Cap. 359 sub. leg. H

Radiographers (Registration and Disciplinary Procedure) Regulation(Cap. 359, section 29)(Enacting provision omitted— E.R. 1 of 2023) [1 July 1995] L.N. 114 of 1995(Format changes— E.R. 1 of 2023) Part I Preliminary 1. (Omitted as spent— E.R. 1 of 2023) 2. Interpretation In this Regulation, unless the context otherwise requires—Board (委員會) means the Radiographers Board established under section 5 of the Ordinance; Chairman of the Board (委員會主席)— (a) means the chairman of the Board appointed under section 5(3A) of the Ordinance; and (b) includes any person appointed to act as chairman of the Board under section 7(4) of the Ordinance; (33 of 2025 s. 126) Code of Practice (執業守則) means a Code of Practice prepared under section 26 of the Ordinance for radiographers; (33 of 2025 s. 126)Committee (小組) means a Preliminary Investigation Committee constituted under section 20; (33 of 2025 s. 126) complainant (申訴人) means any person from whom a complaint against or information in respect of— (a) a registered radiographer; or (b) an applicant for registration as a radiographer with full registration or provisional registration, (33 of 2025 s. 126) has been received by the Secretary; diagnostic radiographer (放射診斷技師) means a radiographer categorized as such in accordance with section 7; (33 of 2025 s. 126)irradiating apparatus (輻照儀器) has the meaning assigned to it by section 2 of the Radiation Ordinance (Cap. 303);Legal Adviser (法律顧問) means a legal adviser to the Board appointed under section 5(4)(b) of the Ordinance; (33 of 2025 s. 126)medical exposure (醫療照射) means exposure of a person to ionizing radiation as defined in section 2 of the Radiation Ordinance (Cap. 303) for a diagnostic or therapeutic purpose;notice of inquiry (研訊通知書) means a notice served in accordance with section 26;Part I diagnostic radiographer (第I部分放射診斷技師) means a radiographer registered in Part I (Category D) of the register and Part II diagnostic radiographer (第II部分放射診斷技師), Part III diagnostic radiographer (第III部分放射診斷技師), Part IV diagnostic radiographer (第IV部分放射診斷技師), Part V diagnostic radiographer (第V部分放射診斷技師) and Part VI diagnostic radiographer (第VI部分放射診斷技師) are to be similarly construed; (33 of 2025 s. 126)Part I therapeutic radiographer (第I部分放射治療技師) means a radiographer registered in Part I (Category T) of the register and Part II therapeutic radiographer (第II部分放射治療技師), Part IV therapeutic radiographer (第IV部分放射治療技師), Part V therapeutic radiographer (第V部分放射治療技師) and Part VI therapeutic radiographer (第VI部分放射治療技師) are to be similarly construed; (33 of 2025 s. 126)radiographer (放射技師) means a person of the description referred to in item 2 of Schedule 1 to the Ordinance; (33 of 2025 s. 126)register (註冊名冊) means the register, kept in pursuance of section 10 of the Ordinance, for the profession of radiographers;registered Chinese medicine practitioner (註冊中醫) has the meaning given by section 2(1) of the Chinese Medicine Ordinance (Cap. 549); (33 of 2025 s. 126)registered chiropractor (註冊脊醫) has the meaning given by section 2 of the Chiropractors Registration Ordinance (Cap. 428); (33 of 2025 s. 126)registered dentist (註冊牙醫) has the meaning assigned to it by section 2(1) of the Dentists Registration Ordinance (Cap. 156);respondent (答辯人) means a registered radiographer or an applicant for registration as a radiographer with full registration or provisional registration against or in respect of whom a complaint has been received by the Secretary under section 21; (33 of 2025 s. 126)Secretary (秘書) means the Secretary of the Board appointed under section 5(4)(a) of the Ordinance;therapeutic radiographer (放射治療技師) means a radiographer categorized as such in accordance with section 7. (33 of 2025 s. 126)(33 of 2025 s. 126) Part II Register and Certificates 3. Register (1) The register is to be in the specified form.(2) The register is to be divided into 6 parts, namely, Part I, Part II, Part III, Part IV, Part V and Part VI.(3) Part I, Part II, Part III, Part IV, Part V and Part VI referred to in subsection (2) are each subdivided so that the following may be entered as separate categories in each of the Parts—(a) the names of diagnostic radiographers admitted to registration in that part (Category D); and(b) the name of therapeutic radiographers admitted to registration in that part (Category T).(33 of 2025 s. 127) 4. Application for full registration or provisional registration (33 of 2025 s. 128)(1)-(2) (Repealed 33 of 2025 s. 128)(3) The Secretary shall refer the application of a person claiming to be qualified to be registered—(a) under section 12(1)(a) or 15 of the Ordinance to the Board; and(b) under section 12(1)(b) or (c) of the Ordinance to the Council,as soon as practicable after receiving the application. 5. Consideration of an application by Council On receipt of an application under section 4(3)(b), the Council shall, as soon as practicable, consider it and—(a) if satisfied that the applicant is qualified to be registered under section 12(1)(b) or (c) of the Ordinance, inform the Board accordingly; or(b) if not so satisfied, inform the Board accordingly. 6. Council to specify qualifications and experience (1) For the purposes of section 12(1)(a)(i) of the Ordinance, the Council may, by notice published in the Gazette, specify the qualification and (as the case requires) the experience required for registration as a radiographer with full registration.(2) For the purposes of section 8(1)(b)(i), the Council may, by notice published in the Gazette, specify the qualification and experience required for a radiographer with full registration to be entered in Part I, Part II or Part III of the register.(3) For the purposes of section 7(2)(a)(i) and (3)(a)(i), the Council may, by notice published in the Gazette, specify the qualification and experience required for a radiographer with full registration to be categorized as—(a) a diagnostic radiographer; or(b) a therapeutic radiographer.(4) The qualification specified in the notice under subsection (1), (2) or (3) must be a qualification conferred or awarded by a university, school or institution in Hong Kong.