person in the circumstance mentioned in subsection (2)(c), the physiotherapist must comply with the requirements set out in the guidelines published by the Primary Healthcare Commission for the cross-disciplinary collaboration arrangement.(5) A Part II physiotherapist must not practise otherwise than under the supervision of a Part Ia physiotherapist.(6) In this section—clinical guideline (臨牀指引) means a clinical guideline for engaging the professional service of a physiotherapist that—(a) is published by a referencing authority on the website, the intranet or a similar electronic network, of the referencing authority; and(b) states that it is published for the purposes of subsection (2)(b);referencing authority (參考機關) means—(a) the Department of Health;(b) the Hospital Authority;(c) the Primary Healthcare Commission; or(d) The Chinese Medicine Hospital of Hong Kong;registered Chinese medicine practitioner (註冊中醫) has the meaning given by section 2(1) of the Chinese Medicine Ordinance (Cap. 549).(33 of 2025 s. 162) 7. Application for full registration or provisional registration (33 of 2025 s. 163)(1)-(2) (Repealed 33 of 2025 s. 163)(3) The Secretary shall refer the application of a person claiming to be qualified to be registered—(a) under section 12(1)(a) or 15 of the Ordinance to the Board; and(b) under section 12(1)(b) or (c) of the Ordinance to the Council,as soon as practicable after receiving the application. 8. Consideration of an application by Council On receipt of an application under section 7(3)(b), the Council shall, as soon as practicable, consider it, and inform the Board whether the Council is satisfied that the applicant is qualified to be registered under section 12(1)(b) or (c) of the Ordinance. 9. (Repealed 33 of 2025 s. 164) 10. Examinations (1) An applicant to sit for an examination shall pay the fee prescribed in Schedule 3 as a condition of entry to the examination.(2) An examination may be written, oral or practical and shall be based upon such syllabus as the Board may from time to time determine, subject to the approval of the Council. (33 of 2025 s. 165)(3) The Board shall cause a candidate for an examination to be informed of his results after the completion of the examination. 11. Appeals Any appeal under section 15B of the Ordinance shall be in writing and shall be made within 14 days of the aggrieved person being notified of the Board’s decision. 12. (Repealed 33 of 2025 s. 166) 13. Certificate of standing or examination (1) A certificate of standing shall be in such form as the Board may determine.(2) A certificate issued by the Board in respect of any examination shall be in such form as the Board may determine. 14. (Repealed 33 of 2025 s. 167) 15. Fees The fees payable under the Ordinance and this Regulation shall be the fees specified in Schedule 3. 16. Exemptions (1) Any person of the description mentioned in column 2 of Part 1 of Schedule 4 is exempt from the section of the Ordinance specified in column 3 of that Schedule opposite such description.(2) Any person of the description mentioned in column 2 of Part 2 of Schedule 4 is, subject to the conditions specified in subsection (3), exempt from the section of the Ordinance specified in column 3 of that Schedule opposite such description.(3) The conditions referred to in subsection (2) are that—(a) the exempt person employs in connection with his practice of physiotherapy at least one Part Ia physiotherapist or Part Ib physiotherapist; and(b) the practice of physiotherapy by any Part II physiotherapist is carried on under the supervision of a Part Ia physiotherapist. Part III Proceedings Preparatory to Hearing by the Board 17. Preliminary Investigation Committee (1) For the purposes of performing the functions conferred upon it by the Ordinance and this Regulation, the Board may establish one or more Preliminary Investigation Committees, each consisting of— (33 of 2025 s. 168)(a) a Chairman who shall be a member of the Board nominated by the Board and appointed by the Chairman of the Board;(b) a Part Ia physiotherapist ordinarily resident in Hong Kong, not being a member of the Board, who is practising as a physiotherapist in the employment of the Government, the Hospital Authority or an institution in respect of which a grant is made directly or indirectly out of the general revenue, nominated by the Hong Kong Physiotherapy Association and appointed by the Chairman of the Board; and(c) a Part Ia physiotherapist ordinarily resident in Hong Kong, not being a member of the Board, who is practising as a physiotherapist other than as an employee of the Government, the Hospital Authority or an institution in respect of which a grant is made directly or indirectly out of the general revenue, nominated by the Hong Kong Physiotherapy Association and appointed by the Chairman of the Board.(2) Save as provided in Schedule 5 the members of a Committee hold office for 12 months but at the end of such period they may be renominated and reappointed.(3) Schedule 5 applies to a Committee.