Cap. 156 - Dentists Registration Ordinance

To provide for a regulatory framework in respect of the practice of dentistry. (Amended 22 of 2024 s. 3)[1 October 1959] G.N.A. 60 of 1959(Format changes—E.R. 7 of 2020) Part 1 Preliminary (Added 22 of 2024 s. 4) 1. Short title This Ordinance may be cited as the Dentists Registration Ordinance. 2. Interpretation (Note : Amendments made by the Dentists Registration (Amendment) Ordinance 2024 (22 of 2024) to this provision are partially commenced—see L.N. 146 of 2024 and L.N. 183 of 2024.)(1) In this Ordinance, unless the context otherwise requires—Academy of Medicine (醫學專科學院) means the Hong Kong Academy of Medicine established under the Hong Kong Academy of Medicine Ordinance (Cap. 419); (Added 11 of 2006 s. 3)Chairperson (牙管會主席) means the Chairperson of the Council elected under section 4AAE(1) and includes a person elected under section 4AAE(5)(b) to act in the place of the Chairperson; (Added 22 of 2024 s. 5)complainant (申訴人) means any person from whom a complaint or information has been received in accordance with regulations made under section 29; (Added 12 of 1968 s. 2. Amended 22 of 2024 s. 5)Continuing Professional Development Committee (持續專業發展委員會) means the committee established under section 5AC(2)(c); (Added 22 of 2024 s. 5)Council (牙管會) means the Dental Council of Hong Kong established under section 4; (Amended 22 of 2024 s. 5)dangerous drugs (危險藥物) means any drug to which the Dangerous Drugs Ordinance (Cap. 134) applies;due inquiry (適當的研訊) means an inquiry by the Council conducted substantially in accordance with the procedure provided by regulations made under section 29(1C)(d)(v); (Amended 12 of 1968 s. 2; 80 of 1997 s. 5)Education and Accreditation Committee (教育及評審委員會) means the committee established under section 5AC(2)(a); (Added 11 of 2006 s. 3. Amended 22 of 2024 s. 5)Examination Committee (考試委員會) means the committee established under section 5AC(2)(b); (Added 22 of 2024 s. 5)full registration (正式註冊)—see section 2B(a); (Added 22 of 2024 s. 5)function (職能) means a duty or a power; (Added 22 of 2024 s. 5)General Register (普通科名冊) means the register of dentists kept under section 7(1); (Added 11 of 2006 s. 3)Hospital Authority (醫院管理局) means the Hospital Authority established by section 3 of the Hospital Authority Ordinance (Cap. 113); (Added 22 of 2024 s. 5)lay person (業外人士) means a person who is not any of the following—(a) a registered dentist;(b) a person deemed to be a registered dentist under this Ordinance;(c) a person with provisional registration; (Added 22 of 2024 s. 5)Legal Adviser (法律顧問) means a Legal Adviser to the Council appointed under section 4AAF(1)(b); (Replaced 22 of 2024 s. 5)Licensing Examination (許可試) means the examination set under section 7A; (Added 34 of 1995 s. 2. Amended 22 of 2024 s. 5)limited registration (有限度註冊)—see section 2B(c); (Added 22 of 2024 s. 5)Medical Council (醫務委員會) means the Medical Council of Hong Kong established under section 3 of the Medical Registration Ordinance (Cap. 161);mental hospital (精神病院) has the meaning given by section 2(1) of the Mental Health Ordinance (Cap. 136); (Added 22 of 2024 s. 5)non-practising list (非執業名單) means the list mentioned in section 7(1B)(b); (Added 22 of 2024 s. 5)practice address (執業地址), in relation to a registered dentist, means—(a) subject to paragraph (b), an address provided by the dentist under section 12G(2); or(b) if a change of the address is reported under section 12G(5)—the address as changed; (Added 22 of 2024 s. 5)practising dentistry (從事牙科執業)—see section 2A; (Added 22 of 2024 s. 5)practising list (執業名單) means the list mentioned in section 7(1B)(a); (Added 22 of 2024 s. 5)Preliminary Investigation Committee (初步調查委員會) means a committee established under section 5AC(2)(e); (Amended & replaced 22 of 2024 s. 5)premises (處所) includes any place and, in particular, includes the following—(a) any land or building;(b) any vehicle or vessel (other than a sea-going ship as defined in the Merchant Shipping (Seafarers) Ordinance (Cap. 478));(c) any part of any land or building or of any vehicle or vessel mentioned in paragraph (a) or (b); (Added 22 of 2024 s. 5)prescribed (訂明) means provided by regulations made under section 29;prescribed fee (訂明費用), in relation to a matter, means the fee prescribed for the matter; (Added 22 of 2024 s. 5)provisional registration (臨時註冊)—see section 2B(b); (Added 22 of 2024 s. 5)qualifying degree in dentistry (合資格牙醫學位) means a bachelor degree in dentistry awarded by a university in Hong Kong specified in Schedule 1; (Added 22 of 2024 s. 5)registered address (註冊地址)—(a) in relation to a registered dentist or a person with provisional registration, means—(i) subject to subparagraph (ii), an address provided by him or her under section 12G(1); or(ii) if a change of the address is reported under section 12G(5)—the address as changed; and (Replaced 22 of 2024 s. 5)(b) (Addition not yet in operation—see 22 of 2024 s. 5)registered dentist (註冊牙醫) means—(a) a person with full registration;(b) a person with limited registration;(c) a person with temporary registration;(d) a person with special registration; or(e) a person with provisional registration (to the extent that the person is treated as a registered dentist under section 7G); (Replaced 22 of 2024 s. 5)registered specialist dentist (註冊專科牙醫) means a person whose name is contained in the Specialist Register; (Added 22 of 2024 s. 5)registrant (註冊人) means—(a) a registered dentist;(b) a person with provisional registration; or (Added 22 of 2024 s. 5)(c) (Addition not yet in operation—see 22 of 2024 s. 5)Registrar (註冊主任) means the Registrar of Dentists as provided for under section 6;registration (註冊)—see section 2D; (Added 22 of 2024 s. 5)retention certificate (保留證明書) means a certificate issued under section 12I(3); (Added 22 of 2024 s. 5)Schedule 4 institution (附表4機構) means an institution specified in Schedule 4; (Added 22 of 2024 s. 5)Schedule 5 institution (附表5機構) means an institution specified in Schedule 5; (Added 22 of 2024 s. 5)Schedule 6 institution (附表6機構) means an institution specified in Schedule 6; (Added 22 of 2024 s. 5)Schedule 7 institution (附表7機構) means an institution specified in Schedule 7; (Added 22 of 2024 s. 5)Secretary (秘書) means the Secretary of the Council appointed under section 4AAF(1)(a); (Added 12 of 1968 s. 2. Amended 11 of 2006 s. 3; 22 of 2024 s. 5)special registration (特別註冊)—see section 2B(e); (Added 22 of 2024 s. 5)Specialist Register (專科名冊) means the register of specialist dentists kept under section 7(3); (Added 11 of 2006 s. 3. Amended 22 of 2024 s. 5)specified form (指明格式) means a form specified under section 29A; (Added 22 of 2024 s. 5)temporary registration (暫時註冊)—see section 2B(d); (Added 22 of 2024 s. 5)unprofessional conduct (不專業行為), in relation to a person, means an act or omission of the person that would reasonably be regarded as disgraceful or dishonourable by registrants of good repute and competency. (Added 22 of 2024 s. 5)(Amended 11 of 2006 s. 3; 22 of 2024 s. 5)(2) (Repealed 22 of 2024 s. 5)(3) For the purposes of sections 15(8)(b), 15A(7)(b), 15K(9)(b), 18(5), 18A(3)(a) and 22(3)(b), an appeal to the Court of Appeal is deemed to be finally determined when the earliest of the following events occurs, whichever is applicable in the circumstances— (Amended 11 of 2006 s. 3; 22 of 2024 s. 5)(a) when the appeal to the Court of Appeal is withdrawn or abandoned;(b) when the specified period expires without an application for leave to appeal having been made to the Court of Appeal;(c) if, before the expiry of the specified period, an application for leave to appeal is made to the Court of Appeal—(i) when the application is withdrawn or abandoned;(ii) if the application is refused, when the specified period expires without an application for leave to appeal having been made to the Court of Final Appeal; or(iii) if the application is granted, when the appeal to the Court of Final Appeal is withdrawn, abandoned or disposed of; or(d) if, before the expiry of the specified period, an application for leave to appeal is made to the Court of Final Appeal—(i) when the application is withdrawn, abandoned or refused; or(ii) if the application is granted, when the appeal to the Court of Final Appeal is withdrawn, abandoned or disposed of. (Added 10 of 2005 s. 54)(4) In subsection (3)—application for leave to appeal (上訴許可申請) means an application made to the Court of Appeal or the Court of Final Appeal under section 24 of the Hong Kong Court of Final Appeal Ordinance (Cap. 484) for leave to appeal to the Court of Final Appeal from a judgment of the Court of Appeal; specified period (指明限期)— (a) in the case of an application for leave to appeal made to the Court of Appeal, means—(i) subject to subparagraph (ii), the period of 28 days within which the notice of motion referred to in section 24(2) of the Hong Kong Court of Final Appeal Ordinance (Cap. 484) is required to be filed; or(ii) if, on an application made within the 28-day period referred to in subparagraph (i), the Court of Appeal extends that period, the period as so extended; or (b) in the case of an application for leave to appeal made to the Court of Final Appeal, means—(i) subject to subparagraph (ii), the period of 28 days within which the notice of motion referred to in section 24(4) of the Hong Kong Court of Final Appeal Ordinance (Cap. 484) is required to be filed; or(ii) if, on an application made within the 28-day period referred to in subparagraph (i), the Court of Final Appeal extends that period, the period as so extended. (Added 10 of 2005 s. 54) (5) (Repealed 22 of 2024 s. 5)(6) For the purposes of this Ordinance, a complaint or information involves a suitability issue if the complaint or information concerns the question of whether the name of a registered dentist should be included in, or removed from, the Specialist Register. (Added 11 of 2006 s. 3) 2A. Meaning of practising dentistry etc. For the purposes of this Ordinance—(a) a person practises dentistry if, for the purpose of gain or otherwise—(i) the person provides, or attempts to provide, any one or more of the services specified in Schedule 2; or(ii) (Addition not yet in operation—see 22 of 2024 s. 6)(b) references to dentist, dentistry and the carrying on of the practice of dentistry are to be construed accordingly.(Added 22 of 2024 s. 6) 2B. References relating to registration of dentists For the purposes of this Ordinance—(a) a person with full registration is a person whose name is contained in Part 1 of the General Register;(b) a person with provisional registration is a person whose name is contained in Part 2 of the General Register;(c) a person with limited registration is a person whose name is contained in Part 3 of the General Register;(d) a person with temporary registration is a person whose name is contained in Part 4 of the General Register; and(e) a person with special registration is a person whose name is contained in Part 5 of the General Register,and references to full registration, provisional registration, limited registration, temporary registration and special registration are to be construed accordingly.(Added 22 of 2024 s. 6) 2D. References relating to registration and related expressions For the purposes of this Ordinance—(a) a person is registered if the person is—(i) a person with full registration, a person with provisional registration, a person with limited registration, a person with temporary registration or a person with special registration; or(ii) (Addition not yet in operation—see 22 of 2024 s. 6)(b) references to registration are references to registration under this Ordinance.(Added 22 of 2024 s. 6) Part 2 Restrictions on Practising Dentistry (Added 22 of 2024 s. 7) 3. Restrictions on practising dentistry (Amended 22 of 2024 s. 8)(1) Subject to the provisions of any regulations made under section 29(1A)(d), a person, not being a registered dentist or a person with provisional registration, who— (Amended 80 of 1997 s. 6; 22 of 2024 s. 8)(a) practises dentistry, or holds himself or herself out (whether directly or by implication) as being qualified to practise dentistry, within Hong Kong commits an offence and is liable— (Amended 22 of 2024 s. 8)(i) on summary conviction to a fine at level 6 and to imprisonment for 3 years; or(ii) on conviction upon indictment to imprisonment for 5 years; or(b) practises dentistry on a person within Hong Kong which results in personal injury to that person commits an offence and is liable—(i) on summary conviction to a fine of $200,000 and to imprisonment for 3 years; or(ii) on conviction upon indictment to imprisonment for 7 years. (Amended 12 of 1968 s. 3; 79 of 1984 s. 7; 68 of 1986 s. 9; 80 of 1997 s. 89) (1A) (Addition not yet in operation—see 22 of 2024 s. 8)(1B) If a person commits an offence under subsection (1) while acting as an employee of another person (employer), the employer also commits an offence and is liable on summary conviction to a fine at level 6 and to imprisonment for 3 years. (Added 22 of 2024 s. 8)(1C) If an employer is charged with an offence under subsection (1B) because of an offence under subsection (1) (specified offence), it is a defence for the employer to establish that—(a) the specified offence was committed without the employer’s knowledge; and(b) the employer exercised all due diligence to prevent the commission of the specified offence. (Added 22 of 2024 s. 8)(1D) An employer may commit an offence under subsection (1B) whether or not the employee has been prosecuted for, or convicted of, the specified offence. (Added 22 of 2024 s. 8)(1E) An employer charged with an offence under subsection (1B) is taken to have established a matter that needs to be established for a defence under subsection (1C) if—(a) there is sufficient evidence to raise an issue with respect to the matter; and(b) the contrary is not proved by the prosecution beyond reasonable doubt. (Added 22 of 2024 s. 8)(2) Nothing in this section shall operate to prevent the extraction of teeth for the relief of pain, or the application of remedies for such purposes, by a medical practitioner registered under the Medical Registration Ordinance (Cap. 161).(3) For the purposes of this section a person who fraudulently procures himself to be registered under this Ordinance shall be deemed not to have been so registered. (Added 68 of 1986 s. 9) Part 3 Dental Council of Hong Kong (Added 22 of 2024 s. 9) 4. Establishment and composition of Dental Council (1) There shall be established within Hong Kong a council to be called the “Dental Council of Hong Kong”. (Amended 79 of 1984 s. 2; E.R. 7 of 2020)(2) The Council shall consist of—(a) the Registrar; (Replaced 4 of 1988 s. 3)(b) 1 consultant dental surgeon of the Dental Services of the Department of Health appointed by the Chief Executive; (Replaced 4 of 1988 s. 3. Amended L.N. 76 of 1989; 22 of 2024 s. 10)(ba) 1 registered dentist, who is a full-time member of the teaching staff of the Faculty of Dentistry of the University of Hong Kong, nominated by the University of Hong Kong and appointed by the Chief Executive; (Added 79 of 1984 s. 2. Amended 22 of 2024 s. 10)(c) 1 registered dentist nominated by the Board of Governors of The Prince Philip Dental Hospital and appointed by the Chief Executive; (Replaced 22 of 2024 s. 10)(d) 1 registered specialist dentist nominated by the Council of the Academy of Medicine and appointed by the Chief Executive; (Replaced 22 of 2024 s. 10)(e) 2 registered dentists nominated by the Council of the Hong Kong Dental Association and appointed by the Chief Executive; (Replaced 22 of 2024 s. 10)(f) 1 registered dentist, who satisfies the condition specified in subsection (3), nominated by the Council of the Hong Kong Dental Association and appointed by the Chief Executive; (Added 22 of 2024 s. 10)(g) (Addition not yet in operation—see 22 of 2024 s. 10)(h) 4 registered dentists appointed by the Chief Executive; (Added 22 of 2024 s. 10)(i) 2 registered medical practitioners appointed by the Chief Executive; (Added 22 of 2024 s. 10)(j) (Addition not yet in operation—see 22 of 2024 s. 10)(k) 5 lay persons appointed by the Chief Executive. (Added 22 of 2024 s. 10)(3) For the purposes of subsection (2)(f), the condition is that—(a) as at the date of nomination, the person has been, for at least 10 years in aggregate—(i) a person with full registration whose name is contained in the practising list; or(ii) a person whose name is contained in the form mentioned in regulation 3(a) of the Dentists (Registration and Disciplinary Procedure) Regulations (Cap. 156 sub. leg. A) as in force immediately before the commencement date* of section 35 of the Dentists Registration (Amendment) Ordinance 2024 (22 of 2024); or(b) the person—(i) is or was a member of the Council of the Hong Kong Dental Association elected in accordance with the articles of association of the Hong Kong Dental Association; and(ii) as at the date of nomination, has served as such a member for at least one full term. (Replaced 22 of 2024 s. 10)(4)-(5) (Repealed 22 of 2024 s. 10)(5A) (Repealed 22 of 2024 s. 10)(5B) (Repealed 22 of 2024 s. 10)(5C) (Repealed 22 of 2024 s. 10)(5D) (Repealed 22 of 2024 s. 10)(6) (Repealed 22 of 2024 s. 10) Editorial Note: * Commencement date: 1 January 2025. 4AA. Term of office (Note : Addition of this section by the Dentists Registration (Amendment) Ordinance 2024 (22 of 2024) is partially commenced—see L.N. 146 of 2024.)(1) Subject to subsection (2) and section 4AAB, a member of the Council described in section 4(2)(ba), (c), (d), (e), (f), (g), (h), (i), (j) or (k)—(a) holds office for 3 years beginning on the date of appointment, or a shorter period that the Chief Executive may determine at the time of appointment; and(b) is eligible for reappointment.(2) A member of the Council described in section 4(2)(b), (ba), (c), (d), (e), (f), (g), (h), (i), (j) or (k) may at any time resign by giving written notice to the Chairperson or the Secretary.(Added 22 of 2024 s. 11) 4AAB. Vacation of office (Note : Addition of this section by the Dentists Registration (Amendment) Ordinance 2024 (22 of 2024) is partially commenced—see L.N. 146 of 2024.)The Chief Executive may declare the office of a member of the Council to be vacant if the member—(a) is subject to a sentence of imprisonment for an offence;(b) is the subject of an order made under section 18 or 18A;(c) becomes bankrupt, or enters into a composition or arrangement with his or her creditors without paying them in full;(d) is detained in a mental hospital;(e) for a member described in section 4(2)(ba), (c), (d), (e), (f), (g) or (h)—no longer holds a valid practising certificate issued under section 11A; or(f) is, in the opinion of the Chief Executive, unable or unfit to perform the functions of the office.(Added 22 of 2024 s. 11) 4AAC. Appointment when vacancy arises during term of office (Note : Addition of this section by the Dentists Registration (Amendment) Ordinance 2024 (22 of 2024) is partially commenced—see L.N. 146 of 2024.)(1) (Addition not yet in operation—see 22 of 2024 s. 11)(2) (Addition not yet in operation—see 22 of 2024 s. 11)(3) If, during the term of office (original term) of a member of the Council described in section 4(2)(b), (ba), (c), (d), (e), (f), (h), (i) or (k), the office becomes vacant, the Chief Executive may make an appointment under that section to fill the vacancy.(4) A person appointed under subsection (1), (2) or (3) holds office until the end of the original term mentioned in that subsection.(5) In this section—qualified person (合資格人士) means a person with full registration whose name is contained in the practising list.(Added 22 of 2024 s. 11) 4AAD. Persons not eligible for appointment etc. (Note : Addition of this section by the Dentists Registration (Amendment) Ordinance 2024 (22 of 2024) is partially commenced—see L.N. 146 of 2024.)Despite anything in sections 4 and 4AAC, a person is not eligible for appointment or reappointment as a member of the Council if the person—(a) is subject to a sentence of imprisonment for an offence;(b) is the subject of an order made under section 18 or 18A;(c) is an undischarged bankrupt;(d) is detained in a mental hospital; or(e) for a member described in section 4(2)(ba), (c), (d), (e), (f), (g) or (h)—does not hold a valid practising certificate issued under section 11A.