(5) The qualification specified in the notice under subsection (2) or (3) must be the same qualification as that specified under subsection (1).(6) A notice published under subsection (1), (2) or (3) is not subsidiary legislation.(33 of 2025 s. 129) 7. Categorization of radiographers (1) For the purposes of this Regulation registered radiographers shall be categorized as provided for by subsections (2), (3) and (4).(2) A radiographer—(a) who has been trained to operate the equipment referred to in paragraphs (a) and (c) of item 2 of Schedule 1 to the Ordinance— (33 of 2025 s. 130)(i) in the course of obtaining one or more of the qualifications specified under section 6(3)(a); or(ii) in the course of the experience acquired in his practice as a radiographer prior to his registration to whom a certificate of provisional registration is issued under section 15 of the Ordinance; or(b) who—(i) has been trained to operate the equipment referred to in paragraphs (a) and (c) of item 2 of Schedule 1 to the Ordinance; and(ii) is registered by virtue of section 12(1)(b) or (c) of the Ordinance,shall be categorized as a diagnostic radiographer.(3) A radiographer—(a) who has been trained to operate the equipment referred to in paragraphs (b) and (c) of item 2 of Schedule 1 to the Ordinance— (33 of 2025 s. 130)(i) in the course of obtaining the qualification specified under section 6(3)(b); or(ii) in the course of the experience acquired in his practice as a radiographer prior to his registration to whom a certificate of provisional registration is issued under section 15 of the Ordinance; or(b) who—(i) has been trained to operate the equipment referred to in paragraphs (b) and (c) of item 2 of Schedule 1 to the Ordinance; and(ii) is registered by virtue of section 12(1)(b) or (c) of the Ordinance,shall be categorized as a therapeutic radiographer.(4) The Council is to determine on the categorization of a radiographer registered under section 13A or 13B of the Ordinance. (33 of 2025 s. 130)(33 of 2025 s. 130) 8. Entry in register (1) For the purposes of section 13(4) of the Ordinance, the Secretary must enter in Part I (Category D), Part I (Category T), Part II (Category D), Part II (Category T), Part III (Category D) or Part III (Category T) of the register the name of a radiographer registered under section 13 of the Ordinance according to—(a) the categorization of the radiographer under section 7; and(b) either of the following—(i) the radiographer’s qualification and experience, and the notice published under section 6(2); or(ii) the Council’s determination under section 12(1A) of the Ordinance.(2) For the purposes of section 13A(6) of the Ordinance, the Secretary must enter in Part V (Category D) or Part V (Category T) of the register the name of a radiographer registered under section 13A of the Ordinance according to the Council’s determination under section 7(4).(3) For the purposes of section 13B(7) of the Ordinance, the Secretary must enter in Part VI (Category D) or Part VI (Category T) of the register the name of a radiographer registered under section 13B of the Ordinance according to the Council’s determination under section 7(4).(4) For the purposes of section 15(8) of the Ordinance, the Secretary must enter in Part IV (Category D) or Part IV (Category T) of the register the name of a radiographer registered under section 15 of the Ordinance according to the categorization of the radiographer under section 7.(33 of 2025 s. 131) 9. (Repealed 33 of 2025 s. 132) 10. Examinations (1) A candidate for an examination shall pay the fee prescribed in Schedule 3 as a condition of entry for the examination.(2) An examination may be written, oral or practical and shall be based upon such syllabus as the Board may from time to time determine, subject to the approval of the Council. (33 of 2025 s. 133)(3) The Board shall cause a candidate for an examination to be informed of his results after the completion of the examination.(4) In this section examination (考試) means an examination held in pursuance of section 15A of the Ordinance. 11. Appeals Any appeal under section 15B of the Ordinance shall be in writing and shall be made within 14 days of the aggrieved person being notified of the Board’s decision. 12. (Repealed 33 of 2025 s. 134) 13. (Repealed 33 of 2025 s. 135) 14. Certificate of standing or examination A—(a) certificate of standing;(b) certificate issued by the Board in respect of any examination held in pursuance of section 15A of the Ordinance,shall be in such form as the Board may specify. 15. Restrictions on the practice of radiographers (1AA) A diagnostic radiographer must not perform any diagnostic imaging examination on a person, including operating an irradiating apparatus on the person unless the examination on the person is on referral by a registered medical practitioner. (33 of 2025 s. 136)(1AB) Despite subsection (1AA), a diagnostic radiographer may perform a diagnostic imaging examination on a person, including operating an irradiating apparatus on the person, on referral by—(a) if the radiographer is a CMHHK radiographer providing services that are authorized by The Chinese Medicine Hospital of Hong Kong to a CMHHK patient—a CMHHK Chinese medicine practitioner; or(b) if the examination falls within the circumstances specified in the Code of Practice for the purpose of referral—(i) a registered Chinese medicine practitioner;(ii) a registered dentist; or(iii) a registered chiropractor. (33 of 2025 s. 136)(1) Subject to subsection (2), no diagnostic radiographer may operate any irradiating apparatus.