(33 of 2025 s. 168) 18. Submission of complaint or information (1) If—(a) a complaint is made to, or an information is received by, the Secretary in respect of a registered physiotherapist as to any one or more of the matters referred to in paragraphs (a), (b), (ba), (c), (d) and (e) of section 22(1) of the Ordinance; or(b) an information is received by the Secretary in respect of an applicant for registration as a physiotherapist with full registration or provisional registration as to any one or more of the matters referred to in paragraphs (a), (b) and (c) of section 13(3) of the Ordinance,the Secretary must submit the complaint or that information to the chairman of a Committee. (33 of 2025 s. 169)(2) In this Part, complaint (申訴) includes an information received by the Secretary under subsection (1)(a) or (b) and submitted under that subsection. (33 of 2025 s. 169) 19. Complaint touching conduct (1) If, in a complaint submitted by the Secretary to the chairman of a Committee under section 18, any allegation is made which, in the opinion of the chairman of the Committee, gives rise to a question whether— (33 of 2025 s. 170)(a) a registered physiotherapist falls within the description of any one or more of the matters referred to in paragraphs (a), (b), (ba), (c), (d) and (e) of section 22(1) of the Ordinance; or(b) an applicant for registration as a physiotherapist with full registration or provisional registration falls within the description of any one or more of the matters referred to in paragraphs (a), (b) and (c) of section 13(3) of the Ordinance,the chairman of the Committee may require that the complaint be formulated in writing setting out the grounds thereof and, except where the complaint is in writing under the hand of a public officer, supported by one or more statutory declarations as to the facts of the case. (33 of 2025 s. 170)(2) Each statutory declaration referred to in subsection (1)—(a) shall state the address and description of the declarant; and(b) if any fact declared is not within the personal knowledge of the declarant, shall state the source of the declarant’s information and the ground for his belief in the truth of the facts. 20. Reference of complaint (1) On receiving a complaint submitted under section 18, the chairman of the Committee must— (33 of 2025 s. 171)(a) if satisfied that the complaint is frivolous or groundless and should not proceed further—dismiss the complaint; and(b) in any other case—(i) direct the Secretary that the complaint be referred to the Committee to consider whether it should be referred to the Board for inquiry; and(ii) fix a date for the meeting of the Committee to consider the complaint. (33 of 2025 s. 171)(2) If the Secretary is directed to refer a complaint to the Committee under subsection (1)(b), the Secretary must— (33 of 2025 s. 171)(aa) refer the complaint to the Committee; (33 of 2025 s. 171)(a) notify the respondent of the receipt of the complaint;(b) inform him of the substance thereof;(c) forward to him a copy of any statutory declaration furnished under section 19(1);(d) inform him of the date fixed for the meeting of the Committee to consider the complaint; and(e) 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 Committee (1) The Secretary shall, at the meeting at which a complaint is considered by a Committee, 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. (33 of 2025 s. 172)(2) The Committee shall consider any document or matter put before it under subsection (1) and, subject to subsection (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 subsection (2), the Committee may cause to be made such further investigation and may obtain such additional advice or assistance as it considers necessary. 22. Determination of Committee that no inquiry be held If a 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.(33 of 2025 s. 173) 23. Determination of Committee that inquiry be held (1) If a 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 held. (33 of 2025 s. 174)(2) Where a matter is referred to the Board under subsection (1), 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) a notice of inquiry in the specified form; and (33 of 2025 s. 174)(b) a copy of this Regulation.(3) 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 to be held.(4) 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.(5) Service of a notice of inquiry on the respondent shall be by registered post addressed to him at his address last known to the Secretary.(6) Within the time stipulated for service of the notice of inquiry, the Secretary shall send a copy of the notice of inquiry to the complainant, if any. 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 the complainant, if any. 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 inquiry. 26. Documents to be available to each party The Secretary on the request of the respondent or of any 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. 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 the complainant, if any. Part IV Proceedings at Hearing of the Board 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 section 31. (L.N. 89 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. 89 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 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 section 23(5) 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. 33. Objections on point of law (1) After the reading of the notice of inquiry the respondent, or his counsel or solicitor, may object to any charge or allegation, as the case may be, on a point of law and the Secretary and any other party to the inquiry may reply thereto and, if the Secretary or any party replies to that objection, the respondent, or his counsel or solicitor, shall be permitted to answer such reply.