(Added 22 of 2024 s. 11) 4AAE. Chairperson of Council (1) The members of the Council must elect one of them to be the Chairperson of the Council.(2) Subject to subsection (3), the Chairperson—(a) holds office—(i) for 3 years beginning on the date of election; or(ii) if he or she ceases to be a member of the Council within that 3 years—until the cessation; and(b) is eligible for re-election.(3) The Chairperson may at any time resign his or her office by giving written notice to the Secretary.(4) If the office of Chairperson becomes vacant, the Secretary must convene a meeting of the Council within 3 months of the occurrence of the vacancy for the purpose of electing a Chairperson.(5) If the Chairperson is temporarily unable to perform the functions of his or her office during a period—(a) the Secretary must convene a meeting of the Council for the purposes of paragraph (b); and(b) the members of the Council must elect one of them at the meeting to act in the place of the Chairperson during the period.(6) The Secretary—(a) must preside at a meeting held under subsection (4) or (5) until a person is elected as the Chairperson and assumes office; and(b) must not vote at the meeting.(Added 22 of 2024 s. 11) 4AAF. Secretary and Legal Adviser (1) The Chief Executive may—(a) appoint a person to be the Secretary of the Council; and(b) appoint one or more than one person to be a Legal Adviser to the Council.(2) A member of the Council may not be appointed to be a Legal Adviser.(Added 22 of 2024 s. 11) 4A. (Repealed 22 of 2024 s. 12) 5. Meetings of the Council (Note : Amendment made by the Dentists Registration (Amendment) Ordinance 2024 (22 of 2024) to this section is partially commenced—see L.N. 146 of 2024 and L.N. 183 of 2024.)(1) Except for holding an inquiry mentioned in section 18, the Council—(a) must meet at the time and in the way specified by the Chairperson; and(b) must meet at a written request of at least 8 members of the Council addressed to the Chairperson. (Replaced 22 of 2024 s. 13)(2) Subject to subsection (2A), at a meeting of the Council, 8 members of the Council, including at least 4 members who are registered dentists, form a quorum. (Replaced 22 of 2024 s. 13)(2A) At a meeting of the Council for holding an inquiry mentioned in section 18, 5 members of the Council, including at least 3 members who are registered dentists and at least one member who is a lay person, form a quorum. (Added 22 of 2024 s. 13)(3) The validity of any proceedings of the Council shall not be affected by any vacancy among the members thereof or by any defect in the appointment of a member thereof. (4) Except as otherwise provided in this Ordinance, all questions before the Council must be decided by a majority of the members of the Council present and voting thereon. (Amended 22 of 2024 s. 13)(5) The Chairperson at any meeting of the Council shall have an original vote and also, if upon any question the votes shall be equally divided, a casting vote except in an inquiry mentioned in section 7E, 9A, 15E, 18 or 27A at which he shall have only an original vote. (Amended 4 of 1988 s. 4; 22 of 2024 s. 13) 5A. Transaction of business by circulation of papers (Note : Amendment made by the Dentists Registration (Amendment) Ordinance 2024 (22 of 2024) to this section is partially commenced—see L.N. 146 of 2024 and L.N. 183 of 2024.)(1) The Council may transact any of its business, other than an inquiry mentioned in section 7E, 9A, 15E, 18 or 27A, by circulation of papers without meeting.(2) Subject to subsection (4), on the circulation of papers, a written resolution—(a) in respect of which all members of the Council indicate their votes in writing; and(b) passed by the number of members required for passing the resolution at a meeting of the Council,is as valid as if it had been passed at a meeting of the Council by the members who vote on the resolution.(3) A member may, by giving a written notice to the Chairperson within the period specified in the papers being circulated, request the Chairperson to refer a matter to be determined by circulating the papers to a meeting of the Council for determination. (Amended 22 of 2024 s. 15)(4) If a member gives a notice under subsection (3) in relation to a matter, a resolution that relates to the matter passed in accordance with subsection (2)(b) is invalid to the extent that it so relates.(5) For the purposes of this section, a reference to the circulation of papers includes the circulation of information by electronic means.(Replaced 22 of 2024 s. 14) 5AB. Council may provide information to Secretary for Health The Council may provide any information to the Secretary for Health if the Secretary for Health requests the information for the formulation of health care policies.(Added 22 of 2024 s. 16) Part 4 Committees and Subcommittees (Part 4 added 22 of 2024 s. 17) 5AC. Council may establish committees (Note : Addition of this section by the Dentists Registration (Amendment) Ordinance 2024 (22 of 2024) is partially commenced—see L.N. 146 of 2024.)(1) The Council may establish any committee for the better performance of its functions.(2) Without limiting subsection (1), the Council may—(a) establish the Education and Accreditation Committee in accordance with Part 5;(b) establish the Examination Committee in accordance with Part 6;(c) establish the Continuing Professional Development Committee in accordance with Part 7;(d) (Addition not yet in operation—see 22 of 2024 s. 17)(e) establish one or more than one Preliminary Investigation Committee in accordance with Part 9.(3) The functions of a committee established under subsection (2) are those prescribed by this Ordinance.(4) Subject to subsection (5) and Parts 5, 6, 7, 8 and 9, the Council may appoint a member of the Council, or a person who is not a member of the Council, to be a member of a committee established under subsection (1) or (2).(5) The Council must not appoint under subsection (4) a person who is the subject of an order made under section 18 or 18A.(6) The Council may dissolve a committee established under subsection (1) or (2) if—(a) the committee has, in the opinion of the Council, acted in a way that is prejudicial to the interest of the public or the dental profession; and(b) not less than 18 members of the Council resolve that the committee should be dissolved.(7) On the dissolution of a committee under subsection (6), the Council may perform the functions of the committee. 5AD. Committees may establish subcommittees (Note : Addition of this section by the Dentists Registration (Amendment) Ordinance 2024 (22 of 2024) is partially commenced—see L.N. 146 of 2024.)(1) A committee established under section 5AC may establish a subcommittee to perform any function of the committee.(2) Subject to subsection (3), the committee may appoint a member of the committee, or a person who is not a member of the committee, to be a member of a subcommittee established by the committee under subsection (1).(3) The committee must not appoint under subsection (2) a person who is the subject of an order made under section 18 or 18A.(4) The committee must not appoint a person who is not a member of the committee to be the chairperson of a subcommittee established by the committee under subsection (1). 5AE. Further provisions for committees and subcommittees (Note : Addition of this section by the Dentists Registration (Amendment) Ordinance 2024 (22 of 2024) is partially commenced—see L.N. 146 of 2024.)(1) Schedule 9 has effect in relation to committees established under section 5AC and subcommittees established under section 5AD.(2) If a provision in this Part or Part 5, 6, 7, 8 or 9 or in regulations made under section 29(1C) concerning a committee or subcommittee (former provision) is inconsistent with a provision in Schedule 9 (latter provision), the former provision prevails over the latter provision with regard to the committee or subcommittee. 5AF. Application of provisions in Interpretation and General Clauses Ordinance To the extent that it is consistent with this Ordinance, Part VII of the Interpretation and General Clauses Ordinance (Cap. 1) applies to—(a) committees established under section 5AC;(b) subcommittees established under section 5AD; and(c) appointments of members of such committees or subcommittees. Part 5 Education and Accreditation Committee (Added 22 of 2024 s. 18) 5B. Composition of Education and Accreditation Committee (1) If the Council decides to establish the Education and Accreditation Committee under section 5AC(2)(a), it must appoint the following persons to be the members of the Committee—(a) 3 members of the Council;(b) 1 registered dentist, who is a full-time member of the teaching staff of the Faculty of Dentistry of the University of Hong Kong and is not a member of the Council, nominated by the University of Hong Kong;(c) 1 registered specialist dentist, who is not a member of the Council, nominated by the Council of the Academy of Medicine;(d) 1 registered dentist, who is a public officer and is not a member of the Council, nominated by the Director of Health; and(e) 1 registered dentist, who is not a member of the Council, nominated by the Council of the Hong Kong Dental Association.(2) The Council must appoint a member described in subsection (1)(a) as the chairperson of the Committee.(3) A member of the Committee holds office for 3 years and is eligible for reappointment.(4) A person ceases to be a member of the Committee if, during the term of the person’s office—(a) for a member described in subsection (1)(a)—the person ceases to be a member of the Council;(b) for a member described in subsection (1)(b)—(i) the person ceases to be a registered dentist or ceases to be a full-time member of the teaching staff of the Faculty of Dentistry of the University of Hong Kong; or(ii) the person becomes a member of the Council;(c) for a member described in subsection (1)(c)—(i) the person ceases to be a registered specialist dentist; or(ii) the person becomes a member of the Council;(d) for a member described in subsection (1)(d)—(i) the person ceases to be a registered dentist or ceases to be a public officer; or(ii) the person becomes a member of the Council; or(e) for a member described in subsection (1)(e)—(i) the person ceases to be a registered dentist; or(ii) the person becomes a member of the Council.(Replaced 22 of 2024 s. 19) 5C. Functions of Education and Accreditation Committee The Education and Accreditation Committee may perform the following functions— (Amended 22 of 2024 s. 20)(a) to recommend to the Council the specialties under which the names of registered dentists may be included in the Specialist Register;(b) to recommend to the Council the qualifications, experience and other attributes that qualify a registered dentist to have his name included in the Specialist Register under a specialty recommended by the Committee under paragraph (a);(c) to recommend to the Council the procedures and documentations for an application to include the name of a registered dentist in the Specialist Register;(d) to make recommendations to the Council so that it may decide whether the name of a registered dentist should be included in, or removed from, the Specialist Register;(e) to review and recommend to the Council the standard and structure of dental education and training in dentistry required for registration or practising dentistry; and (Amended 22 of 2024 s. 20)(f) to accredit a training programme and recommend to the Council as to whether the programme should be recognized for the purpose of registration or practising dentistry. (Replaced 22 of 2024 s. 20)(Added 11 of 2006 s. 4) 5D. Quorum of Education and Accreditation Committee’s meeting At a meeting of the Education and Accreditation Committee, 4 members of the Committee (including the chairperson of the Committee) form a quorum.(Replaced 22 of 2024 s. 21) 5E. (Amended & repealed 22 of 2024 ss. 22 and 23) 5F. Proceedings of Education and Accreditation Committee If a member of the Education and Accreditation Committee described in section 5B(1)(a) has taken part in dealing with any complaint or information involving a suitability issue, the member shall not, as a member of the Council, take part in the determination of the complaint or information by the Council.(Added 11 of 2006 s. 4. Amended 22 of 2024 s. 24) 5G. (Repealed 22 of 2024 s. 25) Part 6 Examination Committee (Part 6 added 22 of 2024 s. 26) 5H. Composition of Examination Committee (1) If the Council decides to establish the Examination Committee under section 5AC(2)(b), it must appoint the following persons to be the members of the Committee—(a) 3 members of the Council;(b) 2 registered dentists, who are full-time members of the teaching staff of the Faculty of Dentistry of the University of Hong Kong, nominated by the University of Hong Kong;(c) 2 registered specialist dentists nominated by the Council of the Academy of Medicine;(d) 2 registered dentists, who are public officers, nominated by the Director of Health;(e) 2 registered dentists nominated by the Council of the Hong Kong Dental Association; and(f) 1 registered dentist appointed by the Council to be responsible for conducting the Licensing Examination.(2) The Council must appoint a member described in subsection (1)(a) as the chairperson of the Committee.(3) A member of the Committee holds office for 3 years and is eligible for reappointment.(4) A person ceases to be a member of the Committee if, during the term of the person’s office—(a) for a member described in subsection (1)(a)—the person ceases to be a member of the Council;(b) for a member described in subsection (1)(b)—the person ceases to be a registered dentist or ceases to be a full-time member of the teaching staff of the Faculty of Dentistry of the University of Hong Kong;(c) for a member described in subsection (1)(c)—the person ceases to be a registered specialist dentist;(d) for a member described in subsection (1)(d)—the person ceases to be a registered dentist or ceases to be a public officer;(e) for a member described in subsection (1)(e)—the person ceases to be a registered dentist; or(f) for a member described in subsection (1)(f)—the person ceases to be a registered dentist or ceases to be responsible for conducting the Licensing Examination. 5I. Functions of Examination Committee The Examination Committee may perform the following functions—(a) any function delegated to it under section 7B;(b) to oversee matters relating to the setting of standards for the Licensing Examination;(c) to design the Licensing Examination; and(d) to make recommendations to the Council on the policies regarding—(i) the Licensing Examination;(ii) the criteria for exemption from the Licensing Examination or any part of the Licensing Examination;(iii) the extension of an internship period under section 8A(4)(a);(iv) the shortening or extension of a period of assessment under section 8B(4)(a);(v) the termination of an internship under section 8A(5); and(vi) the termination of a period of assessment under section 8B(5). 5J. Quorum of Examination Committee’s meeting At a meeting of the Examination Committee, 4 members of the Committee (including the chairperson of the Committee) form a quorum. Part 7 Continuing Professional Development Committee (Part 7 added 22 of 2024 s. 26) 5K. Composition of Continuing Professional Development Committee (1) If the Council decides to establish the Continuing Professional Development Committee under section 5AC(2)(c), it must appoint the following persons to be the members of the Committee—(a) 3 members of the Council;(b) 1 registered dentist, who is a full-time member of the teaching staff of the Faculty of Dentistry of the University of Hong Kong, nominated by the University of Hong Kong;(c) 1 registered specialist dentist nominated by the Council of the Academy of Medicine;(d) 1 registered dentist, who is a public officer, nominated by the Director of Health; and(e) 1 registered dentist nominated by the Council of the Hong Kong Dental Association.(2) The Council must appoint a member described in subsection (1)(a) as the chairperson of the Committee.(3) A member of the Committee holds office for 3 years and is eligible for reappointment.(4) A person ceases to be a member of the Committee if, during the term of the person’s office—(a) for a member described in subsection (1)(a)—the person ceases to be a member of the Council;(b) for a member described in subsection (1)(b)—the person ceases to be a registered dentist or ceases to be a full-time member of the teaching staff of the Faculty of Dentistry of the University of Hong Kong;(c) for a member described in subsection (1)(c)—the person ceases to be a registered specialist dentist;(d) for a member described in subsection (1)(d)—the person ceases to be a registered dentist or ceases to be a public officer; or(e) for a member described in subsection (1)(e)—the person ceases to be a registered dentist. 5L. Functions of Continuing Professional Development Committee (Note : Addition of this section by the Dentists Registration (Amendment) Ordinance 2024 (22 of 2024) is partially commenced—see L.N. 146 of 2024.)The Continuing Professional Development Committee may perform the following functions—(a) to make recommendations to the Council on the policies regarding continuing professional development activities; and(b) to make recommendations to the Council on the requirement regarding continuing professional development that a person must comply with for the purposes of section 11A(2A) or 15H(3). 5M. Quorum of Continuing Professional Development Committee’s meeting At a meeting of the Continuing Professional Development Committee, 4 members of the Committee (including the chairperson of the Committee) form a quorum. Part 8 Health Committee (Part 8 added 22 of 2024 s. 26) Part 9 Preliminary Investigation Committee (Part 9 added 22 of 2024 s. 26) 5R. Composition of Preliminary Investigation Committee (1) If the Council decides to establish a Preliminary Investigation Committee under section 5AC(2)(e), it must appoint the following persons to be the members of the Committee—(a) 1 member of the Council who is a registered dentist;(b) 2 registered dentists, who are not members of the Council, nominated by the Chairperson; and(c) 2 members of the Council who are lay persons.(2) The Council—(a) must appoint the member described in subsection (1)(a) as the chairperson of the Committee; and(b) must appoint a member described in subsection (1)(b) as the deputy chairperson of the Committee.(3) A member of a Preliminary Investigation Committee holds office for a period not exceeding 3 years as specified by the Council in the member’s letter of appointment and is eligible for reappointment.(4) A person ceases to be a member of a Preliminary Investigation Committee if, during the term of the person’s office—(a) for a member described in subsection (1)(a)—the person ceases to be a member of the Council or ceases to be a registered dentist;(b) for a member described in subsection (1)(b)—(i) the person ceases to be a registered dentist; or(ii) the person becomes a member of the Council; or(c) for a member described in subsection (1)(c)—the person ceases to be a member of the Council or ceases to be a lay person. 5S. Functions of Preliminary Investigation Committee (Note : Addition of this section by the Dentists Registration (Amendment) Ordinance 2024 (22 of 2024) is partially commenced—see L.N. 146 of 2024.)(1) A Preliminary Investigation Committee or any of its members may perform the following functions—(a) to—(i) make preliminary investigations into complaints or information concerning any matter that may be inquired into by the Council or any matter that the Health Committee may conduct a hearing on; and(ii) give advice on the matter to any registrant concerned;(b) to refer a matter to the Council for an inquiry mentioned in section 18;(c) (Addition not yet in operation—see 22 of 2024 s. 26)(d) to refer a matter to the Education and Accreditation Committee to be dealt with in accordance with section 12F.(2) A Preliminary Investigation Committee and its members must act in accordance with regulations made under section 29(1C). 5T. Quorum of Preliminary Investigation Committee’s meeting (1) At a meeting of a Preliminary Investigation Committee, 3 members of the Committee form a quorum.