(2) A diagnostic radiographer specified in column 2 of Part 1 of Schedule 4 may operate an irradiating apparatus—(a) for the purpose specified in column 3 of that Part opposite to the reference to him; and(b) where the condition relating to direction or supervision specified in column 4 of that Part opposite to the reference to him is fulfilled in relation to the operation. (33 of 2025 s. 136)(3) A therapeutic radiographer specified in column 2 of Part 2 of Schedule 4 shall not, in relation to the procedure in therapeutic radiography specified in column 3 of that Part opposite to the reference to him, practise unless— (33 of 2025 s. 136)(a) it is on referral by, or in accordance with a prescription given by, a registered medical practitioner; and(b) the condition relating to direction or supervision specified in column 4 of that Part opposite to the reference to the radiographer is fulfilled. (33 of 2025 s. 136)(4) In this section—CMHHK Chinese medicine practitioner (香港中醫醫院中醫) means a registered Chinese medicine practitioner who is authorized by The Chinese Medicine Hospital of Hong Kong to provide services to a CMHHK patient;CMHHK patient (香港中醫醫院病人) means a patient of The Chinese Medicine Hospital of Hong Kong;CMHHK radiographer (香港中醫醫院放射技師) means a radiographer who is authorized by The Chinese Medicine Hospital of Hong Kong to provide services to a CMHHK patient. (33 of 2025 s. 136) 16. Exemptions (1) Any person described in column 2 of Part 1 of Schedule 5 is exempt from the section of the Ordinance specified in column 3 of that Schedule opposite to the description of the person in each case.(2) Any person described in column 2 of Part 2 of Schedule 5 is, subject to the conditions specified in subsection (3) as may be applicable in that particular case, exempt from the section of the Ordinance specified in column 3 of that Schedule opposite to the description of the person in each case.(3) The conditions referred to in subsection (2) are that where the exempt person’s practice is that of—(a) a diagnostic radiographer, he shall employ a Part I diagnostic radiographer and carry on his practice under such radiographer’s supervision;(b) a therapeutic radiographer, he shall employ a Part I therapeutic radiographer and carry on his practice under such radiographer’s supervision;(c) a diagnostic radiographer and a therapeutic radiographer both, he shall—(i) employ a radiographer referred to in paragraph (a) and carry on his practice as a diagnostic radiographer under such radiographer’s supervision; and(ii) employ a radiographer referred to in paragraph (b) and carry on his practice as a therapeutic radiographer under such radiographer’s supervision.(4) A radiographer employed under subsection (3)(c)(i) and (ii) may be the same person. 17. Exemptions for companies A company registered under the Companies Ordinance (Cap. 622) or under the Companies Ordinance (Cap. 32) as in force at the time of the registration which carries on the business of practising diagnostic radiography is exempt from the provisions of section 20(2)(a) of the Ordinance to the extent that its directors do not have to fulfil the condition prescribed in subparagraph (ii) of that section.(28 of 2012 ss. 912 & 920) 18. Fees The fees payable under the Ordinance and this Regulation shall be those specified in Schedule 3. Part III Proceedings Preparatory to Hearing by the Board 19. Interpretation (Part III) In this Part and Schedule 6— complaint (申訴) means— (a) a complaint or an information in respect of a registered radiographer as to any one or more of the matters referred to in paragraphs (a), (b), (ba), (c), (d) and (e) of section 22(1) of the Ordinance; or (b) an information in respect of an applicant for registration as a radiographer with full registration or provisional registration as to any one or more of the matters referred to in paragraphs (a), (b) and (c) of section 13(3) of the Ordinance. (33 of 2025 s. 137) 20. Preliminary Investigation Committee (1) For the purposes of performing the functions conferred upon it by the Ordinance and this Regulation, the Board may establish one or more Preliminary Investigation Committees, each consisting of— (33 of 2025 s. 138)(a) a chairman who shall be—(i) a member of the Board; and(ii) nominated by the Board and appointed by the Chairman of the Board;(b) a Part I diagnostic radiographer ordinarily resident in Hong Kong, not being a member of the Board, nominated by the Hong Kong Radiographers’ Association and appointed by the Chairman of the Board;(c) a Part I diagnostic radiographer ordinarily resident in Hong Kong, not being a member of the Board, nominated by the Hong Kong Radiological Technicians Association and appointed by the Chairman of the Board;(d) 2 Part I therapeutic radiographers, not being members of the Board, nominated by the Association of Therapeutic Radiographers and appointed by the Chairman of the Board.(2) Save as provided in Schedule 6 the members of a Committee hold office for 12 months but at the end of such period they may be renominated and reappointed.(3) Schedule 6 shall apply in relation to a Committee.(4) In discharging its functions in relation to a complaint in respect of—(a) a diagnostic radiographer or an applicant for registration as a diagnostic radiographer, a Committee shall be constituted by— (33 of 2025 s. 138)(i) the chairman of the Committee; and(ii) the members appointed under subsection (1)(b) and (c);(b) a therapeutic radiographer or an applicant for registration as a therapeutic radiographer, a Committee shall be constituted by— (33 of 2025 s. 138)(i) the chairman of the Committee; and(ii) the members appointed under subsection (1)(d).(33 of 2025 s. 138) 21. Submission of complaint Where a complaint is received by the Secretary, he shall submit it to the chairman of a Committee.