(2) If such objection is upheld by the Board the charge or allegation to which such objection relates shall be considered only subject to such objection. 34. Order of procedure before Board (1) After the reading of the notice of inquiry the order of procedure set out in subsections (2), (3), (4), (5), (6), (7) and (8) shall be observed.(2) The complainant, or his counsel or solicitor, or in their absence, or if there is no complainant, the Secretary, shall present the case against the respondent, adduce the evidence in support thereof and then close the case against the respondent.(3) At the close of the case against the respondent, he or his counsel or solicitor may make either or both of the following submissions in relation to any charge or allegation in respect of which evidence has been adduced—(a) that sufficient evidence has not been adduced upon which the Board can find that the facts alleged in the complaint have been proved;(b) that the facts alleged in the complaint are not such as to constitute the offence charged or the allegation made against the respondent.(4) Where a submission under subsection (3) is made, a reply thereto may be made by the complainant, or by his counsel or solicitor, or in their absence by the Secretary, and the respondent may answer such reply.(5) The Board shall determine whether the submission made under subsection (3) shall be upheld and the Chairman of the Board shall announce the determination of the Board.(6) If the Board—(a) upholds the submission in respect of any charge or allegation, the finding shall be recorded that the respondent is not guilty on that charge or allegation;(b) rejects the submission, the Chairman of the Board shall call upon the respondent to state his case.(7) When called upon to state the case, the respondent, or his counsel or solicitor, may adduce evidence in support of his case and may address the Board once, either before or after adducing evidence.(8) At the conclusion of the case of the respondent, the complainant, or his counsel or solicitor, or in their absence the Secretary, may address the Board in reply—(a) if any evidence other than the respondent’s own evidence was adduced on the respondent’s behalf; or(b) with the special leave of the Board. 35. Determination by Board or postponement to future meeting At the conclusion of the proceedings the Board shall either—(a) determine whether the facts alleged in any charge or allegation have been proved to its satisfaction and whether the respondent is guilty as alleged or charged; or(b) postpone its determination to a future meeting to be held on a date to be decided by the Board,and the Chairman of the Board shall announce the decision of the Board. 36. Notification of future meeting (1) Where the Board decides to postpone its determination to a future meeting, the Secretary shall, not less than 1 week before the date fixed for such future meeting, serve on the respondent a notice specifying the date, time and place fixed for the meeting of the Board and invite the respondent to appear at such meeting.(2) A notice under subsection (1) shall be served by registered post addressed to the respondent at his address last known to the Secretary, and a copy of the notice shall be sent to the complainant, if any. 37. Determination by Board at future meeting At any future meeting of the Board referred to in section 35(b), the Board shall determine whether the facts alleged in any charge or allegation have been proved to its satisfaction and whether the Board finds the respondent guilty as alleged or charged and the Chairman of the Board shall announce the Board’s determination. 38. Making of an order or postponement to future meeting Where the Board makes a finding of guilt or that any allegation against the respondent has been proved under section 35(a) or 37, it shall—(a) if the respondent is a registered person, subject to section 41, make an order; and(b) if the respondent is an applicant for full registration or provisional registration, subject to section 41, decide whether to reject the respondent’s application for registration; or (33 of 2025 s. 175)(c) postpone to a future meeting to be held on a date to be decided by the Board, the making of an order under paragraph (a) or a decision under paragraph (b),and the Chairman of the Board shall announce the decision of the Board. 39. Notification of future meeting (1) Where the Board postpones to a future meeting the making of an order or a decision under section 38, the Secretary shall, not less than 1 week before the date fixed for such meeting, serve on the respondent a notice specifying the date, time and place fixed for the meeting and inviting him to appear at the meeting.(2) A notice under subsection (1) shall be served by registered post addressed to the respondent at his address last known to the Secretary, and a copy of the notice shall be sent to the complainant, if any. 40. Making of order at future meeting At any future meeting referred to in section 38, the Board shall, subject to section 41—(a) if the respondent is a registered person, determine the order to be made; and(b) if the respondent is an applicant for full registration or provisional registration, decide whether to reject his application for registration, (33 of 2025 s. 176)and the Chairman of the Board shall announce the determination or decision of the Board. 