(2) At a meeting of a Preliminary Investigation Committee—(a) at least one member must be a member described in section 5R(1)(c);(b) at least 2 members must be registered dentists; and(c) subject to subsections (3) and (4), the chairperson of the Committee, or in the absence of the chairperson, the deputy chairperson of the Committee is to preside.(3) Subsection (4) applies if—(a) the chairperson and the deputy chairperson (if present at a meeting) declare their interest in accordance with regulations made under section 29(1C) in respect of a matter that is to be decided at the meeting; and(b) under the regulations, neither of them may preside at the meeting because of the interest.(4) The other members present at the meeting must elect one of them to preside at the meeting. Part 10 Registrar (Added 22 of 2024 s. 27) 6. Registrar of Dentists (Note : Amendment made by the Dentists Registration (Amendment) Ordinance 2024 (22 of 2024) to this section is partially commenced—see L.N. 146 of 2024.)(1) For the purposes of this Ordinance, there shall be a Registrar of Dentists, who shall perform such functions in connection with the General Register, Specialist Register and Register of Dental Care Professionals as may be provided for under this Ordinance. (Amended 11 of 2006 s. 5)(2) The consultant dental surgeon in charge of the Dental Services of the Department of Health shall be the Registrar. (Amended 4 of 1988 s. 5; L.N. 76 of 1989)(Amended 22 of 2024 s. 28) Part 11 Registration of Dentists (Added 22 of 2024 s. 29) Division 1 Keeping of Registers (Added 22 of 2024 s. 29) 7. Keeping of General Register and Specialist Register (1) The Registrar must cause a register of dentists, called the General Register, to be kept in a form that the Registrar thinks fit. (Replaced 22 of 2024 s. 30)(1A) The General Register must be divided into 5 parts and contain the name, practice address (if any), registered address, qualification and any other particulars that the Registrar thinks necessary, of—(a) in Part 1—every person whose name is required to be entered in this Part under section 9B;(b) in Part 2—every person whose name is required to be entered in this Part under section 7F;(c) in Part 3—every person whose name is required to be entered in this Part under section 9F;(d) in Part 4—every person whose name is required to be entered in this Part under section 9I; and(e) in Part 5—every person whose name is required to be entered in this Part under section 9L. (Added 22 of 2024 s. 30)(1B) Part 1 of the General Register must be further divided into—(a) the practising list; and(b) the non-practising list. (Added 22 of 2024 s. 30)(2) (Repealed 22 of 2024 s. 30)(3) The Registrar shall cause a register of specialist dentists, to be called the Specialist Register, to be kept in such form as he thinks fit. (Added 11 of 2006 s. 6)(4) The Specialist Register must contain the names, practice addresses (if any), registered addresses, qualifications, specialties and such other particulars as the Registrar thinks necessary of those registered dentists who have been approved by the Council to have their names included in the Register. (Added 11 of 2006 s. 6. Amended 22 of 2024 s. 30)(5) The Registrar is responsible for the maintenance and custody of the General Register and Specialist Register. (Replaced 22 of 2024 s. 30)(Amended 11 of 2006 s. 6) Division 2 Licensing Examination (Division 2 added 22 of 2024 s. 31) 7A. Council to set Licensing Examination (1) The Council must set an examination called the Licensing Examination.(2) The Council may impose any condition relevant to the assessment or improvement of a person’s professional knowledge in dentistry that a person must satisfy before the Council allows the person to take the Licensing Examination or any part of the Licensing Examination.(3) The Council may refuse to allow a person to take the Licensing Examination if the person has, in any one part of the Licensing Examination, failed 5 times. 7B. Eligibility for taking Licensing Examination (1) A person who wishes to take the Licensing Examination or any part of the Licensing Examination may make an application to the Council.(2) An application must be made in the specified form.(3) The Council may, on application, allow a person to take the Licensing Examination or the part of the Licensing Examination if—(a) the prescribed fee has been paid;(b) the Council is satisfied that the person is of good character; and(c) the condition imposed under section 7A(2) is satisfied.(4) The Council may delegate any of its functions under this section to the Examination Committee. 7C. Exemption from Licensing Examination (1) The Council may, on application made in the specified form, exempt a person from the Licensing Examination or any part of the Licensing Examination if it considers it appropriate to do so.(2) Subsection (3) applies if—(a) an application is made for the purpose of seeking an exemption to satisfy a condition specified in Schedule 10 (as required under section 8(1)(c)(iii)); and(b) the applicant is a person who has worked under full-time employment as a person with special registration in one or more Schedule 5 institutions (whether or not the person has also worked under full-time employment as a person with limited registration in one or more Schedule 4 institutions) (specified employment).(3) The Council must grant the exemption unless, having considered the nature and scope of the work undertaken by the person under the specified employment, the Council has reasonable doubts on the person’s professional knowledge on a matter that is the subject matter to be assessed by the Licensing Examination, or the part of the Licensing Examination for which the exemption is applied. Division 3 Provisional Registration (Division 3 added 22 of 2024 s. 31) 7D. Application for provisional registration (1) A person may apply to the Registrar for provisional registration.(2) An application must—(a) be made in the specified form; and(b) be supported by a declaration by the applicant as to—(i) whether the applicant has been convicted in Hong Kong or elsewhere of an offence punishable with imprisonment;(ii) whether the applicant has been found guilty in Hong Kong or elsewhere of unprofessional conduct; and(iii) whether, at the time of the application, the applicant is the subject of any criminal or disciplinary proceedings in Hong Kong or elsewhere. 7E. Determination of application for provisional registration (1) On receiving an application made in accordance with section 7D, the Registrar must refer the application to the Council.(2) Subject to subsection (3), the Council must approve the application if—(a) the applicant—(i) has been awarded a qualifying degree in dentistry; and(ii) has been engaged to work under full-time employment as a dentist in a Schedule 6 institution for the purpose of completing an internship mentioned in section 8A; or(b) the applicant—(i) has passed the Licensing Examination;

and(ii) has been engaged to work under full-time employment as a dentist in a Schedule 7 institution for the purpose of completing a period of assessment mentioned in section 8B.(3) The Council may reject the application if it is satisfied, after due inquiry, that the applicant—(a) has been convicted in Hong Kong or elsewhere of an offence punishable with imprisonment;(b) has been found guilty in Hong Kong or elsewhere of unprofessional conduct; or(c) is not of good character.(4) The Council must notify the Registrar of—(a) the Council’s decision; and(b) if the application is rejected—the reason for it.(5) On receiving a notification under subsection (4), the Registrar must notify the applicant in writing of—(a) the Council’s decision; and(b) if the application is rejected—the reason for it.(6) For the purposes of subsection (2)(b)(i), a person who is exempted under section 7C from the Licensing Examination, or any part of the Licensing Examination, is to be regarded as having passed the Licensing Examination or the part of the Licensing Examination. 7F. Provisional registration (1) This section applies if the Council approves an application under section 7E.(2) The Registrar must, after the prescribed fee has been paid, enter the applicant’s name in Part 2 of the General Register.(3) The registration of a person under this section is in force until the earlier of the following—(a) the termination of the person’s employment mentioned in section 7E(2)(a)(ii) or (b)(ii);(b) the removal of the person’s name from Part 2 of the General Register under an order made under section 15, 18 or 18A. 7G. Effect of provisional registration A person with provisional registration is to be treated as a registered dentist—(a) for a person applying for provisional registration for the purpose of completing an internship mentioned in section 8A—while undertaking any work that the person is required to undertake for the purpose of completing the internship;(b) for a person applying for provisional registration for the purpose of completing a period of assessment mentioned in section 8B—while undertaking any work that the person is required to undertake for the purpose of completing the period of assessment; and(c) for any other purpose as may be directed by the Chief Executive in Council. Division 4 Full Registration (Added 22 of 2024 s. 32) 8. Eligibility for full registration (1) A person is eligible for full registration if—(a) the person has been awarded—(i) a qualifying degree in dentistry; and(ii) a certificate of experience under section 8C;(b) the person—(i) has passed the Licensing Examination; and(ii) has been awarded a certificate of experience under section 8D; or(c) the person—(i) has worked under full-time employment as a person with limited registration in one or more Schedule 4 institutions or as a person with special registration in one or more Schedule 5 institutions for at least 5 years in aggregate;(ii) is certified by the institution, or by all the institutions, to have satisfactorily served as a dentist during the employment period by reference to the criteria specified by the Council; and(iii) satisfies the condition specified in Schedule 10.(2) For the purposes of subsection (1)(b)(i), a person who is exempted under section 7C from the Licensing Examination, or any part of the Licensing Examination, is to be regarded as having passed the Licensing Examination or the part of the Licensing Examination.(Replaced 22 of 2024 s. 33) 8A. Internship (1) This section applies in relation to a person who—(a) has been awarded a qualifying degree in dentistry; and(b) wishes to be awarded a certificate of experience under section 8C.(2) The Council must specify—(a) the first day and the last day of a period (internship period) during which the person is required to undergo an internship in a Schedule 6 institution for the purpose of being awarded a certificate of experience under section 8C; and(b) the scope of work that the person must undertake during the internship period for that purpose.(3) The duration of the internship period must be the same as that specified in Part 1 of Schedule 8.(4) The Council—(a) despite subsection (3), may extend the internship period specified for the person if the Council considers it appropriate to do so; and(b) may defer the dates specified under subsection (2)(a).(5) If the Council reasonably determines that a person undergoing an internship is unlikely to attain the professional standards required of a registered dentist at the end of the internship, the Council may terminate the internship.(Added 22 of 2024 s. 34) 8B. Period of assessment (1) This section applies in relation to a person who—(a) has not been awarded a qualifying degree in dentistry;(b) has passed the Licensing Examination; and(c) wishes to be awarded a certificate of experience under section 8D.(2) The Council must specify—(a) the first day and the last day of a period (period of assessment) during which the person is required to undergo assessment in a Schedule 7 institution for the purpose of being awarded a certificate of experience under section 8D; and(b) the scope of work that the person must undertake during the period of assessment for that purpose.(3) The duration of the period of assessment must not exceed that specified in Part 2 of Schedule 8.(4) The Council—(a) despite subsection (3), may shorten or extend the period of assessment specified for the person if the Council considers it appropriate to do so; and(b) may defer the dates specified under subsection (2)(a).(5) If the Council reasonably determines that a person undergoing a period of assessment is unlikely to attain the professional standards required of a registered dentist at the end of the period of assessment, the Council may terminate the period of assessment.(6) For the purposes of subsection (1)(b), a person who is exempted under section 7C from the Licensing Examination, or any part of the Licensing Examination, is to be regarded as having passed the Licensing Examination or the part of the Licensing Examination.(Added 22 of 2024 s. 34) 8C. Certificate of experience on completion of internship (1) This section applies in relation to a person who has completed an internship mentioned in section 8A.(2) The person may apply to the specified authority for a certificate of experience.(3) The specified authority may award the certificate to the person if it is satisfied that—(a) during the internship, the person undertook work within the scope of work specified under section 8A(2)(b); and(b) the work of the person was satisfactory.(4) The certificate must be in the specified form.(5) In this section— specified authority (當局) means— (a) if the Council has not delegated its functions under section 8E(1)—the Council; or (b) if the Council has delegated its functions under section 8E(1) to an institution—the institution. (Added 22 of 2024 s. 34) 8D. Certificate of experience on completion of period of assessment (1) This section applies in relation to a person who has completed a period of assessment mentioned in section 8B.(2) The person may apply to the specified authority for a certificate of experience.(3) The specified authority may award the certificate to the person if it is satisfied that—(a) during the period of assessment, the person undertook work within the scope of work specified under section 8B(2)(b); and(b) the work of the person was satisfactory.(4) The certificate must be in the specified form.(5) In this section— specified authority (當局) means— (a) if the Council has not delegated its functions under section 8E(2)—the Council; or (b) if the Council has delegated its functions under section 8E(2) to an institution—the institution. (Added 22 of 2024 s. 34) 8E. Council may delegate its functions under sections 8C and 8D (1) The Council may, by notice published in the Gazette, delegate its functions under section 8C in respect of a person who has been awarded a qualifying degree in dentistry by a university to any of the following institutions—(a) the university; or(b) a Schedule 6 institution.(2) The Council may, by notice published in the Gazette, delegate its functions under section 8D in respect of a person to a Schedule 7 institution.(3) A notice published under subsection (1) or (2) is not subsidiary legislation.(Added 22 of 2024 s. 34) 9. Application for full registration (1) A person may apply to the Registrar for full registration.(2) An application must—(a) be made in the specified form;(b) indicate the applicant’s wish, if the application is approved, to have the applicant’s name contained in the practising list or the non-practising list; and(c) be supported by a declaration by the applicant as to—(i) whether the applicant has been convicted in Hong Kong or elsewhere of an offence punishable with imprisonment;(ii) whether the applicant has been found guilty in Hong Kong or elsewhere of unprofessional conduct; and(iii) whether, at the time of the application, the applicant is the subject of any criminal or disciplinary proceedings in Hong Kong or elsewhere.(Replaced 22 of 2024 s. 35) 9A. Determination of application for full registration (1) On receiving an application made in accordance with section 9, the Registrar must refer the application to the Council.(2) Subject to subsection (3), the Council must approve the application if the applicant is eligible for full registration in accordance with section 8.(3) The Council may reject the application if it is satisfied, after due inquiry, that the applicant—(a) has been convicted in Hong Kong or elsewhere of an offence punishable with imprisonment;(b) has been found guilty in Hong Kong or elsewhere of unprofessional conduct; or(c) is not of good character.(4) The Council must notify the Registrar of—(a) the Council’s decision; and(b) if the application is rejected—the reason for it.(5) On receiving a notification under subsection (4), the Registrar must notify the applicant in writing of—(a) the Council’s decision; and(b) if the application is rejected—the reason for it.(Added 22 of 2024 s. 36) 9B. Full registration (1) This section applies if the Council approves an application under section 9A.(2) The Registrar must, after the prescribed fee has been paid, enter the applicant’s name in Part 1 of the General Register.(3) The Registrar must enter the applicant’s name in the practising list or the non-practising list according to the wish indicated under section 9(2)(b).(Added 22 of 2024 s. 36) Division 5 Limited Registration (Division 5 added 22 of 2024 s. 36) 9C. Application for limited registration (1) A person may apply to the Registrar for limited registration.(2) An application must—(a) be made in the specified form; and(b) be supported by a declaration by the applicant as to—(i) whether the applicant has been convicted in Hong Kong or elsewhere of an offence punishable with imprisonment;(ii) whether the applicant has been found guilty in Hong Kong or elsewhere of unprofessional conduct; and(iii) whether, at the time of the application, the applicant is the subject of any criminal or disciplinary proceedings in Hong Kong or elsewhere. 9D. Determination of application for limited registration (1) On receiving an application made in accordance with section 9C, the Registrar must refer the application to the Council.(2) The Council must approve the application if it is satisfied that—(a) the applicant has been selected for—(i) full-time employment as a person with limited registration in a Schedule 4 institution; or(ii) an employment or an employment of a type determined under section 9E;(b) the applicant has obtained a recognized non-Hong Kong qualification;(c) the applicant has had adequate and relevant full-time post-qualification clinical experience;(d) unless the applicant is a person with limited registration or a person with special registration when the application is made, or was such a person at any time before the application is made—the applicant is registered as a dentist under the law of a place outside Hong Kong;(e) the applicant has not been refused, under section 7A(3), to take the Licensing Examination; and(f) the applicant is of good character.(3) In approving an application, the Council—(a) must specify a period not exceeding 3 years during which the registration is to be in force; and(b) may impose any condition that the Council considers appropriate.(4) The Council must notify the Registrar of—(a) the Council’s decision; and(b) if the application is rejected—the reason for it.(5) On receiving a notification under subsection (4), the Registrar must notify the applicant in writing of—(a) the Council’s decision; and(b) if the application is rejected—the reason for it.(6) In this section—recognized non-Hong Kong qualification (認可境外資格) means a qualification obtained outside Hong Kong that is recognized by the Council for the purposes of this section as being sufficient evidence of the possession of the requisite knowledge and skill for the effective practice of dentistry. 9E. Promulgation of employment for section 9D(2)(a)(ii) (1) The Council may, having regard to any representations made to it, determine for the purposes of section 9D(2)(a)(ii) an employment or a type of employment in respect of which limited registration is appropriate or necessary.(2) The Council must promulgate the determination by notice published in the Gazette.(3) A notice published under subsection (2) is not subsidiary legislation. 9F. Limited registration (Note : Addition of this section by the Dentists Registration (Amendment) Ordinance 2024 (22 of 2024) is partially commenced—see L.N. 146 of 2024.)