(33 of 2025 s. 139) 22. Complaint touching conduct (1) If, in a complaint submitted by the Secretary to the chairman of a Committee under section 21, any allegation is made which, in the opinion of the chairman of the Committee, gives rise to a question whether— (33 of 2025 s. 140)(a) a registered radiographer falls within the description of any one or more of the matters referred to in paragraphs (a), (b), (ba), (c), (d) and (e) of section 22(1) of the Ordinance; or(b) an applicant for registration as a radiographer with full registration or provisional registration falls within the description of any one or more of the matters referred to in paragraphs (a), (b) and (c) of section 13(3) of the Ordinance,the chairman of the Committee may require that the complaint be formulated in writing setting out the grounds thereof and, except where the complaint is in writing under the hand of a public officer, supported by one or more statutory declarations as to the facts of the case. (33 of 2025 s. 140)(2) Each statutory declaration referred to in subsection (1) shall—(a) state the address and description of the declarant; and(b) if any fact declared is not within the personal knowledge of the declarant, state the source of the declarant’s information and the ground for his belief in the truth of the fact. 23. Reference of complaint to Committee (1) On receiving a complaint submitted under section 21, the chairman of the Committee shall, if satisfied that the complaint is frivolous or groundless and should not proceed further, dismiss it, and in any other case— (33 of 2025 s. 141)(a) direct the Secretary that the complaint be referred to the Committee to consider whether it should be referred to the Board for inquiry; and(b) fix a date for the meeting of the Committee to consider the complaint.(2) Where the Secretary is directed to refer a complaint to the Committee under subsection (1)(a), he shall—(a) refer the complaint to the Committee;(b) notify the respondent of the receipt of the complaint;(c) inform him of the substance thereof;(d) forward to him a copy of any statutory declaration furnished under section 22(1);(e) inform him of the date fixed for the meeting of the Committee to consider the complaint; and(f) invite him to submit to the Committee any explanation he wishes to offer for his conduct or any other matter alleged in the complaint. 24. Consideration of complaint by Committee (1) The Secretary shall, at the meeting at which a complaint is considered by a Committee, put before the Committee— (33 of 2025 s. 142)(a) the complaint;(b) any statutory declaration;(c) any explanation submitted by the respondent; and(d) any other available document or matter in the nature of evidence relevant to the complaint.(2) The Committee shall consider any documents or matter put before it under subsection (1) and, subject to subsection (3), shall determine either—(a) that no inquiry shall be held; or(b) that the complaint or any part of it shall be referred to the Board for inquiry.(3) Before coming to a determination under subsection (2), the Committee may cause to be made such further investigation and may obtain such additional advice or assistance as it considers necessary. 25. Determination of Committee that no inquiry be held If a Committee determines that no inquiry shall be held, it shall direct that the complaint be dismissed and the Secretary shall inform the complainant, if any, and the respondent accordingly.(33 of 2025 s. 143) 26. Determination of Committee that inquiry be held (1) If a Committee determines that an inquiry shall be held it shall refer the case to the Board and the chairman of the Committee shall notify the Chairman of the Board of the matters into which inquiry is to be made. (33 of 2025 s. 144)(2) Where a matter is referred to the Board under subsection (1), the Chairman of the Board shall fix a date upon which it is proposed that the inquiry shall be held and the Secretary shall, within 1 month of the determination of the Committee to refer the complaint to the Board, serve on the respondent—(a) a notice of inquiry in the specified form; and (33 of 2025 s. 144)(b) a copy of this Regulation.(3) An inquiry shall not be held until 28 days after the date of service of the notice of inquiry unless the respondent consents in writing to holding it earlier.(4) Service of a notice of inquiry on the respondent shall be by registered post addressed to him at his address last known to the Secretary.(5) Within the time stipulated for service of the notice of inquiry, the Secretary shall send a copy of the notice of inquiry to any complainant. 27. Adjournment of inquiry (1) The Chairman of the Board may, at any time, on his own accord or upon an application in writing by the respondent, adjourn any inquiry to such date as he thinks fit.(2) Notice of any such adjournment shall be given to the respondent and to any complainant. 28. Documents to be furnished to Board The respondent and any complainant shall furnish to the Secretary, not less than 10 days before the date of an inquiry or such lesser period as the Board may determine, 2 copies of all documents upon which he intends to rely at the hearing of the inquiry. 29. Documents to be available to each party The Secretary on the request of the respondent or a complainant and on the payment of reasonable charges (if any) shall send to the respondent or to the complainant, as the case may be, copies of any document sent to the Secretary by the other party for the purposes of an inquiry. 30. Notice to produce Any party may at any time give to any other party notice to produce any document alleged to be in the possession of that party and, on failure to produce such document, may prove the contents thereof by any alternative method. 31. Amendment of notice (1) Where before the hearing or at any stage of the hearing it appears to the Board that a notice of inquiry is defective, the Chairman of the Board may give such directions for the amendment of the notice as may be thought necessary to meet the circumstances of the case unless, having regard to the merits of the case, he is of the opinion that the required amendments cannot be made without prejudice to the respondent.(2) The Secretary shall, as soon as is practicable, after the amendment of a notice of inquiry, give notice in writing thereof to the respondent and to any complainant. Part IV Proceedings at Hearing of the Board 32. Interpretation (Part IV) In this Part—order (命令) means an order made by the Board in the exercise of its powers under section 22 of the Ordinance;Secretary (秘書) includes a counsel, a solicitor or a legal officer appointed in pursuance of section 34. (L.N. 90 of 2004) 33. Record of proceedings (1) A shorthand writer may be appointed by the Board to prepare a verbatim record of the proceedings.(2) If a verbatim record of any proceedings or any part of any proceedings has been prepared the Chairman of the Board, on application to him by any party and on the payment of reasonable charges (if any), shall furnish such party with a copy of such record. 