41. Opportunity for mitigation (1) At any meeting of the Board at which the Board proposes to make in respect of a respondent an order or a decision to reject the respondent’s application for registration, before the order or decision is made, an opportunity shall be given to the respondent or his counsel or solicitor to make a statement in mitigation and to adduce evidence as to the circumstances leading to the commission of the offence or the conduct complained of and as to the character and antecedents of the respondent. (33 of 2025 s. 177)(2) At any meeting referred to in subsection (1), before the order or decision of the Board is made—(a) the Secretary or any other person presenting the case against the respondent may, if the respondent has been the subject of a previous order, produce to the Board the records of the meeting at which that order was made; and(b) the respondent, in person or by his counsel or solicitor, may make a statement by way of mitigation and adduce evidence as to the circumstances leading to the previous order. 42. Evidence (1) Evidence may be taken by the Board by oral statement on oath or by written deposition or statement.(2) A summons under section 23(1)(b) of the Ordinance to any person requiring him to attend an inquiry to give evidence or produce any document or other thing in his possession must be in the specified form. (33 of 2025 s. 178)(3) Every witness shall be examined by the party producing him and may then be cross-examined by the other party and may be re-examined by the party producing that witness only upon matters arising out of the cross-examination.(4) The Board may refuse to admit the evidence of any deponent to a document who is not present for, or who refuses to submit to, cross-examination.(5) The Chairman of the Board, and members of the Board through the Chairman of the Board, may put such questions to the parties or to any witness as they see fit, and the other parties may then re-examine such party or witness on matters arising out of such questioning. 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 a determination of the Board declared under subsection (1) 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 a Legal Adviser shall be present when the Board votes on any matter. (33 of 2025 s. 179) Part V Duties of Legal Adviser 44. Inquiry by Board A 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 no Legal Adviser is present.(33 of 2025 s. 180) 45. Ordinary meetings of Board The Chairman of the Board may give to a Legal Adviser prior notice that his advice may be required at any meeting of the Board, other than an inquiry under section 13 or 22 of the Ordinance, or at any meeting of a Committee and, if such notice is given, the Legal Adviser shall be present at such meeting.(33 of 2025 s. 181) 46. Advice by Legal Adviser (1) When a 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. (33 of 2025 s. 182)(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. Part VI Miscellaneous 47. Application to section 13(3) inquiry Where specific provision has not been made in this Regulation 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. Schedule 1 (Repealed 33 of 2025 s. 183) Schedule 2 (Repealed 33 of 2025 s. 183) Schedule 3 [ss. 10 & 15]Fees Item Particulars Fee $ 1. Full registration under section 13 of the Ordinance (33 of 2025 s. 184) 3,020 1A. Limited registration under section 13A of the Ordinance (33 of 2025 s. 184) 3,020 2. (Repealed 33 of 2025 s. 184) 3. Application for a practising certificate (33 of 2025 s. 184) 540 4. Certified copy of a certificate of registration under section 14(3) of the Ordinance 655 5. Duplicate certificate of registration under section 14(7) of the Ordinance 845 6. Restoration to the register under section 10(5) of the Ordinance 1,450 7. Certificate of standing under section 14A of the Ordinance 1,710 8. Examination fee for any examination conducted under section 15A of the Ordinance 6,050 9. Certificate verifying registration under section 14A of the Ordinance 1,300 (L.N. 322 of 2000; L.N. 91 of 2006; L.N. 141 of 2015; 33 of 2025 s. 184) Schedule 4 [s. 16]Exemptions from the Ordinance Item Person Exempt Exempt Section Part 1 1. A registered medical practitioner while practising medicine 21(1) 2. A registered dentist as defined by section 2(1) of the Dentists Registration Ordinance (Cap. 156) while practising dentistry (22 of 2024 s. 131) 21(1) 3. A student in the course of undergoing any course in medicine at a university specified in Schedule 1 to the Medical Registration Ordinance (Cap. 161) or in dentistry at a university specified in Schedule 1 to the Dentists Registration Ordinance (Cap. 156) (33 of 2025 s. 185) 21(1) 3A. A student in the course of undergoing any course for the programme that is for the conferment or award of— 21(1) (a) any of the qualifications specified under section 4(1); or (b) a qualification under consideration by the Council for specification under section 4(1), at the university, school or institution operating that programme (33 of 2025 s. 185) 4. A veterinary surgeon registered under the Veterinary Surgeons Registration Ordinance (Cap. 529) in relation to any treatment by him of an animal (L.N. 6 of 1999) 