(1) This section applies if the Council approves an application under section 9D.(2) The Registrar must, after the prescribed fee has been paid, enter the applicant’s name in Part 3 of the General Register.(3) The registration of a person under this section is in force until the earliest of the following—(a) the expiry of the period during which the registration is in force;(b) the termination of the person’s employment mentioned in section 9D(2)(a);(c) the removal of the person’s name from Part 3 of the General Register under an order made under section 15, 18 or 18A. Division 6 Temporary Registration (Division 6 added 22 of 2024 s. 36) 9G. Application for temporary registration (1) A person (applicant) may apply to the Council for the temporary registration of another person (subject person) exclusively for conducting clinical teaching or research for the applicant.(2) An application must—(a) be made in the specified form; and(b) be supported by a declaration by the subject person as to—(i) whether the subject person has been convicted in Hong Kong or elsewhere of an offence punishable with imprisonment;(ii) whether the subject person has been found guilty in Hong Kong or elsewhere of unprofessional conduct; and(iii) whether, at the time of the application, the subject person is the subject of any criminal or disciplinary proceedings in Hong Kong or elsewhere. 9H. Determination of application for temporary registration (1) On receiving an application made in accordance with section 9G for the temporary registration of a person, the Council may approve or reject it.(2) However, the Council must not approve an application unless the Council is satisfied that it is appropriate and necessary for the person to be granted temporary registration to enable the person to conduct clinical teaching or research for the applicant.(3) In approving an application, the Council—(a) must specify a period not exceeding 14 days during which the registration is to be in force; and(b) may impose any condition that the Council considers appropriate.(4) The Council must notify the applicant in writing of—(a) the Council’s decision; and(b) if the application is rejected—the reason for it.(5) If the Council approves an application, the Council must also notify the Registrar of the decision. 9I. Temporary registration (Note : Addition of this section by the Dentists Registration (Amendment) Ordinance 2024 (22 of 2024) is partially commenced—see L.N. 146 of 2024.)(1) This section applies if the Council approves, under section 9H, an application for the temporary registration of a person.(2) The Registrar must enter the name of the person in Part 4 of the General Register.(3) The registration of a person under this section is in force until the earlier of the following—(a) the expiry of the period during which the registration is in force;(b) the removal of the person’s name from Part 4 of the General Register under an order made under section 15, 18 or 18A;(c) the Council’s receipt of the applicant’s written notification for the termination of the registration. Division 7 Special Registration (Division 7 added 22 of 2024 s. 36) 9J. Application for special registration (1) A person may apply to the Registrar for special registration.(2) An application must—(a) be made in the specified form; and(b) be supported by a declaration by the applicant as to—(i) whether the applicant has been convicted in Hong Kong or elsewhere of an offence punishable with imprisonment;(ii) whether the applicant has been found guilty in Hong Kong or elsewhere of unprofessional conduct; and(iii) whether, at the time of the application, the applicant is the subject of any criminal or disciplinary proceedings in Hong Kong or elsewhere. 9K. Determination of application for special registration (1) On receiving an application made in accordance with section 9J, the Registrar must refer the application to the Council.(2) The Council must approve the application if it is satisfied that—(a) the applicant has been selected for full-time employment as a person with special registration in a Schedule 5 institution;(b) the applicant has obtained a recognized non-Hong Kong qualification;(c) either—(i) the applicant has been awarded a Fellowship of the Academy of Medicine in the specialty of dental surgery; or(ii) the Academy of Medicine has certified that the applicant has attained a professional standard equivalent to that recognized by the Academy for the award of a Fellowship of the Academy in the specialty of dental surgery;(d) the applicant has had adequate and relevant full-time post-qualification clinical experience;(e) unless the applicant is a person with limited registration or a person with special registration when the application is made, or was such a person at any time before the application is made—the applicant is registered as a dentist under the law of a place outside Hong Kong;(f) the applicant has not been refused, under section 7A(3), to take the Licensing Examination; and(g) the applicant is of good character.(3) In approving an application, the Council—(a) must specify a period not exceeding 3 years during which the registration is to be in force; and(b) may impose any condition that the Council considers appropriate.(4) The Council must notify the Registrar of—(a) the Council’s decision; and(b) if the application is rejected—the reason for it.(5) On receiving a notification under subsection (4), the Registrar must notify the applicant in writing of—(a) the Council’s decision; and(b) if the application is rejected—the reason for it.(6) In this section—recognized non-Hong Kong qualification (認可境外資格) means a qualification obtained outside Hong Kong that is recognized by the Council for the purposes of this section as being sufficient evidence of the possession of the requisite knowledge and skill for the effective practice of dentistry. 9L. Special registration (Note : Addition of this section by the Dentists Registration (Amendment) Ordinance 2024 (22 of 2024) is partially commenced—see L.N. 146 of 2024.)(1) This section applies if the Council approves an application under section 9K.(2) The Registrar must, after the prescribed fee has been paid, enter the applicant’s name in Part 5 of the General Register.(3) The registration of a person under this section is in force until the earliest of the following—(a) the expiry of the period during which the registration is in force;(b) the termination of the person’s employment mentioned in section 9K(2)(a);(c) the removal of the person’s name from Part 5 of the General Register under an order made under section 15, 18 or 18A. Division 8 Certificate of Registration and Practising Certificate (Added 22 of 2024 s. 37) 10. Certificate of registration If the name of a person is entered in Part 1, 3 or 5 of the General Register under section 9B, 9F or 9L, the Registrar must issue to the person a certificate of registration in the specified form.(Replaced 22 of 2024 s. 38) 11. Privileges of registered dentists (1) Subject to section 11A(7), every registered dentist shall be entitled to recover in due course of law reasonable charges for professional aid, advice and visits and the value of any medicine or any dental or medical appliances rendered, made or supplied by him to his patients. (Amended 49 of 1977 s. 5) (2) No person shall be entitled to recover in any court any such charges as are referred to in subsection (1) unless at the date when such charges accrued he was a registered dentist. 11A. Practising certificate required for practice (Amended 22 of 2024 s. 39)(1) A registered dentist must not practise as a dentist in Hong Kong unless the registered dentist holds a valid practising certificate. (Replaced 22 of 2024 s. 39)(2) The Council may issue a practising certificate in the specified form to a registered dentist (applicant) if—(a) the applicant applies to the Council for a practising certificate;(b) the application is made in the specified form and contains information on the applicant’s employment and practice of dentistry as required by the specified form;(c) the application is supported by a declaration by the applicant as to whether the applicant has been convicted in Hong Kong or elsewhere of an offence punishable with imprisonment, and if the applicant has been so convicted, giving details of the conviction; and(d) the prescribed fee has been paid. (Replaced 22 of 2024 s. 39)(2A) If the applicant for a practising certificate is a person with full registration, a person with limited registration or a person with special registration, the Council must not issue a practising certificate to the applicant unless the Council is satisfied that the applicant has complied with the requirement regarding continuing professional development determined by the Council as applicable to the applicant. (Added 22 of 2024 s. 39)(2B) (Addition not yet in operation—see 22 of 2024 s. 39)(2C) The Council may specify in a practising certificate any condition that the Council considers appropriate. (Added 22 of 2024 s. 39)(3) If a practising certificate is issued on an application made during a year in respect of that year, the certificate is, subject to subsections (4A) and (5), to be in force from the time of issue to the end of that year. (Replaced 22 of 2024 s. 39)(4) If a practising certificate is issued on an application made during a year in respect of the following year, the certificate is, subject to subsections (4A) and (5), to be in force during that following year. (Replaced 22 of 2024 s. 39)(4A) A practising certificate issued to a person with temporary registration is, subject to subsection (5), to be in force during a period not exceeding 14 days, as specified in the certificate. (Added 22 of 2024 s. 39)(5) A practising certificate issued under this section ceases to be in force if, during the currency of the certificate, its holder ceases to be—(a) a person with full registration whose name is contained in the practising list;(b) a person with limited registration;(c) a person with temporary registration; or(d) a person with special registration. (Replaced 22 of 2024 s. 39)(6) (Repealed 22 of 2024 s. 39)(7) Notwithstanding section 11(1) a person who is required under this section to be the holder of a practising certificate shall not be entitled to recover any fees, costs or other remuneration on any cause of action unless he was, at the time when the cause of action arose, the holder of a valid practising certificate. (8) (Repealed 22 of 2024 s. 39)(Added 49 of 1977 s. 6) 11B. (Repealed 22 of 2024 s. 40) 12. (Repealed 22 of 2024 s. 41) Division 9 Specialist Register (Added 22 of 2024 s. 42) 12A. Qualification for inclusion in Specialist Register The Council may approve the qualifications, experience and other attributes recommended by the Education and Accreditation Committee that qualify a registered dentist to have his name included in the Specialist Register under a specialty.(Added 11 of 2006 s. 10) 12B. Application for inclusion in Specialist Register (1) A registered dentist who wishes to have his name included in the Specialist Register under a specialty may apply to the Council for the inclusion in the specified form. (Amended 22 of 2024 s. 43)(2) The Council shall not approve a registered dentist’s application made under subsection (1) unless, in the Council’s opinion, the dentist satisfies the conditions in subsection (3).(3) Those conditions are—(a) the dentist—(i) has been—(A) awarded a Fellowship of the Academy of Medicine in the specialty of dental surgery; and(B) certified by the Academy that he has completed the postgraduate dental training, and has satisfied the continuing education requirements, determined by the Academy for the specialty; or(ii) has been certified by the Academy of Medicine that—(A) he has achieved a professional standard equivalent to that recognized by the Academy for the award of a Fellowship of the Academy of Medicine in the specialty of dental surgery; and(B) he has completed the postgraduate dental training, and has satisfied the continuing education requirements, comparable to those determined by the Academy for the specialty; and (Amended 22 of 2024 s. 43)(b) the dentist is competent in the specialty.(4) On receiving a registered dentist’s application made under subsection (1), the Council shall refer the application to the Education and Accreditation Committee for a recommendation as to whether the dentist satisfies the conditions in subsection (3).(5) As soon as practicable after having received a referral under subsection (4), the Education and Accreditation Committee shall—(a) notify the Council of its recommendation and the reasons for it; and(b) in the case where the Committee recommends to the Council that the registered dentist does not satisfy the conditions in subsection (3), notify the dentist in writing of its recommendation and the reasons for it.(6) In making the recommendation referred to in subsection (4), the Education and Accreditation Committee shall take into account any recommendation made by the Committee under section 12F(1)(d).(7) Within 14 days after having received a notice under subsection (5)(b), the registered dentist may submit to the Council representations in writing on the Education and Accreditation Committee’s recommendation.(8) If the Education and Accreditation Committee recommends to the Council that a registered dentist does not satisfy the conditions in subsection (3), the Council shall not decide whether or not to approve the application until the later of—(a) the expiry of the period within which the dentist may submit representations under subsection (7); or(b) the expiry of the period within which the dentist may request the Committee to review its recommendation under section 12F(5).(9) In deciding whether or not to approve a registered dentist’s application made under subsection (1), the Council shall have regard to—(a) the Education and Accreditation Committee’s recommendation referred to in subsection (4) and the reasons for it;(b) if the dentist has submitted representations under subsection (7), those representations; and(c) if the dentist has requested the Committee to review its recommendation under section 12F(5), the result of the review and the reasons for it.(10) If the Council approves the application of a registered dentist made under subsection (1), the Council must, after the prescribed fee has been paid, direct the Registrar— (Amended 22 of 2024 s. 43)(a) to include the dentist’s name in the Specialist Register under the specialty; and(b) to issue a certificate, in the specified form, to the effect that the dentist’s name has been included in the Specialist Register under the specialty. (Amended 22 of 2024 s. 43)(11) If the Council rejects the application of the registered dentist, the Council shall notify the dentist in writing of the rejection and the reasons for it.(Added 11 of 2006 s. 10) 12C. Title of specialist, etc. A registered dentist whose name is included in the Specialist Register under a specialty is entitled—(a) to be known in such specialist title in both the English language and Chinese language as may be determined by the Council for that specialty; and(b) to such other entitlements as may be determined by the Council.(Added 11 of 2006 s. 10) 12D. Continuing education for dentists included in Specialist Register A registered dentist whose name is included in the Specialist Register under a specialty shall undergo such continuing education as may be determined from time to time by the Academy of Medicine for the specialty.(Added 11 of 2006 s. 10) 12E. Receipt of complaint or information on suitability issue (1) Where the Secretary receives a complaint or information involving a suitability issue, he shall submit the complaint or information to a Preliminary Investigation Committee. (Amended 22 of 2024 s. 44)(2) As soon as practicable after a complaint or information has been submitted to a Preliminary Investigation Committee under subsection (1), the chairperson of the Committee must ascertain whether it also falls within regulation 13 of the Dentists (Registration and Disciplinary Procedure) Regulations (Cap. 156 sub. leg. A). (Amended 22 of 2024 s. 44)(3) If the chairperson of a Preliminary Investigation Committee is of the opinion that the complaint or information also falls within regulation 13 of the Dentists (Registration and Disciplinary Procedure) Regulations (Cap. 156 sub. leg. A), the complaint or information shall— (Amended 22 of 2024 s. 44)(a) be referred to the Secretary to be dealt with in accordance with those regulations; and(b) as soon as practicable after having been dealt with under those regulations, be referred to the Education and Accreditation Committee to be dealt with in accordance with section 12F.(4) Subject to subsection (3), the complaint or information shall be referred to the Education and Accreditation Committee to be dealt with in accordance with section 12F.(Added 11 of 2006 s. 10) 12F. Complaints or information referred to Education and Accreditation Committee (1) Where a complaint or information in respect of a registered dentist is referred to the Education and Accreditation Committee, the Committee, after considering all the circumstances of the case, may, with or without inviting the dentist to make representations under subsection (3)—(a) dismiss the matter;(b) where the complaint or information also falls within regulation 13 of the Dentists (Registration and Disciplinary Procedure) Regulations (Cap. 156 sub. leg. A), refer it to the Secretary to be dealt with in accordance with those regulations;(c) where the dentist’s name is included in the Specialist Register, recommend to the Council that the name be removed from the Specialist Register, or be removed from the Register for such period or until the occurrence of such event as the Committee recommends; or(d) where the dentist is applying for the inclusion of his name in the Specialist Register, recommend to the Council that the dentist does not satisfy the conditions in section 12B(3).(2) The Education and Accreditation Committee shall not deal with a complaint or information referred to it if the chairperson of the Committee is of the opinion that the complaint or information is frivolous or groundless and should not proceed further. (Amended 22 of 2024 s. 45)(3) In dealing with such a complaint or information in respect of a registered dentist, the Education and Accreditation Committee may invite the dentist to make representations in person before the Committee or submit to the Committee representations in writing.(4) If the Education and Accreditation Committee makes a recommendation under subsection (1)(c) or (d), the Committee shall notify the registered dentist concerned in writing of the recommendation and the reasons for it.(5) Within 14 days after having received a notice under subsection (4), the registered dentist may request, in writing and setting out the reasons relied upon, the Education and Accreditation Committee to review its recommendation.(6) As soon as practicable after having received a request under subsection (5), the Education and Accreditation Committee shall notify the registered dentist in writing of the result of the review and the reasons for it.(7) If a registered dentist has requested the Education and Accreditation Committee to review its recommendation under subsection (1)(c), the dentist may, within 14 days after having received a notice under subsection (6), submit to the Council representations in writing on the result of the review.(Added 11 of 2006 s. 10) Division 10 Miscellaneous (Added 22 of 2024 s. 46) 12G. Registered dentists and persons with provisional registration must provide address (1) A registered dentist or a person with provisional registration must provide to the Registrar an address in Hong Kong at which he or she may be contacted.(2) Subject to subsection (3), a registered dentist (other than a registered dentist whose name is contained in the non-practising list) must provide to the Registrar the address of all premises in Hong Kong on which he or she carries on the practice of dentistry.(3) Subsection (2) does not require a person to provide—(a) an address of—(i) any premises on which the person provides an outreach medical service (within the meaning of section 9 of the Private Healthcare Facilities Ordinance (Cap. 633)); or(ii) any premises on which the person carries on the practice of dentistry not for gain; or(b) an address of any premises of a class specified under subsection (4).