34. Appointment of counsel, solicitor or legal officer as Secretary On the application of the Secretary of the Board appointed under section 5(4)(a) of the Ordinance, the Secretary for Justice may appoint a counsel, a solicitor or a legal officer within the meaning of the Legal Officers Ordinance (Cap. 87) to carry out the duties which a secretary has to perform in an inquiry where the complainant is not present and is not represented by counsel or solicitor.(L.N. 362 of 1997; L.N. 90 of 2004) 35. Opening of inquiry (1) At the opening of an inquiry the Secretary shall read the notice of inquiry.(2) If the respondent is not present and is not represented by a counsel or solicitor at the opening of the inquiry, the Secretary shall furnish to the Board such evidence as the Board may require that the notice of inquiry was served on the respondent in accordance with section 26(4) and, on being satisfied as to such evidence, the Board may proceed with the inquiry in the absence of the respondent.(3) If the respondent is present at the inquiry the Chairman of the Board, immediately after the notice of inquiry has been read, shall inform him of his right to cross-examine witnesses, to give evidence and to call witnesses on his behalf. 36. Objections on point of law (1) After the reading of the notice of inquiry the respondent, or his counsel or solicitor, may object to any charge or allegation as the case may be, on a point of law and the Secretary and any other party to the inquiry may reply thereto and, if the Secretary or any party replies to that objection, the respondent, or his counsel or solicitor, shall be permitted to answer such reply.(2) If such objection is upheld by the Board the charge to which such objection relates shall be considered only subject to such objection. 37. Order of procedure before Board (1) After the reading of the notice of inquiry the order of procedure set out in subsections (2) to (8) shall be observed.(2) The complainant, or his counsel or solicitor, or in their absence, or if there is no complainant, the Secretary, shall present the case against the respondent and adduce the evidence in support thereof and then close the case against the respondent.(3) At the close of the case against the respondent, he or his counsel or solicitor may make either or both of the following submissions in relation to any charge or allegation in respect of which evidence has been adduced—(a) that sufficient evidence has not been adduced upon which the Board can find that the facts alleged in the complaint have been proved;(b) that the facts alleged in the complaint are not such as to constitute the offence charged or the allegation made against the respondent.(4) Where a submission under subsection (3) is made, a reply thereto may be made by the complainant, or by his counsel or solicitor, or in their absence by the Secretary, and the respondent may answer such reply.(5) The Board shall determine whether the submission made under subsection (3) shall be upheld and the Chairman of the Board shall announce the determination of the Board.(6) If the Board—(a) upholds the submission in respect of any charge or allegation, the finding shall be recorded that the respondent is not guilty on that charge or allegation;(b) rejects the submission, the Chairman of the Board shall call upon the respondent to state his case.(7) When called upon to state the case, the respondent, or his counsel or solicitor, may then adduce evidence in support of the respondent’s case and may address the Board once, either before or after adducing evidence.(8) At the conclusion of the case of the respondent, the complainant, or his counsel or solicitor, or in their absence the Secretary, may address the Board in reply—(a) if evidence other than the respondent’s own evidence was adduced on his behalf; or(b) with the special leave of the Board. 38. Determination by Board or postponement to future meeting At the conclusion of the proceedings the Board shall either—(a) determine whether the facts alleged in any charge or allegation have been proved to its satisfaction and whether the respondent is guilty as alleged or charged; or(b) postpone its determination to a future meeting to be held on a date to be decided by the Board,and the Chairman of the Board shall announce the decision of the Board. 39. Notification of meeting for determination (1) Where the Board decides to postpone its determination to a future meeting, the Secretary shall, not less than 1 week before the date fixed for such future meeting, serve on the respondent a notice specifying the date, time and place fixed for the meeting of the Board and invite the respondent to appear at such meeting.(2) A notice under subsection (1) shall be served by registered post addressed to the respondent at his address last known to the Secretary, and a copy of the notice shall be sent to the complainant, if any. 40. Determination by Board at future meeting At any future meeting of the Board referred to in section 38(b), the Board shall determine whether the facts alleged in any charge or allegation have been proved to its satisfaction and whether the Board finds the respondent guilty as alleged or charged and the Chairman of the Board shall announce the Board’s determination. 41. Making of an order or postponement to future meeting Where the Board makes a finding of guilt or that any allegation against the respondent has been proved under section 38(a) or 40, it shall—(a) if the respondent is a registered person, subject to section 44, make an order; and(b) if the respondent is an applicant for full registration or provisional registration, subject to section 44, decide whether to reject his application for registration; or (33 of 2025 s. 145)(c) postpone to a future meeting to be held on a date to be decided by the Board, the making of an order under paragraph (a) or a decision under paragraph (b),and the Chairman of the Board shall announce the decision of the Board. 