21(1) and (2) Part 2 5. A day procedure centre, or clinic, within the meaning of the Private Healthcare Facilities Ordinance (Cap. 633) and operated by an individual person licensed to operate it under that Ordinance (34 of 2018 s. 179 and E.R. 5 of 2018) 21(1) 5A. A scheduled nursing home within the meaning of the Private Healthcare Facilities Ordinance (Cap. 633) for which an exemption granted to an individual person under section 128 of that Ordinance is in force (34 of 2018 s. 179 and E.R. 5 of 2018) 21(1) 5B. A nursing home within the meaning of the Residential Care Homes (Elderly Persons) Ordinance (Cap. 459) for which a licence issued or renewed to an individual person under that Ordinance is in force (34 of 2018 s. 179) 21(1) 6. A private healthcare facility within the meaning of the Private Healthcare Facilities Ordinance (Cap. 633) and operated by a corporation licensed to operate it under that Ordinance (34 of 2018 s. 179 and E.R. 5 of 2018) 20 and 21(1) 6A. A scheduled nursing home within the meaning of the Private Healthcare Facilities Ordinance (Cap. 633) for which an exemption granted to a corporation under section 128 of that Ordinance is in force (34 of 2018 s. 179 and E.R. 5 of 2018) 20 and 21(1) 6B. A nursing home within the meaning of the Residential Care Homes (Elderly Persons) Ordinance (Cap. 459) for which a licence issued or renewed to a corporation under that Ordinance is in force (34 of 2018 s. 179) 20 and 21(1) 7-8. (Repealed 34 of 2018 s. 179) 9. A medical clinic carried on by an individual person and registered under the Medical Clinics Ordinance (Cap. 343) 21(1) 10. A medical clinic carried on by a corporation and registered under the Medical Clinics Ordinance (Cap. 343) 20 and 21(1) 11. The Chinese Medicine Hospital of Hong Kong (15 of 2025 s. 3; 33 of 2025 s. 185) 20 and 21(1) Schedule 5 [s. 17]Preliminary Investigation Committee 1. Member ceasing to be member on becoming member of Board A member of a Committee other than the chairman of a Committee who during the period of his office becomes a member of the Board shall cease to be a member of the Committee.(33 of 2025 s. 186) 2. Appointment of acting Chairman If the chairman of a Committee is or will be unable temporarily to exercise his functions another member of the Board may be nominated by the Board and appointed by the Chairman of the Board to act during the period of his appointment, as chairman of the Committee.(33 of 2025 s. 186) 3. Appointment of acting member If a member of a Committee is or will be unable temporarily to exercise his functions as a member of the Committee, a person satisfying the same criteria as applied to the appointment of that member may be nominated by the Hong Kong Physiotherapy Association and appointed by the Chairman of the Board to act during the period of his appointment, for that member.(33 of 2025 s. 186) 4. Effect of lapse or termination of appointment If at the time a Committee is considering any complaint or information under this Regulation—(a) the appointment of any person to be the chairman or a member of the Committee lapses by virtue of section 17 of this Regulation or terminates by operation of section 1 of this Schedule; or(b) the appointment of any person under section 2 or 3 of this Schedule lapses,then if such person is not thereupon elected or re-elected or appointed or reappointed, as the case may be, to be the chairman or a member of the Committee, the chairmanship or membership of such person shall continue by virtue of this section for the purposes of the consideration of such complaint or information by the Committee, but for no other purpose, until the Committee has discharged its functions in respect of such complaint or information.(33 of 2025 s. 186) 5. Resignation by chairman and member of Committee (33 of 2025 s. 186)(1) The chairman or a member of a Committee may at any time resign from the Committee by notice in writing addressed to the Secretary, save that, if at the time such notice is given the Committee is considering any complaint or information, the person so resigning shall, if so required by the Chairman of the Board, continue to be the chairman or member of the Committee for the purposes of the consideration of such complaint or information but for no other purpose, until the Committee has discharged its functions in respect of the complaint or information. (33 of 2025 s. 186)(2) Section 17 of this Regulation shall apply to any vacancy arising from any resignation under this section as if the vacancy had occurred by effluxion of time. 6. Chairman or member of Committee attending Board meeting The chairman of a Committee shall not and no member of the Committee shall attend any meeting of the Board as a member of the Board during the hearing or determination of any complaint or information against any person which is referred to the Board by the Committee for determination if such member has attended any meeting of the Committee at which such complaint or information was considered.(33 of 2025 s. 186) 7. Meetings of Committee (1) A Committee is to meet from time to time as directed by the chairman of the Committee who may at any time adjourn any meeting of the Committee.(2) Save as otherwise provided in the Ordinance the chairman of a Committee shall determine the procedure to be adopted at any meeting.(33 of 2025 s. 186)