(4) The Council may, by notice published in the Gazette, specify any class of premises for the purposes of subsection (3)(b).(5) A person who has provided an address under subsection (1) or (2) must report to the Registrar any change of the address (including the address as changed and reported under this subsection) within 2 months after the date on which the change occurs.(6) A person who fails to comply with subsection (1), (2) or (5) commits an offence and is liable on summary conviction to a fine at level 1.(7) If a person is charged with an offence under subsection (6), it is a defence for the person to establish that the person had a reasonable excuse for the failure to comply with subsection (1), (2) or (5).(8) A person charged with an offence under subsection (6) is taken to have established a matter that needs to be established for a defence under subsection (7) if—(a) there is sufficient evidence to raise an issue with respect to the matter; and(b) the contrary is not proved by the prosecution beyond reasonable doubt.(Added 22 of 2024 s. 47) 12H. Transfer from practising list to non-practising list (1) This section applies to a person—(a) whose name is contained in the practising list; and(b) who wishes to have the person’s name contained in the non-practising list.(2) The person may apply to the Registrar in the specified form for the transfer of the person’s name from the practising list to the non-practising list.(3) On receiving an application made in accordance with subsection (2), the Registrar must, after the prescribed fee has been paid, alter the General Register by transferring the person’s name from the practising list to the non-practising list.(Added 22 of 2024 s. 47) 12I. Issue of retention certificate to person whose name is contained in non-practising list (1) This section applies to a person whose name is contained in the non-practising list.(2) The person may apply to the Council in the specified form for a retention certificate.(3) On receiving an application made in accordance with subsection (2), the Council must, after the prescribed fee has been paid, issue to the person a retention certificate.(4) The Council may specify in a retention certificate any condition that the Council considers appropriate.(5) If a retention certificate is issued on an application made during a year in respect of a period beginning in that year, the certificate is, subject to subsection (7), to be in force from the time of issue until the end of 2 years immediately following that year.(6) If a retention certificate is issued on an application made during a year in respect of a period beginning in the following year, the certificate is, subject to subsection (7), to be in force for 3 years beginning on the first day of that following year.(7) A retention certificate ceases to be in force if, during the currency of the certificate—(a) its holder ceases to be a person with full registration; or(b) the Registrar cancels the certificate under section 12J(5).(Added 22 of 2024 s. 47) 12J. Transfer from non-practising list to practising list (1) This section applies to a person—(a) whose name is contained in the non-practising list; and(b) who wishes to have the person’s name contained in the practising list.(2) The person may apply to the Registrar for the transfer of the person’s name from the non-practising list to the practising list.(3) An application must—(a) be made in the specified form; and(b) be made at the same time an application for a practising certificate mentioned in section 11A(2) is made.(4) On receiving an application made in accordance with subsection (3), the Registrar must alter the General Register by transferring the person’s name from the non-practising list to the practising list if—(a) the prescribed fee has been paid;(b) the Registrar is satisfied that the condition (if any) specified under section 12I(4) has not been contravened; and(c) a practising certificate has been issued to the person under section 11A(2).(5) On the transfer of the person’s name, the Registrar must cancel the retention certificate issued to the person that is still in force.(Added 22 of 2024 s. 47) 13. Publication of information in General Register and evidence of registration (1) As soon as practicable after 1 January of every year, the Registrar must prepare and publish in the Gazette a list of the name, practice address (if any), qualification, date of qualification, and other particulars that the Registrar considers appropriate, of every person who is a person with full registration, a person with limited registration or a person with special registration on 1 January of the year.(2) As soon as practicable after 1 July of every year, the Registrar must prepare and publish in the Gazette a list of the name, practice address (if any), qualification, date of qualification, and other particulars that the Registrar considers appropriate, of every person—(a) who is a person with full registration, a person with limited registration or a person with special registration on 1 July of the year; and(b) whose name was entered in Part 1, 3 or 5 of the General Register between 1 January and 1 July (both dates inclusive) of the year.(3) A person’s name being contained in a list published under subsection (1) or (2) is prima facie evidence that the person is a person with full registration, a person with limited registration or a person with special registration (as the case requires).(4) The absence of a person’s name from the list last published under subsection (1) and from any list subsequently published under subsection (2) is prima facie evidence that the person is not a person with full registration, a person with limited registration or a person with special registration (as the case requires).(5) A certificate issued by the Registrar stating that a person’s name is or is not, or was or was not, contained in the General Register on a date is conclusive evidence of that fact.(Replaced 22 of 2024 s. 48) 13A. Publication of information in Specialist Register and evidence of inclusion (1) As soon as practicable after 1 January of every year, the Registrar must prepare and publish in the Gazette a list of the name, practice address (if any), qualification, date of qualification, and other particulars that the Registrar considers appropriate, of every person who is a registered specialist dentist on 1 January of the year.(2) As soon as practicable after 1 July of every year, the Registrar must prepare and publish in the Gazette a list of the name, practice address (if any), qualification, date of qualification, and other particulars that the Registrar considers appropriate, of every person—(a) who is a registered specialist dentist on 1 July of the year; and(b) whose name was included in the Specialist Register between 1 January and 1 July (both dates inclusive) of the year.(3) A person’s name being contained in a list published under subsection (1) or (2) is prima facie evidence that the person is a registered specialist dentist.(4) The absence of a person’s name from the list last published under subsection (1) and from any list subsequently published under subsection (2) is prima facie evidence that the person is not a registered specialist dentist.(5) A certificate issued by the Registrar stating that a person’s name is or is not, or was or was not, contained in the Specialist Register on a date is conclusive evidence of that fact.(Replaced 22 of 2024 s. 49) 14. (Repealed 22 of 2024 s. 50) 15. Alterations to General Register and Specialist Register (Amended 22 of 2024 s. 51)(1) If a change of or an addition to the practice address, or a change of the registered address, of a person whose name is contained in the General Register has come to the Registrar’s knowledge, the Registrar must alter the General Register to reflect the change or addition. (Replaced 22 of 2024 s. 51)(1A) If a change of or an addition to the practice address, or a change of the registered address, of a person whose name is contained in the Specialist Register has come to the Registrar’s knowledge, the Registrar must alter the Specialist Register to reflect the change or addition. (Replaced 22 of 2024 s. 51)(1B) The Registrar may, after the prescribed fee has been paid by a person whose name is contained in the General Register or Specialist Register, alter the entry in the Register relating to the person (other than an alteration relating to the practice address or registered address of the person). (Added 22 of 2024 s. 51)(2) The Registrar must make an alteration to the General Register or Specialist Register that is made necessary by any decision of the Council. (Amended 22 of 2024 s. 51)(3) The Council may order the removal from the General Register of the name of a person—(a) who is deceased;(b) who, being a person with full registration, a person with limited registration or a person with special registration, has failed to obtain a certificate specified in subsection (4) (specified certificate) within 6 months after the last of the following dates (if applicable)—(i) the date of the person’s registration;(ii) the expiry date of the last specified certificate issued to the person;(iii) the date on which the person’s name is restored to the General Register under section 27A; or(c) who has not provided to the Registrar an address at which the person may be contacted. (Replaced 22 of 2024 s. 51)(4) A certificate specified for subsection (3)(b) is—(a) in relation to a person with full registration—(i) a practising certificate issued under section 11A; or(ii) a retention certificate; or(b) in relation to a person with limited registration or a person with special registration, a practising certificate issued under section 11A. (Added 22 of 2024 s. 51)(5) An order made under subsection (3) must be signed by the Registrar. (Added 22 of 2024 s. 51)(6) Subject to subsections (7) and (8), the Registrar may remove from the General Register the name of a person—(a) whose name is ordered to be removed under subsection (3); or(b) whose registration under this Part is no longer in force. (Added 22 of 2024 s. 51)(7) The Registrar must cause a copy of an order made under subsection (3)(b) or (c) in respect of a person to be served on the person as soon as practicable after it is made. (Added 22 of 2024 s. 51)(8) The Registrar must not remove the name of a person from the General Register in accordance with an order made under subsection (3) before—(a) if the order is made under subsection (3)(b) or (c)—subject to paragraph (b), the expiry of 1 month after the date on which a copy of the order is served under subsection (7); or(b) if an appeal is made against the order under section 23—the appeal is finally determined. (Added 22 of 2024 s. 51)(9) For the purposes of subsection (3)(c), a person is to be regarded as not having provided an address to the Registrar if—(a) a registered letter is sent to the person at the last registered address provided by the person to the Registrar; and(b) the person fails to acknowledge receipt of the letter within 12 months after the date on which the letter is sent. (Added 22 of 2024 s. 51)(Amended 11 of 2006 s. 14) 15A. Removal of names from Specialist Register (Note : Amendment made by the Dentists Registration (Amendment) Ordinance 2024 (22 of 2024) to this section is partially commenced—see L.N. 146 of 2024.)(1) If—(a) the Council orders a removal of the name of a registered dentist from the General Register under section 15(3), 18 or 18A; and (Amended 22 of 2024 s. 52)(b) the dentist’s name is also included in the Specialist Register,the Registrar shall, at the same time when he removes the dentist’s name from the General Register, also remove the dentist’s name from the Specialist Register.(2) Subject to subsection (3), the Council may order that the name of a registered dentist be removed from the Specialist Register, or be removed from the Register for such period or until the occurrence of such event as the Council specifies.(3) In deciding whether or not to order the removal of the registered dentist’s name from the Specialist Register, the Council shall have regard to—(a) the Education and Accreditation Committee’s recommendation under section 12F(1)(c) and the reasons for it;(b) if the dentist has requested the Committee to review that recommendation under section 12F(5), the result of the review and the reasons for it; and(c) if the dentist has submitted representations under section 12F(7), those representations.(4) An order made under subsection (2) must be signed by the Registrar. (Added 22 of 2024 s. 52)(5) Subject to subsections (6) and (7), the Registrar may remove from the Specialist Register the name of a registered dentist whose name is ordered to be removed under subsection (2). (Added 22 of 2024 s. 52)(6) The Registrar must cause a copy of an order made under subsection (2) in respect of a registered dentist to be served on the registered dentist as soon as practicable after it is made. (Added 22 of 2024 s. 52)(7) The Registrar must not remove the name of a registered dentist from the Specialist Register in accordance with an order made under subsection (2) before—(a) subject to paragraph (b), the expiry of 1 month after the date on which a copy of the order is served under subsection (6); or(b) if an appeal is made against the order under section 23—the appeal is finally determined. (Added 22 of 2024 s. 52)(Added 11 of 2006 s. 15) 15B. (Repealed 22 of 2024 s. 53) Part 12 Dental Care Professionals (Part 12 added 22 of 2024 s.

54) Part 13 Practice Premises (Added 22 of 2024 s. 55) 16. Inspection of premises used for the practice of dentistry (1) A public officer may, with the written authorization of the Council, exercise any or all of the powers specified in subsection (1A), for the purpose of conducting an investigation as to whether a person has done, is doing or is about to do an act that may render the person liable to an inquiry mentioned in section 18. (Replaced 22 of 2024 s. 56)(1A) The powers are—(a) to enter any premises used or proposed to be used for the practice of dentistry;(b) after entering the premises—(i) to inspect the premises;(ii) to observe any procedure or test carried out on the premises;(iii) to take any photograph and video recording on the premises;(iv) to do anything necessary for ascertaining whether a person has done, is doing or is about to do an act that may render the person liable to an inquiry mentioned in section 18. (Added 22 of 2024 s. 56)(1B) The public officer must, if requested, produce the Council’s authorization for inspection. (Added 22 of 2024 s. 56)(2) Any person wilfully obstructing or resisting an officer duly authorized by the Council in the exercise of a power specified in subsection (1A) commits an offence and is liable on summary conviction to a fine at level 1. (Amended 68 of 1986 s. 13; E.R. 7 of 2020; 22 of 2024 s. 56)(3) For the purposes of subsections (1) and (1A), a reference to an act includes an omission. (Added 22 of 2024 s. 56) 17. Premises unsuitable for the practice of dentistry A registrant must not practise dentistry on premises or under conditions which are unsuitable for such practice.(Amended 22 of 2024 s. 57) Part 14 Matters relating to Inquiry or Hearing by Council or Health Committee (Added 22 of 2024 s. 58) 18. Disciplinary inquiries by the Council (Note : Amendments made by the Dentists Registration (Amendment) Ordinance 2024 (22 of 2024) to this section are partially commenced—see L.N. 146 of 2024 and L.N. 183 of 2024.)(1) This section applies if, after due inquiry into a case referred to it by a Preliminary Investigation Committee in accordance with regulations made under section 29, the Council is satisfied that a registrant— (Amended 12 of 1968 s. 4; 22 of 2024 s. 59)(a) has been convicted in Hong Kong or elsewhere of any offence punishable with imprisonment; (Amended 79 of 1984 s. 7)(b) has been guilty in Hong Kong or elsewhere of unprofessional conduct;(c) has obtained registration by fraud or misrepresentation;(ca) has procured his name to be included in the Specialist Register by fraud or misrepresentation; (Added 11 of 2006 s. 16)(d) was not at the time of registration eligible to be registered;(e) has contravened section 17;(f) (Addition not yet in operation—see 22 of 2024 s. 59)(g) has contravened any condition imposed under section 9D, 9H, 9K or 15E, or specified under section 11A or 15H; or (Added 22 of 2024 s. 59)(h) has contravened any provision in a code of practice issued under section 27B. (Added 22 of 2024 s. 59)(1AA) The Council may—(a) if the registrant is a registered dentist or a person with provisional registration—(i) order the name of the registrant to be removed from the General Register permanently; or(ii) order the name of the registrant to be removed from the General Register with a right to apply for restoration under section 27A after the expiry of a period that it considers appropriate;(b) (Addition not yet in operation—see 22 of 2024 s. 59)(c) order the registrant to be reprimanded; or(d) make any other order that it considers appropriate, but no such order may be of greater severity than that mentioned in paragraph (a), (b) or (c). (Added 22 of 2024 s. 59)(1AAB) (Addition not yet in operation—see 22 of 2024 s. 59)(1AAC) The Council may also make any order that the Council considers appropriate with regard to the payment of the costs of any one or more of the following persons—(a) the Secretary;(b) the complainant;(c) a solicitor or counsel present at the inquiry;(d) the registrant. (Added 22 of 2024 s. 59)(1AAD) Any costs awarded under subsection (1AAC) may be recovered summarily as a civil debt in accordance with the Magistrates Ordinance (Cap. 227). (Added 22 of 2024 s. 59)(1A) The Council may, in making any of the orders referred to in subsection (1AA)(a), (b) and (c), order that the operation of such order be suspended so that it shall not take effect unless, during a period or periods specified in the suspending order in aggregate not exceeding 3 years, a finding is made against the registrant under subsection (1) or the registrant is found by the Council to be in breach of any condition imposed by the Council at the time of making the suspending order. (Added 16 of 1992 s. 2)(2) (Repealed 22 of 2024 s. 59)(3) Nothing in this section shall be deemed to require the Council to inquire into the question whether the registrant was properly convicted but the Council may consider any record of the case in which such conviction was recorded and any other evidence which may be available and is relevant as showing the nature and gravity of the offence.(4) (Repealed 22 of 2024 s. 59)(5) Within 1 month after the expiry of the time within which an appeal against an order made by the Council under subsection (1AA) or (1AAC) may be made to the Court of Appeal under section 23, or if such appeal has been made, within 1 month after the appeal is finally determined, the Council must, in the case of an order made under subsection (1AA)(a), (b) or (c), and may, in the case of an order made under subsection (1AA)(d), cause the order or, if the order is varied on appeal, the order as so varied to be published in the Gazette. (Amended 16 of 1992 s. 2; 10 of 2005 s. 55)(6) Where any order is published in the Gazette pursuant to subsection (5), the Council—(a) shall publish with the order—(i) sufficient particulars to acquaint the public with the nature of the matter to which the order relates; and (ii) where an order has been made under subsection (1A) suspending the operation of the order, details of the suspending order; and(b) may publish with the order an account of the proceedings at the inquiry at which the order was made. (Added 16 of 1992 s. 2)(Amended 22 of 2024 s. 59) 19. Powers of Council with regard to obtaining evidence and the conduct of proceedings (Note : Amendments made by the Dentists Registration (Amendment) Ordinance 2024 (22 of 2024) to this section are partially commenced—see L.N. 146 of 2024 and L.N. 183 of 2024.)