42. Notification of meeting for an order (1) Where the Board postpones to a future meeting the making of an order or a decision under section 41, the Secretary shall, not less than 1 week before the date fixed for such meeting, serve on the respondent a notice specifying the date, time and place fixed for the meeting and inviting him to appear at the meeting.(2) A notice under subsection (1) shall be served by registered post addressed to the respondent at his address last known to the Secretary, and a copy of the notice shall be sent to the complainant, if any. 43. Making of order at future meeting At any future meeting referred to in section 41(c), the Board shall, subject to section 44—(a) if the respondent is a registered person, determine the order to be made; and(b) if the respondent is an applicant for full registration or provisional registration, decide whether to reject his application for registration, (33 of 2025 s. 146)and the Chairman of the Board shall announce the determination or decision of the Board. 44. Opportunity for mitigation (1) At any meeting of the Board at which the Board makes in respect of a respondent an order or a decision to reject the respondent’s application for registration, before the order or decision is made, an opportunity shall be given to the respondent or his counsel or solicitor to make a statement in mitigation and to adduce evidence as to the circumstances leading to the commission of the offence or the conduct complained of and as to the character and antecedents of the respondent. (33 of 2025 s. 147)(2) At any meeting referred to in subsection (1), before the order or decision of the Board is made—(a) the Secretary or any other person presenting the case against the respondent may, if the respondent has been the subject of a previous order, produce to the Board the records of the meeting at which that order was made; and(b) the respondent, in person or by his counsel or solicitor, may make a statement by way of mitigation and adduce evidence as to the circumstances leading to the previous order. 45. Evidence (1) Evidence may be taken by the Board by oral statement on oath or by written deposition or statement.(2) A summons under section 23(1)(b) of the Ordinance to any person requiring him to attend an inquiry to give evidence or produce any document or other thing in his possession must be in the specified form. (33 of 2025 s. 148)(3) Every witness shall be examined by the party producing him and may then be cross-examined by the other party and may be re-examined by the party calling the witness only upon matters arising out of the cross-examination.(4) The Board may decline to admit the evidence of any deponent to a document who is not present for, or who declines to submit to, cross-examination.(5) The Chairman of the Board, and members of the Board through the Chairman of the Board, may put such questions to the parties or to any witness as they may think desirable, and the other parties may then re-examine such party or witness on matters arising out of such questioning. 46. Voting (1) (Repealed 33 of 2025 s. 149)(2) In the taking of the votes of the Board on any question to be determined by it, the Chairman of the Board shall call upon the members to signify their votes and shall thereupon declare the determination of the Board in respect of such question.(3) Where the determination of the Board so declared by the Chairman of the Board is challenged by any member of the Board, the Chairman of the Board shall call upon each member severally to declare his vote, announce his own vote and announce the number of members of the Board who have voted each way, and the result of the vote.(3A) If on any question to be determined by the Board the votes are equal, the question is taken to have been decided in favour of the respondent. (33 of 2025 s. 149)(4) No person other than members of the Board and a Legal Adviser shall be present when the Board votes on any matter. (33 of 2025 s. 149) Part V Duties of Legal Adviser 47. Inquiry by Board A Legal Adviser shall be present at every inquiry held by the Board in accordance with section 13 or 22 of the Ordinance and no such inquiry shall commence if no Legal Adviser is present.(33 of 2025 s. 150) 48. Ordinary meetings of Board The Chairman of the Board may give to a Legal Adviser prior notice that his advice may be required at any meeting of the Board, other than an inquiry under section 13 or 22 of the Ordinance, or at any meeting of a Committee and, if such notice is given, the Legal Adviser shall be present at such meeting.(33 of 2025 s. 151) 49. Advice by Legal Adviser (1) When a Legal Adviser advises the Board on any question of law as to evidence, procedure or any other matter in any inquiry under section 13 or 22 of the Ordinance he shall do so in the presence of every party to the proceedings or the person representing each party or, if the advice is tendered after the Board has commenced to deliberate as to its findings, every such party or person as aforesaid shall be informed of the advice that the Legal Adviser has tendered. (33 of 2025 s. 152)(2) In any case where the Board does not accept the advice of the Legal Adviser on any such question as aforesaid, every such party or person shall be informed of this fact. Part VI Miscellaneous 50. Application to section 13(3) inquiry Where specific provision has not been made in this Regulation in respect of an inquiry held for the purposes of section 13(3) of the Ordinance, any provision applicable to an inquiry held for the purposes of section 22 of the Ordinance shall apply and may be construed with such modifications not affecting substance as may be necessary to render it conveniently applicable. Schedule 1 (Repealed 33 of 2025 s. 153) Schedule 2 (Repealed 33 of 2025 s. 153) Schedule 3 [ss. 10 & 18]Fees Item Particular Fee $ 1. Full registration under section 13 of the Ordinance 3,020 1A. Limited registration under section 13A of the Ordinance (33 of 2025 s. 154) 3,020 2. (Repealed 33 of 2025 s. 154) 3. Application for a practising certificate (33 of 2025 s. 154) 540 4. Certified copy of a certificate of registration under section 14(3) of the Ordinance 655 5. Duplicate certificate of registration under section 14(7) of the Ordinance 845 6. Restoration to the register under section 10(5) of the Ordinance 1,450 7. Certificate of standing under section 14A of the Ordinance 1,710 8. Examination fee for an examination for the purpose of section 15A of the Ordinance 6,050 9. Certificate verifying registration under section 14A of the Ordinance 1,300 (L.N. 319 of 1996; L.N. 323 of 2000; L.N. 89 of 2006; L.N. 140 of 2015; 33 of 2025 s. 154) Schedule 4 [s. 15]Restrictions on Practice of Radiographers Part 1 Item Radiographer Purpose Condition relating to direction or supervision 1. Part I diagnostic radiographer Part II diagnostic radiographer Part III diagnostic radiographer Medical exposure involving the use of a contrast medium or tomography for diagnostic purposes Under the personal supervision of a registered medical practitioner who must be present on the premises in which the examination is taking place at the time it takes place. (33 of 2025 s. 155) 1A. Part V diagnostic radiographer Part VI diagnostic radiographer (33 of 2025 s. 155) Medical exposure involving the use of a contrast medium or tomography for diagnostic purposes (a) Under the personal supervision of a registered medical practitioner who must be present on the premises in which the examination is taking place at the time it takes place; and (b) subject to any condition relating to direction or supervision imposed by the Council for registration. 2. Part I diagnostic radiographer Medical exposure involving localization fluoroscopy for positioning of a patient in radiodiagnostic examinations to be undertaken by a registered medical practitioner Under the personal supervision of a registered medical practitioner who must be present on the premises in which the examination is taking place at the time it takes place. (33 of 2025 s. 155) 2A. Part V diagnostic radiographer Part VI diagnostic radiographer (33 of 2025 s. 155) Medical exposure involving localization fluoroscopy for positioning of a patient in radiodiagnostic examinations to be undertaken by a registered medical practitioner (a) Under the personal supervision of a registered medical practitioner who must be present on the premises in which the examination is taking place at the time it takes place; and (b) subject to any condition relating to direction or supervision imposed by the Council for registration. 3. (Repealed 33 of 2025 s. 155) 4. Part II diagnostic radiographer Part III diagnostic radiographer Medical exposure involving the taking of plain radiograph for diagnostic purposes (a) (Repealed 33 of 2025 s. 155) (b) Under the direction of— (33 of 2025 s. 155) (i) a registered medical practitioner; or (33 of 2025 s. 155) (ii) a Part I diagnostic radiographer 5. Part IV diagnostic radiographer Medical exposure involving the taking of plain radiograph for diagnostic purposes (a) (Repealed 33 of 2025 s. 155) (b) Under the personal supervision of any of the following persons who must be present on the premises in which the examination is taking place at the time it takes place— (33 of 2025 s. 155) (i) a registered medical practitioner; (ii) a Part I diagnostic radiographer; or (iii) a Part II diagnostic radiographer or Part III diagnostic radiographer acting subject to the direction of a registered medical practitioner or a Part I diagnostic radiographer. (33 of 2025 s. 155) 6. Part V diagnostic radiographer Part VI diagnostic radiographer (33 of 2025 s. 155) Medical exposure involving the taking of plain radiograph for diagnostic purposes Subject to any condition relating to direction or supervision imposed by the Council for registration. (33 of 2025 s. 155) Part 2 Item Radiographer Procedure Condition relating to direction or supervision 1. Part I therapeuticradiographer All procedures in therapeutic radiography Under the direction of a registered medical practitioner. (33 of 2025 s. 155) 2. Part II therapeutic radiographer (a) All procedures in therapeutic radiography without involving radioactive substances Under the supervision of— (a) a registered medical practitioner; or (b) a Part I therapeutic radiographer acting subject to the direction of a registered medical practitioner. (b) All procedures in therapeutic radiography involving radioactive substances Under the personal supervision of any of the following persons who must be present on the premises in which the treatment is taking place at the time it takes place— (a) a registered medical practitioner; or (b) a Part I therapeutic radiographer acting subject to the direction of a registered medical practitioner. (33 of 2025 s. 155) 3. Part IV therapeutic radiographer All procedures in therapeutic radiography Under the personal supervision of any of the following persons who must be present on the premises in which the treatment is taking place at the time it takes place— (a) a registered medical practitioner; or (b) a Part I therapeutic radiographer acting subject to the direction of a registered medical practitioner. (33 of 2025 s. 155) 4. Part V therapeutic radiographer Part VI therapeutic radiographer (33 of 2025 s. 155) All procedures in therapeutic radiography (a) Under the direction of a registered medical practitioner; and (b) subject to any condition relating to direction or supervision imposed by the Council for registration. (E.R. 1 of 2023; 33 of 2025 s. 155) Schedule 5 [s. 16]Exemption from the Ordinance Item Person Exempt Exempt Section Part 1 1. A registered medical practitioner while practising medicine 21(1) 2. A registered dentist while practising dentistry 21(1) 2B. A dental surgery assistant as defined by Schedule 3 to the Radiation (Control of Irradiating Apparatus) Regulations (Cap. 303 sub. leg. B) taking a radiograph intraorally or extraorally for the examination of the mouth, teeth or jaws of another person, or their associated structures in accordance with Schedule 3 to those Regulations (33 of 2025 s. 156) 21(1) and (2) 3. A veterinary surgeon registered under the Veterinary Surgeons Registration Ordinance (Cap. 529) in relation to any treatment by him of an animal (L.N. 7 of 1999) 21(1) and (2) 4. A student in the course of undergoing