(1) For the purposes of an inquiry mentioned in section 7E, 9A, 15E or 18, the Council has the following powers— (Amended 22 of 2024 s. 61)(a) to hear, receive and examine evidence on oath; (b) to summon any person to attend the inquiry to give evidence or produce any document or other thing in his possession and to examine him as a witness or require him to produce any document or other thing in his possession, subject to all just exceptions; (c) to admit or exclude the public or any member of the public from the inquiry; (d) to admit or exclude the press from the inquiry; (e) to award any person summoned to attend the inquiry such sum or sums as in the opinion of the Council may have been reasonably expended by him by reason of his attendance. (2) Summonses to witnesses must be signed by—(a) for an inquiry by the Council—the Chairperson; or (Replaced 22 of 2024 s. 61)(b) (Addition not yet in operation—see 22 of 2024 s. 61)(3) If it appears to the Council or Health Committee that it is necessary to do so in the interest of the complainant, the registrant concerned or any witness concerned, the Council or Health Committee may order that all or any information relating to the hearing must not be disclosed. (Added 22 of 2024 s. 61)(4) A person who fails to comply with an order made under subsection (3) commits an offence and is liable on summary conviction to a fine at level 3 and to imprisonment for 6 months. (Added 22 of 2024 s. 61) 20. Penalty for failure to give evidence (Note : Amendment made by the Dentists Registration (Amendment) Ordinance 2024 (22 of 2024) to this section is partially commenced—see L.N. 146 of 2024 and L.N. 183 of 2024.)Any person who being summoned to attend as a witness or produce a book, document or any other thing at any inquiry mentioned in section 7E, 9A, 15E or 18 refuses or neglects to do so or to answer any question put to him by or with the concurrence of the Council commits an offence and is liable on summary conviction to a fine at level 3 and to imprisonment for 6 months: (Amended 68 of 1986 s. 14; 80 of 1997 s. 91; 22 of 2024 s. 62) Provided that no person shall be bound to incriminate himself and every witness shall, in respect of any evidence given by him before the Council, be entitled to the same privileges to which he would be entitled if giving evidence before a court of justice. 21. Appearance of solicitor or counsel (Amended 22 of 2024 s. 63)(Note : Amendment made by the Dentists Registration (Amendment) Ordinance 2024 (22 of 2024) to this section is partially commenced—see L.N. 146 of 2024 and L.N. 183 of 2024.)(1) The complainant in any inquiry mentioned in section 7E, 9A, 15E or 18 and the person whose conduct is the subject of such inquiry shall be entitled to be represented by a solicitor or counsel throughout the inquiry. (Amended 22 of 2024 s. 63) 22. Provisions for Council’s orders under sections 18 and 18A (Amended 22 of 2024 s. 64)(Note : Amendments made by the Dentists Registration (Amendment) Ordinance 2024 (22 of 2024) to this section are partially commenced—see L.N. 146 of 2024.)(1) Subject to subsections (2) and (3), the Registrar may remove from the General Register or Register of Dental Care Professionals the name of a registrant whose name is ordered to be removed under section 18 or 18A. (Replaced 22 of 2024 s. 64)(2) The Registrar must cause a copy of an order made under section 18 or 18A in respect a registrant to be served on the registrant as soon as practicable after it is made. (Replaced 22 of 2024 s. 64)(2A) (Repealed 22 of 2024 s. 64)(3) Unless an order is made under section 18A(2)(d), the Registrar must not remove the name of a registrant from the General Register or Register of Dental Care Professionals in accordance with an order made under section 18 or 18A before—(a) subject to paragraph (b), the expiry of 1 month after the date on which a copy of the order is served under subsection (2); or(b) if an appeal is made against the order under section 23—the appeal is finally determined. (Replaced 22 of 2024 s. 64)(4) Any order made by the Council under section 18 or 18A must be signed by the Registrar. (Amended 22 of 2024 s. 64)(Amended 11 of 2006 s. 17) Part 15 Appeal (Added 22 of 2024 s. 65) 23. Appeals (Note : Amendments made by the Dentists Registration (Amendment) Ordinance 2024 (22 of 2024) to this section are partially commenced—see L.N. 146 of 2024 and L.N. 183 of 2024.)(1) The following person may appeal to the Court of Appeal—(a) a person whose application for registration is rejected by the Council under section 7E, 9A, 9D, 9H, 9K or 15E; (Replaced 22 of 2024 s. 66)(b) any registered dentist whose application under section 12B(1) to have his name included in the Specialist Register is rejected by the Council;(c) a person who is aggrieved by an order made in respect of him or her under section 15, 15A(2), 15K, 18 or 18A; (Amended 22 of 2024 s. 66)(d) a person whose application for a practising certificate is rejected under section 11A or 15H; (Added 22 of 2024 s. 66)(e) a person who is aggrieved by the Council’s decision to impose a condition under section 9D, 9H, 9K or 15E; (Added 22 of 2024 s. 66)(f) a person whose application for restoration is rejected by the Council under section 27A, (Added 22 of 2024 s. 66)and the Court of Appeal may affirm, reverse or vary the order or decision appealed against and may exercise any power that the Council may exercise. (Replaced 11 of 2006 s. 18. Amended 22 of 2024 s. 66)(2) (Repealed 10 of 2005 s. 53)(3) The practice in relation to any such appeal shall be subject to any rules of court made under the High Court Ordinance (Cap. 4). (Amended 25 of 1998 s. 2; 11 of 2006 s. 18)(3A) Despite subsection (3), the Court of Appeal has no power to—(a) hear any appeal against an order made under section 15, 15A(2), 15K, 18 or 18A unless notice of the appeal was given within 1 month of the order being served in accordance with section 15(7), 15A(6), 15K(8) or 22(2) (if service of a copy of the order is required under that section); (Amended 22 of 2024 s. 66)(ab) hear an appeal against a decision made under section 7E, 9A, 9D, 9H, 9K, 15E or 27A to reject an application unless notice of the appeal was given within 1 month after the notice of the decision was given under that section; (Added 22 of 2024 s. 66)(ac) hear an appeal against a decision to impose a condition under section 9D, 9H, 9K or 15E unless notice of the appeal was given within 1 month after the notice of the decision was given under that section; and (Added 22 of 2024 s. 66)(b) hear any appeal against a decision made by the Council to reject an application under section 12B(1) unless notice of the appeal was given within 1 month of the notice of the rejection being given under section 12B(11). (Added 11 of 2006 s. 18)(4) In deciding any appeal under this section the Court of Appeal may make such order for costs as it considers reasonable. (Added 49 of 1977 s. 9) Part 16 Offences (Added 22 of 2024 s. 67) 24. Penalty for fraudulent registration, etc. Any person who fraudulently procures or attempts to procure—(a) himself or any other person to be registered under this Ordinance; or(b) his or any other person’s name to be included in the Specialist Register,by making or producing, or causing to be made or produced, any false or fraudulent representation or declaration, either orally or in writing, commits an offence and is liable on conviction upon indictment to imprisonment for 3 years.(Replaced 11 of 2006 s. 19) 25. Penalty for falsely pretending to be or taking or using the name or title of a dentist (1) Subject to subsection (1A), a person commits an offence if— (Amended 22 of 2024 s. 68)(a) the person is not any of the following—(i) a registered dentist;(ii) a person deemed to be a registered dentist under this Ordinance;(iii) a person with provisional registration; and (Replaced 22 of 2024 s. 68)(b) the person wilfully or falsely— (Amended 22 of 2024 s. 68)(i) pretends to be a dentist, dental surgeon, qualified dentist, doctor of dental surgery, professor of dentistry or surgeon dentist;(ii) takes or uses the name or title of a dentist, dental surgeon, qualified dentist, doctor of dental surgery, professor of dentistry or surgeon dentist; or(iii) takes or uses any name, title, addition or description implying (whether in itself or in the circumstances in which it is used) that the person— (Amended 22 of 2024 s. 68)(A) is a dentist; or(B) is qualified to practise dentistry. (Replaced 22 of 2024 s. 68)(1A) An enrolled dental hygienist (within the meaning of the Ancillary Dental Workers (Dental Hygienists) Regulations (Cap. 156 sub. leg. B)) does not commit an offence under subsection (1) because he or she takes or uses any name, title, addition or description implying (whether in itself or in the circumstances in which it is used) that he or she is qualified to undertake the kinds of dental work prescribed in regulation 6(1) of those Regulations. (Added 22 of 2024 s. 68)(2) A person who commits an offence under subsection (1) is liable on summary conviction to a fine at level 6 and to imprisonment for 3 years.(Replaced 11 of 2006 s. 20) 25A. Penalty for falsely pretending to be or taking or using the name or title of a specialist (1) A person commits an offence if—(a) his name is not included in the Specialist Register; and(b) he wilfully or falsely—(i) pretends that his name is included in the Specialist Register; or(ii) takes or uses any name, title, addition or description implying (whether in itself or in the circumstances in which it is used) that—(A) he is a specialist dentist; or(B) his name is included in the Specialist Register.(2) Subsection (1) applies—(a) whether or not the person is a registered dentist; and(b) whether or not the person is deemed to be a registered dentist under this Ordinance.(3) A person who commits an offence under subsection (1) is liable on summary conviction to a fine at level 6 and to imprisonment for 3 years.(Added 11 of 2006 s. 21) 26. (Repealed 22 of 2024 s. 70) 27. Liability of registrants for allowing another to contravene certain requirements of this Ordinance (1) A registrant commits an offence if—(a) the registrant allows another person to practise dentistry on any premises used by or under the control of the registrant; and(b) that person is not a registrant.(2) A registrant commits an offence if—(a) the registrant, by his or her presence, countenance, advice, assistance or cooperation, knowingly enables another person to practise dentistry; and(b) that person is not a registrant.(3) A registrant commits an offence if—(a) the registrant knows or has reason to believe that another person—(i) is not a registrant; but(ii) practises dentistry on any premises; and(b) the registrant practises dentistry on the premises.(4) A person who commits an offence under subsection (1), (2) or (3) is liable on summary conviction to a fine at level 3 and to imprisonment for 6 months.(5) If a person is charged with an offence under subsection (1) or (2), it is a defence to establish that—(a) the commission of the offence was due to a mistake on the person’s part, or due to reliance on information supplied to the person, or due to the act of another person or any other cause beyond the person’s control; and(b) the person exercised all due diligence to avoid committing the offence.(6) A person charged with an offence under subsection (1) or (2) is taken to have established a matter that needs to be established for a defence under subsection (5) if—(a) there is sufficient evidence to raise an issue with respect to the matter; and(b) the contrary is not proved by the prosecution beyond reasonable doubt.(7) (Addition not yet in operation—see 22 of 2024 s. 71)(Replaced 22 of 2024 s. 71) Part 17 Miscellaneous (Added 22 of 2024 s. 72) 27A. Restoration of persons whose names have been removed from registers (Note : Addition of this section by the Dentists Registration (Amendment) Ordinance 2024 (22 of 2024) is partially commenced—see L.N. 146 of 2024.)(1) This section applies if—(a) the name of a person was removed from a part of the General Register or Register of Dental Care Professionals (original part); and(b) either—(i) the name was so removed on an order made under section 18 or 18A with a right to apply for restoration under this section after the expiry of a period; or(ii) the name was so removed on an order made under section 15(3) or 15K(4).(2) The person may apply to the Council for the restoration of the person’s name to the original part.(3) The application must—(a) for subsection (1)(b)(i)—be made after the expiry of the period mentioned in that subsection;(b) be made in the specified form; and(c) if the original part is Part 1 of the General Register—indicate the applicant’s wish, if the application is approved, to have the applicant’s name contained in the practising list or the non-practising list.(4) The Council may, after any inquiry and subject to any condition that it considers appropriate, approve or reject the application.(5) The Council must notify the Registrar of—(a) the Council’s decision; and(b) if the application is rejected—the reason for it.(6) On receiving a notification under subsection (5), the Registrar must—(a) if the application is approved—(i) notify the applicant in writing of the Council’s decision; and(ii) after the prescribed fee has been paid, restore the applicant’s name to the original part; or(b) if the application is rejected, notify the applicant in writing of the Council’s decision and the reason for it.(7) If, before the name was removed, the person was a person with limited registration or a person with special registration, the registration of the person effected by the restoration of the person’s name under this section is to be in force until the earliest of the following—(a) the expiry of the period specified under section 9D(3)(a) or 9K(3)(a) in respect of the limited registration or special registration;(b) the termination of the person’s employment mentioned in section 9D(2)(a) or 9K(2)(a);(c) the removal of the person’s name from Part 3 or 5 of the General Register under an order made under section 15, 18 or 18A.(8) If the original part is Part 1 of the General Register, the Register must enter the applicant’s name in the practising list or the non-practising list according to the wish indicated under subsection (3)(c).(Added 22 of 2024 s. 73) 27B. Council may issue code of practice (1) The Council may issue a code of practice for any or all of the following purposes—(a) setting the standards of conduct and practice for registrants in relation to the practice of dentistry;(b) providing guidelines regarding the activities of registrants in relation to the practice of dentistry.(2) The Council—(a) may issue different codes of practice for different classes of registrants; and(b) may issue different codes of practice for different purposes.(3) The Council may from time to time revise or revoke the whole, or any part, of a code of practice.(4) The Secretary must, as soon as practicable after the registration of a person, cause a copy of a code of practice that applies to the person to be sent to the person.(5) If any part of a code of practice that applies to a person is revised under subsection (3), the Secretary must, as soon as practicable after the revision, cause a copy of the revised part of the code of practice to be sent to the person.(6) If a code of practice issued or revised under this section (or any part of the code of practice) (former provision) is inconsistent with this Ordinance or regulations made under section 29 (latter provision), the latter provision prevails over the former provision.(Added 22 of 2024 s. 73) 27C. Registrar may request provision of means of contact The Registrar may request a person to provide to the Registrar a means of contact (other than an address) for the purposes of section 27D(2)(c).(Added 22 of 2024 s. 73) 27D. Means of service etc. (Note : Addition of this section by the Dentists Registration (Amendment) Ordinance 2024 (22 of 2024) is partially commenced—see L.N. 146 of 2024 and L.N. 183 of 2024.)(1) This section applies in relation to the following documents—(a) a notice required to be given to a person under section 5Q(1), 7E(5), 9A(5), 9D(5), 9H(4), 9K(5), 12B(5)(b) or (11), 12F(4) or (6), 15E(6) or 27A(6);(b) a copy of an order required to be served on a person under section 15(7), 15A(6), 15K(8) or 22(2);(c) a copy of a code of practice, or the revised part of a code of practice, required to be sent to a person under section 27B(4) or (5); and(d) a summons mentioned in section 19(2).(2) The document is to be regarded as having been given or sent to, or served on, a person if—(a) it is delivered personally;(b) it is sent by post—(i) if the person is a registrant—to the last registered address provided by the person to the Registrar; or(ii) if the person is not a registrant—to the person’s address last known to the Registrar; or(c) it is sent by using a means of contact provided under section 27C.(3) The document is, in the absence of evidence to the contrary, to be regarded as having been given or sent to, or served on, a person—(a) if it is delivered personally—on the day on which it is delivered;(b) if it is sent by post—on the day after the day on which it is sent; or(c) if it is sent by using a means of contact provided under section 27C—on the day on which it is sent.(Added 22 of 2024 s. 73) 28. Forfeiture (1) Where a person has been convicted of an offence against section 3(1) or (1B), a magistrate may, on application made on behalf of the Government, order that all dental materials and equipment in the possession or under the control of such person shall be forfeited to the Government. (Amended 22 of 2024 s. 74)(2) Upon the making of an order for forfeiture under this section, the materials and equipment to which such order relates shall be deemed to be the property of the Government free from the rights of any person.(Amended 37 of 2000 s. 3) 29. Regulations (1) The Chief Executive in Council may by regulation provide for— (Amended 37 of 2000 s. 3)(a) any fee required to be paid under this Ordinance; and(b) the disposal of any fee paid or recovered under this Ordinance. (Replaced 80 of 1997 s. 7)(c)-(m) (Repealed 80 of 1997 s. 7)(1A) The Secretary for Health may by regulation provide for— (Amended L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)(a) the functions of the Registrar;(b) the functions of a Legal Adviser; and(c) the functions of the Secretary;(d) the establishment of classes of ancillary dental workers to undertake dental work of kinds prescribed by the regulations, being dental work amounting to the practice of dentistry, within the meaning of section 2(2), and in particular—(i) the qualifications for becoming a member of any such class;(ii) the dental work which a member of any such class may undertake and the conditions, if any, under which he may do so;(iii) the establishment of a roll or record of such classes; and(iv) the title to be used by a member of any such class indicating his membership. (Added 80 of 1997 s. 7)(1AB) The Permanent Secretary for Health may by regulation provide for the procedure and other matters relating to an election for appointment to the Council under section 4, including the qualifications of candidates, the eligibility requirements for electors and subscribers for a nomination form, the particulars of any system of voting and counting, the determination of election results and questioning of the results. (Added 22 of 2024 s. 75)(1B) The Registrar may by regulation provide for—(a) the manner in which the General Register and Specialist Register are to be kept; and (Replaced 11 of 2006 s. 22)(b) the manner in which applications for registrations shall be made. (Added 80 of 1997 s. 7)(1C) Subject to the approval of the Secretary for Health, the Council may by regulation provide for— (Amended L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)(a) the procedure to be followed at meetings of the Council, a committee established under section 5AC or a subcommittee established under section 5AD, and the procedure to be followed by the members of the Council, committee or subcommittee;(b) the receipt of complaints or information about a registrant or an applicant for registration;(ba) the ascertainment by the chairperson of a Preliminary Investigation Committee as to whether a complaint or information about any registered dentist involves a suitability issue and the referral of such a complaint or information involving a suitability issue to the Education and Accreditation Committee; (Added 11 of 2006 s. 22)(c) the prohibition of a member of a Preliminary Investigation Committee who is also a member of the Council from attending any meeting of the Council while it is inquiring into a complaint or information, in the preliminary investigation of which he took part;(d) the procedure to be followed in relation to—(i) the submission of complaints or information to a Preliminary Investigation Committee;(ii) the preliminary investigation of any complaint or information by a Preliminary Investigation Committee;(iii) the formulation of charges arising out of complaints or information;(iv) the reference to the Council by a Preliminary Investigation Committee of cases arising out of complaints or information;(v) inquiries held by the Council under this Ordinance; and(vi) reviews and appeals under this Ordinance; (Added 22 of 2024 s. 75)(da) the procedure and other matters relating to an election for appointment to the Council under section 4, including the qualifications of candidates, the eligibility requirements for electors and subscribers for a nomination form, the particulars of any system of voting and counting, the determination of election results and questioning of the results; (Added 22 of 2024 s. 75)(db) the regulation of the activities of registrants in relation to the practice of dentistry; and (Added 22 of 2024 s. 75)(e) the form of any certificate, form or other document which is a certificate, form or other document to be used for a purpose of this Ordinance and required to be prescribed. (Added 80 of 1997 s. 7. Amended 11 of 2006 s. 22)(1D) Without prejudice to the generality of subsections (1A), (1AB), (1B) and (1C), regulations made under subsections (1A), (1AB) and (1C) may— (Amended 22 of 2024 s. 75)(a) require documents for a purpose of this Ordinance to be submitted and to be in such form as may be prescribed and require matters or documents for that purpose to be supported by statutory declarations or such other declarations as specified or approved by the Council;(ab) provide for any incidental, supplemental, evidential, consequential, savings and transitional provisions that are necessary and expedient in consequence of the regulations; and (Added 22 of 2024 s. 75)(b) generally provide for the carrying into effect the provisions of this Ordinance. (Added 80 of 1997 s. 7)(2) Any regulations made under subsection (1)(a) may prescribe different fees to be payable by different categories of persons. (Added 49 of 1977 s. 11. Amended 80 of 1997 s. 7)(Amended 22 of 2024 s. 75) 29A. Power of Council to specify forms, etc. (1) The Council may specify—(a) the form and manner of making an application under this Ordinance; and (Replaced 22 of 2024 s. 76)(b) the form of a certificate or any other document required, or authorized, to be issued under this Ordinance. (Replaced 22 of 2024 s. 76)(2) The Council’s power under subsection (1)(a) may be exercised in such a way as to include (whether by way of attachment or otherwise) in the specified form a statutory declaration—(a) to be made by a person completing the form; and(b) as to whether the particulars contained in the form are true and correct to the best of the person’s knowledge and belief. (Amended 22 of 2024 s. 76)(3) A form specified under subsection (1)(a) shall be—(a) completed in accordance with such directions and instructions as are specified in the form; and(b) accompanied by such statements, certificates or any other documents as are specified in the form.(Added 11 of 2006 s. 23) 29B. Secretary for Health may give directions (1) The Secretary for Health may, if the Secretary for Health considers it is in the public interest, give written directions of a general or specific character to the Council in relation to the performance of its functions.(2) The Council must comply with any direction given under subsection (1).(Added 22 of 2024 s. 77) 29C. Amendment of Schedules (Note : Addition of this section by the Dentists Registration (Amendment) Ordinance 2024 (22 of 2024) is partially commenced—see L.N. 146 of 2024 and L.N. 183 of 2024.)(1) The Council may, subject to the approval of the Legislative Council, amend Schedule 1 by notice published in the Gazette.(2) Subject to the approval of the Secretary for Health, the Council may, by notice published in the Gazette, amend Schedule 2.(3) The Secretary for Health may, by notice published in the Gazette, amend Schedule 3, 4, 5, 6, 7, 8, 10 or 11.(4) The Council may, by notice published in the Gazette, amend Schedule 9.(Added 22 of 2024 s. 77) 30. Exemptions from requirements relating to provision of address and registration etc. (Amended 22 of 2024 s. 78)(Note : Amendments made by the Dentists Registration (Amendment) Ordinance 2024 (22 of 2024) to this section are partially commenced—see L.N. 146 of 2024 and L.N. 183 of 2024.)(1) All registrants in the public service of Hong Kong shall, while in the discharge of their duties or while practising dentistry otherwise than for gain in a charitable clinic approved by the Council, be exempt from sections 12G and 15I. (2) All dentists of the Chinese People’s Liberation Army residing in Hong Kong shall, while in the discharge of their duties or while practising dentistry otherwise than for gain in a charitable clinic approved by the Council, be deemed to be registered dentists for the purpose of section 3, and Divisions 3, 4, 5, 6 and 7 of Part 11, and sections 11A and 12G do not apply to such dentists unless they practise dentistry privately in Hong Kong. (Amended 2 of 2012 s. 3)(3) All persons on the full-time teaching staff of the Faculty of Dentistry of the University of Hong Kong shall, while in the discharge of teaching duties or while performing hospital work in the Faculty of Dentistry—(a) be deemed to be registered dentists for the purpose of section 3, (b) (Repealed 22 of 2024 s. 78)unless they practise dentistry privately within Hong Kong. (Replaced 34 of 1995 s. 7) (4) All registrants in the full-time service of the Hospital Authority are exempt from sections 12G and 15I, unless they practise dentistry privately in Hong Kong. (Added 87 of 1991 s. 2) (Amended 24 of 1962 s. 4; 79 of 1984 s. 5; 62 of 1987 s. 8; 34 of 1995 s. 7; 22 of 2024 s. 78) 31. Exemptions (1) Nothing in this Ordinance shall operate to prevent the practice of medicine or surgery by a medical practitioner registered under the Medical Registration Ordinance (Cap. 161). (2) Nothing in this Ordinance shall operate to prevent the training of medical students, dental students, dental therapists or dental hygienists in the practice of dentistry under the supervision of a registered dentist or a person deemed to be a registered dentist during a course of training operated by an institution approved by the Chief Executive for the purpose of this section. (Replaced 79 of 1984 s. 6. Amended 62 of 1987 s. 9; 37 of 2000 s. 3) (3) Nothing in this Ordinance shall operate to prevent the performance by dental therapists employed in the public service of minor dental work of such a character as may be authorized in writing by a government consultant dental surgeon appointed by the Director of Health for that purpose. (Amended 10 of 1966 s. 3; 79 of 1984 s. 6; L.N. 76 of 1989) (4) This Ordinance does not prevent the operation of an irradiating apparatus by a person authorized to operate the apparatus under regulation 26 of the Radiation (Control of Irradiating Apparatus) Regulations (Cap. 303 sub. leg. B). (Added 22 of 2024 s. 79) 32. Transitional (1) If the Council has, before the commencement* of section 7(3), approved a registered dentist to use, or be known in, a specialist title for a specialty, and the approval is in effect immediately before that commencement, the Registrar shall, on that commencement, include the dentist’s name in the Specialist Register under the specialty.(2) The Registrar shall, on receipt of payment of the prescribed fee, issue a certificate, in the form specified by the Council, to the effect that a registered dentist’s name has been included in the Specialist Register under subsection (1) under a specialty.(Added 11 of 2006 s. 24) Editorial Note: * Commencement date: 30 November 2006. 33. Savings and transitional provisions for Dentists Registration (Amendment) Ordinance 2024 (22 of 2024) The savings and transitional provisions in Schedule 11 have effect.(Added 22 of 2024 s. 80) 34. Regulations for consequential amendments consequent on enactment of Dentists Registration (Amendment) Ordinance 2024 (22 of 2024) (1) The Secretary for Health may by regulation make consequential or related amendments to any enactment as are necessary consequent on the enactment of the Amendment Ordinance.(2) For the purposes of subsection (1), regulations made under that subsection may include savings and transitional provisions relating to the consequential or related amendments.(3) Regulations made under subsection (1) may provide for any provision of the regulations to take effect on a date earlier than the date of publication of the regulations (publication date) but not earlier than the day on which section 80 of the Amendment Ordinance comes into operation*.(4) To the extent to which a provision of regulations made under subsection (1) takes effect on a date earlier than the publication date, the provision does not operate so as—(a) to affect, in a way prejudicial to any person (other than the Government or a public body), the rights of that person before the publication date; or(b) to impose liabilities on a person (other than the Government or a public body) in respect of anything done, or omitted to be done, before the publication date.(5) In this section—Amendment Ordinance (《修訂條例》) means the Dentists Registration (Amendment) Ordinance 2024 (22 of 2024).(Added 22 of 2024 s. 80) Editorial Note: * Date of coming into operation: 1 January 2025. Schedule 1 (Amended 22 of 2024 s. 81)[ss. 2 & 29C](Amended 22 of 2024 s. 81)Universities in Hong Kong Specified for purposes of Definition of Qualifying Degree in Dentistry in Section 2(1) (Schedule added 9 of 2002 s. 2—renumbered as Schedule 1 in 2025. Amended 22 of 2024 s. 81) 1. The University of Hong Kong(Amended E.R. 7 of 2020) Schedule 2 [ss. 2A & 29C]Services Specified for Meaning of Practising Dentistry (Schedule 2 added 22 of 2024 s. 82) 1. Examine the condition of the mouth, teeth or jaws of another person, or their associated structures, to facilitate the diagnosis or treatment of any disease, pain, disorder, deficiency, deformity, discolouration, lesion or injury of the mouth, teeth, jaws or structures, including, without limiting the provision above, the taking of a digital impression with an intra-oral scanner 2. Diagnose or treat any disease, pain, disorder, deficiency, deformity, discolouration, lesion or injury of the mouth, teeth or jaws of another person, or their associated structures 3. Perform any procedure or operation on another person that is adjunctive to a service mentioned in item 1 or 2 4. Prescribe, apply or insert any substance, artificial tooth, filling, device, appliance or prosthesis for the alteration, restoration, regulation or improvement of the mouth, teeth or jaws of another person, or their associated structures, including, without limiting the provision above—(a) the carrying out of dental bleaching or teeth whitening procedure;(b) the prescription of clear aligner; and(c) the carrying out of teeth veneering procedure Schedule 4 [ss. 2 & 29C]Schedule 4 Institutions (Limited Registration) (Schedule 4 added 22 of 2024 s. 82) 1. Department of Health 2. Hospital Authority 3. The University of Hong Kong 4. The Prince Philip Dental Hospital 5. Chung Shak Hei (Cheung Chau) Home for The Aged Limited 6. Emmanuel Medical Mission 7. H.K.S.K.H. Lady MacLehose Centre Dental Clinic Limited 8. Hong Kong Baptist Mr. & Mrs. Au Shue Hung Rehabilitation And Healthcare Home Limited 9. Hong Kong Christian Service 10. The Hong Kong Health Care Federation Limited 11. Hong Kong Young Dentist Federation Limited 12. Hope Worldwide 13. Ka Shui Garden Limited 14. Kwai Tsing Safe Community and Healthy City Association 15. The Lok Sin Tong Benevolent Society, Kowloon 16. The Methodist Church, Hong Kong Yang Dental Clinic Limited 17. Po Leung Kuk 18. Prestige Health Care Charity Limited 19. S.K.H. Crown of Thorns Church Kit Tak Dental Clinic Limited 20. St. James’ Settlement 21. Sunny Days Smile Limited 22. United Christian Medical Service 23. Caritas Dental Clinics Limited 24. Christian Family Service Centre Dental Services Limited 25. Community Elderly and Special Care Dental Service Foundation Limited 26. Haven of Hope Christian Service 27. Hello Smile Hong Kong Limited 28. The Hong Kong Tuberculosis, Chest and Heart Diseases Association 29. Loving Smiles Foundation Limited 30. Pok Oi Hospital 31. Project Concern Hong Kong 32. Stewards Peace Dental Clinic Limited 33. Tak Shun Dental Clinic Limited 34. Tung Wah Group of Hospitals 35. Yan Chai Hospital 36. YOT Tin Ka Ping Dental Clinic Limited 37. Yan Oi Tong Limited 38. Chi Lin Nunnery 39. Vocational Training Council(Amended L.N. 24 of 2025) Schedule 5 [ss. 2 & 29C]Schedule 5 Institutions (Special Registration) (Schedule 5 added 22 of 2024 s. 82) 1. Department of Health 2. Hospital Authority 3. The University of Hong Kong 4. The Prince Philip Dental Hospital 5. Chung Shak Hei (Cheung Chau) Home for The Aged Limited 6. Emmanuel Medical Mission 7. H.K.S.K.H. Lady MacLehose Centre Dental Clinic Limited 8. Hong Kong Baptist Mr. & Mrs. Au Shue Hung Rehabilitation And Healthcare Home Limited 9. Hong Kong Christian Service 10. The Hong Kong Health Care Federation Limited 11. Hong Kong Young Dentist Federation Limited 12. Hope Worldwide 13. Ka Shui Garden Limited 14. Kwai Tsing Safe Community and Healthy City Association 15. The Lok Sin Tong Benevolent Society, Kowloon 16. The Methodist Church, Hong Kong Yang Dental Clinic Limited 17. Po Leung Kuk 18. Prestige Health Care Charity Limited 19. S.K.H. Crown of Thorns Church Kit Tak Dental Clinic Limited 20. St. James’ Settlement 21. Sunny Days Smile Limited 22. United Christian Medical Service 23. Caritas Dental Clinics Limited 24. Christian Family Service Centre Dental Services Limited 25. Community Elderly and Special Care Dental Service Foundation Limited 26. Haven of Hope Christian Service 27. Hello Smile Hong Kong Limited 28. The Hong Kong Tuberculosis, Chest and Heart Diseases Association 29. Loving Smiles Foundation Limited 30. Pok Oi Hospital 31. Project Concern Hong Kong 32. Stewards Peace Dental Clinic Limited 33. Tak Shun Dental Clinic Limited 34. Tung Wah Group of Hospitals 35. Yan Chai Hospital 36. YOT Tin Ka Ping Dental Clinic Limited 37. Yan Oi Tong Limited 38. Chi Lin Nunnery 39. Vocational Training Council(Amended L.N. 24 of 2025) Schedule 6 [ss. 2 & 29C]Schedule 6 Institutions (Internship) (Schedule 6 added 22 of 2024 s. 82) 1. Department of Health 2. Hospital Authority Schedule 7 [ss. 2 & 29C]Schedule 7 Institutions (Period of Assessment) (Schedule 7 added 22 of 2024 s. 82) 1. Department of Health 2. Hospital Authority Schedule 8 [ss. 8A, 8B & 29C]Specified Period (Schedule 8 added 22 of 2024 s. 82) Part 1 Internship 12 months Part 2 Period of Assessment 12 months Schedule 9 [ss. 5AE & 29C]Provisions with respect to Committee Established under Section 5AC and Subcommittee Established under Section 5AD (Schedule 9 added 22 of 2024 s. 82)(Note : Addition of this Schedule by the Dentists Registration (Amendment) Ordinance 2024 (22 of 2024) is partially commenced—see L.N. 146 of 2024.) 1. Interpretation In this Schedule—committee (委員會) means a committee established under section 5AC;subcommittee (委員會小組) means a subcommittee established under section 5AD. 2. Terms of members (1) Subject to subsection (3) and section 3 of this Schedule, a member of a committee (other than one established under section 5AC(2))—(a) holds office for the period specified in the member’s letter of appointment; and(b) is eligible for reappointment.(2) Subject to subsection (3) and section 3 of this Schedule, a member of a subcommittee—(a) holds office for the period specified in the member’s letter of appointment; and(b) is eligible for reappointment.(3) A member of a committee or subcommittee may at any time resign by giving written notice to the Chairperson or Secretary. 3. Vacation of office If an order is made under section 18 or 18A in respect of a member of a committee or subcommittee, the member ceases to be such a member. 4. Temporary members (1) If a member of a committee is temporarily unable to perform the functions as a member of the committee during a period, another person who is eligible for appointment as such a member may be appointed by the Chairperson to be temporarily a member of the committee during the period.(2) If a member of a subcommittee established by a committee is temporarily unable to perform the functions as a member of the subcommittee during a period, another person who is eligible for appointment as such a member may be appointed by the Chairperson, or the chairperson of the committee, to be temporarily a member of the subcommittee during the period. 5. Outgoing member to continue transacting business (1) This section applies if a committee or subcommittee is considering a complaint or an information, or conducting a hearing or review, at the time when—(a) a notice of resignation is given by a person under section 2(3) of this Schedule; or(b) the membership or temporary membership of the committee or subcommittee of a person terminates otherwise than by resignation.(2) The person must—(a) for a person that is a member of a committee—if requested by the Council or the Chairperson, continue to be a member of the committee for the purpose of completing the performance of the person’s function in respect of that complaint, information, hearing or review and for no other purpose; or(b) for a person that is a member of a subcommittee—if requested by the Council, the Chairperson, the committee that established the subcommittee or the chairperson of the committee, continue to be a member of the subcommittee for the purpose of completing the performance of the person’s function in respect of that complaint, information, hearing or review and for no other purpose. 6. Meetings (1) At a meeting of a committee or subcommittee—(a) except for a committee established under section 5AC(2)(e), the chairperson of the committee or subcommittee must preside at the meeting; and(b) except for a committee established under section 5AC(2), if the chairperson is absent, the members present must elect one of them to preside at the meeting.(2) A question for determination at any meeting of a committee or subcommittee must be decided by a majority of the members present and voting on the question.(3) At any meeting of a committee or subcommittee, the chairperson of the committee or subcommittee has an original vote and, if on any question the votes are equally divided, a casting vote.(4) Subject to subsection (5), a committee or subcommittee may transact any of its business by circulation of papers.(5) Subsection (4) does not apply to a committee established under section 5AC(2)(d) or (e) or a subcommittee established by such a committee.(6) Subject to subsection (8), on the circulation of papers, a written resolution—(a) in respect of which all members of the committee or subcommittee indicate their votes in writing; and(b) passed by the number of members required for passing the resolution at a meeting of the committee or subcommittee,is as valid as if it had been passed at a meeting of the committee or subcommittee by the members who vote on the resolution.(7) A member of a committee or subcommittee may, by giving a written notice to the chairperson of the committee or subcommittee within the period specified in the papers being circulated, request the chairperson to refer a matter to be determined by circulating the papers to a meeting of the committee or subcommittee for determination.(8) If a member gives a notice under subsection (7) in relation to a matter, a resolution that relates to the matter passed in accordance with subsection (6)(b) is invalid to the extent that it so relates.(9) For the purposes of this section, a reference to the circulation of papers includes the circulation of information by electronic means. 7. Secretary (1) The Council may appoint a person to be a secretary to a committee.(2) A committee establishing a subcommittee may appoint a person to be a secretary to the subcommittee. 8.