any course in medicine at a university specified in Schedule 1 to the Medical Registration Ordinance (Cap. 161) or in dentistry at a university specified in Schedule 1 to the Dentists Registration Ordinance (Cap. 156) (except during a period between the end of an academic year of the relevant course and the beginning of the next academic year) (33 of 2025 s. 156) 21(1) 5. A student in the course of undergoing any course for the programme that is for the conferment or award of— (33 of 2025 s. 156)(a) any of the qualifications specified under section 6(1); or(b) a qualification under consideration by the Council for specification under section 6(1),at the university, school or institution operating that programme (33 of 2025 s. 156) 21(1) Part 2 6. A day procedure centre, or clinic, within the meaning of the Private Healthcare Facilities Ordinance (Cap. 633) and operated by an individual person licensed to operate it under that Ordinance (34 of 2018 s. 178 and E.R. 5 of 2018) 21(1) 6A. A scheduled nursing home within the meaning of the Private Healthcare Facilities Ordinance (Cap. 633) for which an exemption granted to an individual person under section 128 of that Ordinance is in force (34 of 2018 s. 178 and E.R. 5 of 2018) 21(1) 6B. A nursing home within the meaning of the Residential Care Homes (Elderly Persons) Ordinance (Cap. 459) for which a licence issued or renewed to an individual person under that Ordinance is in force (34 of 2018 s. 178) 21(1) 7. A private healthcare facility within the meaning of the Private Healthcare Facilities Ordinance (Cap. 633) and operated by a corporation licensed to operate it under that Ordinance (34 of 2018 s. 178 and E.R. 5 of 2018) 20 and 21(1) 7A. A scheduled nursing home within the meaning of the Private Healthcare Facilities Ordinance (Cap. 633) for which an exemption granted to a corporation under section 128 of that Ordinance is in force (34 of 2018 s. 178 and E.R. 5 of 2018) 20 and 21(1) 7B. A nursing home within the meaning of the Residential Care Homes (Elderly Persons) Ordinance (Cap. 459) for which a licence issued or renewed to a corporation under that Ordinance is in force (34 of 2018 s. 178) 20 and 21(1) 8-9. (Repealed 34 of 2018 s. 178) 10. A medical clinic carried on by an individual and registered under the Medical Clinics Ordinance (Cap. 343) 21(1) 11. A medical clinic carried on by a corporation and registered under the Medical Clinics Ordinance (Cap. 343) 20 and 21(1) 12. The Chinese Medicine Hospital of Hong Kong (15 of 2025 s. 3; 33 of 2025 s. 156) 20 and 21(1) Schedule 6 [ss. 19 & 20]Preliminary Investigation Committee 1. Member ceasing to be member on becoming member of Board A member of a Committee other than the chairman of a Committee who during the period of his office becomes a member of the Board shall cease to be a member of the Committee.(33 of 2025 s. 157) 2. Appointment of acting Chairman If the chairman of a Committee is or will be unable temporarily to exercise his functions another member of the Board may be nominated by the Board and appointed by the Chairman of the Board to act during the period of his appointment, as chairman of the Committee.(33 of 2025 s. 157) 3. Appointment of acting member If a member of a Committee is or will be unable temporarily to exercise his functions as a member of the Committee a person satisfying the same criteria as applied to the appointment of that member may be nominated either by the Hong Kong Radiographers’ Association, the Association of Therapeutic Radiographers or the Hong Kong Radiological Technicians Association as the case may be and appointed by the Chairman of the Board to act during the period of his appointment, for that member.(33 of 2025 s. 157) 4. Effect of lapse or termination of appointment If at the time a Committee is considering any complaint under this Regulation— (33 of 2025 s. 157)(a) the appointment of any person to be the chairman or a member of the Committee lapses by virtue of section 20 of this Regulation or terminates by operation of section 1 of this Schedule; or (33 of 2025 s. 157)(b) the appointment of any person under section 2 or 3 of this Schedule lapses,then if such person is not thereupon elected or re-elected or appointed or reappointed, as the case may be, to be the chairman or a member of the Committee, the chairmanship or membership of such person shall continue by virtue of this section for the purposes of the consideration of such complaint by the Committee, but for no other purpose, until the Committee has discharged its functions in respect of such complaint. (33 of 2025 s. 157) 5. Resignation by chairman and member of Committee (33 of 2025 s.

157)(1) The chairman or a member of a Committee may at any time resign from the Committee by notice in writing addressed to the Secretary, save that, if at the time such notice is given the Committee is considering any complaint the person so resigning shall, if so required by the Chairman of the Board, continue to be the chairman or a member of the Committee for the purposes of the consideration of such complaint but for no other purpose, until the Committee has discharged its functions in respect of the complaint. (33 of 2025 s. 157)(2) Section 20 of this Regulation shall apply to any vacancy arising from any resignation under this section as if the vacancy had occurred by effluxion of time. 6. Chairman or member of Committee attending Board meeting The chairman of a Committee shall not and no member of the Committee shall attend any meeting of the Board as a member of the Board during the hearing or determination of any complaint against any person which is referred to the Board by the Committee for determination if such member has attended any meeting of the Committee at which such complaint was considered.(33 of 2025 s. 157) 7. Meetings of Committee (1) A Committee is to meet from time to time as directed by the chairman of the Committee who may at any time adjourn any meeting of the Committee.(2) Save as otherwise provided in the Ordinance the chairman of a Committee shall determine the procedure to be adopted at any meeting.(33 of 2025 s. 157)