Procedure Except where express provision about the procedure of a committee or subcommittee is made in this Ordinance or regulations made under section 29, a committee or subcommittee may regulate its own procedure. Schedule 10 [ss. 7C, 8 & 29C]Conditions for Full Registration (Schedule 10 added 22 of 2024 s. 82) 1. For a person who has not worked under full-time employment as a person with special registration in any Schedule 5 institution at any time during the period mentioned in section 8(1)(c)(i)—the person has passed the clinical part of the Licensing Examination. 2. For a person who has worked under full-time employment as a person with special registration in one or more Schedule 5 institutions at any time during the period mentioned in section 8(1)(c)(i)—the person has passed, or been exempted under section 7C from, the clinical part of the Licensing Examination. Schedule 11 [ss. 29C & 33]Savings and Transitional Provisions for Dentists Registration (Amendment) Ordinance 2024 (Schedule 11 added 22 of 2024 s. 82) Part 1 Matters relating to Registration 1. Interpretation of Part 1 of Schedule 11 (1) In this Part—amended Ordinance (《經修訂條例》) means this Ordinance as amended by the Amendment Ordinance;Amendment Ordinance (《修訂條例》) means the Dentists Registration (Amendment) Ordinance 2024 (22 of 2024);*commencement date (生效日期) means the date on which section 35 of the Amendment Ordinance comes into operation;existing prescribed fee (原有訂明費用), in relation to a matter, means the fee prescribed for the matter in the pre-amended Regulation;existing register (原有名冊) means the General Register kept under section 7(1) of the pre-amended Ordinance;existing registrant (原有註冊人) means a person whose name is contained in the existing register immediately before the commencement date;new register (新名冊) means the General Register kept under section 7(1) of the amended Ordinance;pre-amended Ordinance (《原有條例》) means this Ordinance as in force immediately before the commencement date;pre-amended Regulation (《原有規例》) means the Dentists (Registration and Disciplinary Procedure) Regulations (Cap. 156 sub. leg. A) as in force immediately before the commencement date.(2) For the purposes of this Part—(a) a person is on the resident list of the existing register if the name of the person is contained in the form mentioned in regulation 3(a) of the pre-amended Regulation; and(b) a person is on the non-resident list of the existing register if the name of the person is contained in the form mentioned in regulation 3(b) of the pre-amended Regulation,and references to the resident list and the non-resident list are to be construed accordingly. Editorial Note: * Commencement date: 1 January 2025. 2. Registration and register (1) On the commencement date, an existing registrant is to be regarded as a person with full registration.(2) Accordingly, the Registrar must, on the commencement date—(a) transfer the name and particulars of each existing registrant on the resident list of the existing register to the practising list of Part 1 of the new register; and(b) transfer the name and particulars of each existing registrant on the non-resident list of the existing register to the non-practising list of Part 1 of the new register.(3) On the transfer of a person’s name and particulars under subsection (2)(b), the person is to be regarded as having been issued a retention certificate under section 12I(3) of the amended Ordinance that is, subject to section 12I(7) of the amended Ordinance, to be in force until—(a) if the commencement date falls on a date not later than 30 June of a year—the end of that year; or(b) if the commencement date falls on a date later than 30 June of a year—the end of the following year. 3. Addresses (1) This section applies to a person whose name and particulars are transferred to the new register under section 2(2) of this Schedule.(2) If the name and particulars of the person are transferred under section 2(2)(a) of this Schedule—(a) if only one address is transferred—that address is to be regarded as an address provided on the commencement date by the person under section 12G(1) and (2) of the amended Ordinance; or(b) if more than one address is so transferred—(i) all those addresses are to be regarded as addresses provided on the commencement date by the person under section 12G(2) of the amended Ordinance; and(ii) the latest address indicated by the person to the Registrar before the commencement date as the correspondence address is to be regarded as an address provided on the commencement date by the person under section 12G(1) of the amended Ordinance.(3) If the name and particulars of the person are transferred under section 2(2)(b) of this Schedule, the address in Hong Kong so transferred is to be regarded as an address provided on the commencement date by the person under section 12G(1) of the amended Ordinance. 4. Existing certification of registration (1) On and after the commencement date, a certificate of registration issued under section 10(1) of the pre-amended Ordinance that was in force immediately before the commencement date continues to be in force as if it were issued under section 10 of the amended Ordinance to a person with full registration.(2) Accordingly, a duplicate or certified copy of such a certificate is to be regarded as a duplicate or certified copy of a certificate of registration issued under section 10 of the amended Ordinance to a person with full registration. 5. Pending application for registration (1) An application made under section 9 of the pre-amended Ordinance that was pending immediately before the commencement date is, subject to subsections (2) and (3), to continue to be processed under that section.(2) If an application referred to in subsection (1) is approved on or after the commencement date, the Registrar must, after the existing prescribed fee has been paid—(a) enter the applicant’s name in—(i) if the applicant indicated that the applicant wished, if the application was approved, to have the applicant’s name contained in the resident list of the existing register—the practising list of Part 1 of the new register; or(ii) if the applicant indicated that the applicant wished, if the application was approved, to have the applicant’s name contained in the non-resident list of the existing register—the non-practising list of Part 1 of the new register; and(b) issue to the applicant a certificate of registration under section 10 of the amended Ordinance.(3) If an application referred to in subsection (1) is rejected on or after the commencement date, the decision is to be regarded as a decision made by the Council to reject an application under section 9A(3) of the amended Ordinance and sections 9A(4) and (5) and 23 of the amended Ordinance apply in relation to the decision accordingly. 6. Pending application for restoration of name to register (1) This section applies if—(a) before the commencement date, a person’s name was removed from the existing register under section 15(3) or 18(1)(i) or (ii) of the pre-amended Ordinance;(b) the person has, before the commencement date, applied to the Council for the restoration of the person’s name to the existing register under section 22(3) of the pre-amended Ordinance; and(c) the application was pending immediately before the commencement date.(2) The application is, subject to subsection (3), to continue to be processed under section 22(3) of the pre-amended Ordinance.(3) If the application is allowed on or after the commencement date, the Registrar must, after the existing prescribed fee has been paid, enter the applicant’s name in—(a) if the applicant indicated that the applicant wished, if the application was allowed, to have the applicant’s name contained in the resident list of the existing register—the practising list of Part 1 of the new register; or(b) if the applicant indicated that the applicant wished, if the application was allowed, to have the applicant’s name contained in the non-resident list of the existing register—the non-practising list of Part 1 of the new register.(4) On entering the person’s name under this section, the certificate of registration issued to the person under section 10(1) of the pre-amended Ordinance that was in force immediately before the removal is to be regarded as being in force as if it were issued under section 10 of the amended Ordinance to a person with full registration.(5) Accordingly, a duplicate or certified copy of such a certificate is to be regarded as a duplicate or certified copy of a certificate of registration issued under section 10 of the amended Ordinance to a person with full registration. 7. Restoration of name removed under pre-amended Ordinance (other than one removed for specified period) (1) This section applies if—(a) before the commencement date, a person’s name was removed from the existing register under section 15(3) or 18(1)(i) of the pre-amended Ordinance; and(b) either—(i) there was no pending application under section 22(3) of the pre-amended Ordinance for the restoration of the person’s name to the existing register immediately before the commencement date; or(ii) there was such an application immediately before the commencement date and the application was refused.(2) Section 27A of the amended Ordinance applies in relation to the person as if the person’s name were removed from Part 1 of the new register on an order made under section 15(3) of the amended Ordinance. 8. Restoration of name removed under pre-amended Ordinance for specified period (1) This section applies if—(a) before the commencement date, a person’s name was removed from the existing register for a period under section 18(1)(ii) of the pre-amended Ordinance; and(b) either—(i) there was no pending application under section 22(3) of the pre-amended Ordinance for the restoration of the person’s name to the existing register immediately before the commencement date; or(ii) there was such an application immediately before the commencement date and the application was refused.(2) Section 27A of the amended Ordinance applies in relation to the person as if the person’s name were removed from Part 1 of the new register on an order made under section 18 of the amended Ordinance with a right to apply for restoration under section 27A of the amended Ordinance after the expiry of the period. 9. Existing practising certificate On and after the commencement date, a practising certificate issued to a person under section 11A(2) of the pre-amended Ordinance that was in force immediately before the commencement date continues to be in force for the unexpired period as if it were a practising certificate issued under section 11A(2) of the amended Ordinance to—(a) if the person is a person mentioned in section 11A(8)(a) of the pre-amended Ordinance—a person with full registration; or(b) if the person is a person mentioned in section 11A(8)(b) of the pre-amended Ordinance—a person with limited registration. 10. Pending application for practising certificate (1) An application made by a person under section 11A of the pre-amended Ordinance that was pending immediately before the commencement date is, subject to subsection (2), to continue to be processed under that section.(2) If an application referred to in subsection (1) is approved on or after the commencement date, the Council must, after the existing prescribed fee has been paid, issue a practising certificate under section 11A of the amended Ordinance to the person as if the application were made by—(a) if the person is a person mentioned in section 11A(8)(a) of the pre-amended Ordinance—a person with full registration; or(b) if the person is a person mentioned in section 11A(8)(b) of the pre-amended Ordinance—a person with limited registration. Part 2 Matters relating to Council and Committees 11. Interpretation of Part 2 of Schedule 11 In this Part—amended Ordinance (《經修訂條例》) means this Ordinance as amended by the Amendment Ordinance;Amendment Ordinance (《修訂條例》) means the Dentists Registration (Amendment) Ordinance 2024 (22 of 2024);commencement date (生效日期) means the date on which section 10(4) of the Amendment Ordinance comes into operation;former Council (前牙管會) means the Council established under section 4 of the pre-amended Ordinance;former EAC (前教評委) means the Education and Accreditation Committee established under section 5B of the pre-amended Ordinance;former PIC (前初調委) means the Preliminary Investigation Committee established under regulation 12 of the pre-amended Regulation;pre-amended Ordinance (《原有條例》) means this Ordinance as in force immediately before the commencement date;pre-amended Regulation (《原有規例》) means the Dentists (Registration and Disciplinary Procedure) Regulations (Cap. 156 sub. leg. A) as in force immediately before the commencement date. 12. Former Council members (1) This section applies if—(a) before the commencement date, a person was appointed as a member of the former Council described in section 4(2)(ba), (c), (d) or (e) of the pre-amended Ordinance; and(b) immediately before the commencement date, the term of office of the member has not yet expired.(2) Despite section 4 of the pre-amended Ordinance, the term of office of the person is, subject to section 17(3) of this Schedule, to be regarded as having expired when the commencement date begins. 13. Secretary of, and Legal Adviser to, Council (1) On and after the commencement date, the person appointed under section 4(6) of the pre-amended Ordinance as the Secretary of the former Council and was holding office immediately before that date continues to hold office as the Secretary of the Council as if the person were appointed under section 4AAF(1)(a) of the amended Ordinance.(2) On and after the commencement date, the person appointed under section 4(6) of the pre-amended Ordinance as the Legal Adviser to the former Council and was holding office immediately before that date continues to hold office as a Legal Adviser to the Council as if the person were appointed under section 4AAF(1)(b) of the amended Ordinance. 14. Former members of Education and Accreditation Committee (1) This section applies if—(a) before the commencement date, a person was appointed as a member of the former EAC; and(b) immediately before the commencement date, the term of office of the member has not yet expired.(2) Despite section 5B of the pre-amended Ordinance, the term of office of the person is to be regarded as having expired when the commencement date begins. 15. Former members of Preliminary Investigation Committee (1) This section applies if—(a) before the commencement date, a person was appointed or elected as a member of the former PIC; and(b) immediately before the commencement date, the term of office of the member has not yet expired.(2) Despite regulation 12 of the pre-amended Regulation, the term of office of the person is, subject to section 16(3) of this Schedule, to be regarded as having expired when the commencement date begins. 16. Complaint or information submitted to former PIC (1) This section applies if, before the commencement date—(a) either—(i) the Secretary has submitted a complaint or an information to the former PIC under regulation 13 of the pre-amended Regulation; or(ii) a complaint or an information has been referred back to the former PIC under regulation 19(1) of the pre-amended Regulation; and(b) the complaint or information has not been disposed of by the former PIC.(2) For the purposes of subsection (1)(b), a complaint or an information has been disposed of by the former PIC if—(a) the chairman of the former PIC has directed under regulation 15(1) of the pre-amended Regulation that the complaint or information should not proceed further on ground that it is frivolous or groundless; or(b) the former PIC has determined under regulation 15A(2) of the pre-amended Regulation as to whether the complaint or information is to be referred to the Council for inquiry.(3) On and after the commencement date—(a) regulations 14, 15, 15A, 16 and 17 of the pre-amended Regulation continue to apply in relation to the consideration of the complaint or information; and(b) to the extent that it relates to the consideration of the complaint or information, regulation 12 of the pre-amended Regulation continues to apply in relation to the membership of the former PIC (including a vacancy in the membership).(4) If the former PIC makes a determination under regulation 15A(2)(b) of the pre-amended Regulation to refer the complaint or information to the Council, the determination is, for the purposes of this Ordinance (other than regulation 19 of the pre-amended Regulation), to be regarded as being made by a Preliminary Investigation Committee under regulation 15A(2)(b) of the Dentists (Registration and Disciplinary Procedure) Regulations (Cap. 156 sub. leg. A) as in force at the time of the determination. 17. Cases referred to Council (1) This section applies if, before the commencement date—(a) the former PIC determined under regulation 15A(2)(b) of the pre-amended Regulation to refer a case against a person (person charged) to the former Council for an inquiry to be held;(b) the Secretary has read the notice of inquiry at the opening of an inquiry held for the case in accordance with regulation 25(1) of the pre-amended Regulation; and(c) the case has not been disposed of by the former Council.(2) For the purposes of subsection (1)(c), a case has been disposed of by the former Council if—(a) the former Council has announced under regulation 28(4) or 29(4) of the pre-amended Regulation that the person charged is not guilty; or(b) the former Council has announced under regulation 28(4) or 29(4) of the pre-amended Regulation that the person charged is guilty and a sentence has been announced under regulation 31(2) of the pre-amended Regulation.(3) On and after the commencement date—(a) sections 18, 19, 20 and 21 of the pre-amended Ordinance, and regulation 23 and Part IV of the pre-amended Regulation, continue to apply in relation to the hearing of the inquiry; and(b) to the extent that it relates to the hearing of the inquiry, section 4 of the pre-amended Ordinance continues to apply in relation to the membership of the former Council (including a vacancy in the membership). 18. Complaint or information referred back to former PIC (1) This section applies if—(a) before the commencement date, a complaint or an information has been referred by the former PIC to the former Council under regulation 17(1) of the pre-amended Regulation; or(b) on or after the commencement date, a complaint or an information is referred by the former PIC to the Council under regulation 17(1) of the pre-amended Regulation because of the operation of section 16 of this Schedule.(2) On and after the commencement date, the Council may continue to exercise the power to refer the complaint or information back to the former PIC under regulation 19(1) of the pre-amended Regulation.(3) If the Council refers a complaint or an information back to the former PIC under subsection (2), section 16 of this Schedule applies in relation to the complaint or information as if it were a complaint or information referred back to the former PIC under regulation 19(1) of the pre-amended Regulation before the commencement date. Part 3 Matters relating to Fees 19. Interpretation of Part 3 of Schedule 11 In this Part—Amendment Ordinance (《修訂條例》) means the Dentists Registration (Amendment) Ordinance 2024 (22 of 2024);*commencement date (生效日期) means the date on which section 119 of the Amendment Ordinance comes into operation;existing prescribed fee (原有訂明費用), in relation to a matter, means the fee prescribed for the matter in the pre-amended Regulation;pre-amended Ordinance (《原有條例》) means this Ordinance as in force immediately before the commencement date;pre-amended Regulation (《原有規例》) means the Dentists (Registration and Disciplinary Procedure) Regulations (Cap. 156 sub. leg. A) as in force immediately before the commencement date. Editorial Note: * Commencement date: 1 January 2025. 20. Fee for inclusion in Specialist Register (1) This section applies if—(a) an application for the inclusion of a person’s name in the Specialist Register under section 12B of the pre-amended Ordinance was made before the commencement date; and(b) the application is approved on or after the commencement date.(2) The fee payable for the inclusion of the person’s name in the Specialist Register is the existing prescribed fee. 21. Fee for certificate of standing (1) This section applies if—(a) an application for the issue of a certificate of standing mentioned in regulation 8B(b)(i) of the pre-amended Regulation was made before the commencement date; and(b) the certificate is issued on or after the commencement date.(2) The fee payable for the issue of the certificate is the existing prescribed fee. 22. Fee for certificate verifying registration or inclusion of name in Specialist Register (1) This section applies if—(a) an application for the issue of a certificate verifying registration or the inclusion of name in the Specialist Register mentioned in regulation 8B(b)(ii) of the pre-amended Regulation was made before the commencement date; and(b) the certificate is issued on or after the commencement date.(2) The fee payable for the issue of the certificate is the existing prescribed fee. 23. Fee for certified copy of entry in General Register or Specialist Register (1) This section applies if—(a) an application for the issue of a certified copy of an entry in the General Register or Specialist Register mentioned in regulation 8B(a)(i) of the pre-amended Regulation was made before the commencement date; and(b) the certified copy is issued on or after the commencement date.(2) The fee payable for the issue of the certified copy is the existing prescribed fee. 24. Fee for certificate for inclusion of name in Specialist Register under section 32 of pre-amended Ordinance (1) This section applies if—(a) an application for the issue of a certificate mentioned in section 32 of the pre-amended Ordinance was made before the commencement date; and(b) the certificate is issued on or after the commencement date.(2) The fee payable for the issue of the certificate is the existing prescribed fee. 25. Fee for duplicate certificate of registration or duplicate certificate for inclusion of name in Specialist Register (1) This section applies if—(a) an application for the issue of a duplicate certificate of registration or a duplicate certificate for the inclusion of name in the Specialist Register mentioned in regulation 8B(a)(ii) of the pre-amended Regulation was made before the commencement date; and(b) the duplicate certificate is issued on or after the commencement date.(2) The fee payable for the issue of the duplicate certificate is the existing prescribed fee. 26. Fee for certified copy of certificate of registration or certificate for inclusion of name in Specialist Register (1) This section applies if—(a) an application for the issue of a certified copy of a certificate of registration or a certificate for the inclusion of name in the Specialist Register mentioned in regulation 8B(a)(iii) of the pre-amended Regulation was made before the commencement date; and(b) the certified copy is issued on or after the commencement date.(2) The fee payable for the issue of the certified copy is the existing prescribed fee.