The paragraphs below outline the procedure of disciplinary proceedings in respect of registered/enrolled nurse before the Council.
For details, please refer to the Nurses Registration Ordinance, Cap. 164 and its subsidiary legislation, namely the Nurses (Registration and Disciplinary Procedure) Regulations, Cap. 164A and the Enrolled Nurses (Enrolment and Disciplinary Procedure) Regulations, Cap. 164B.
For the avoidance of doubt, the Nurses Registration Ordinance and its subsidiary legislation shall prevail in case there is any discrepancy found in the contents of this document.
According to section 17(1) of the Nurses Registration Ordinance, if, after due inquiry into any case referred to it in accordance with the regulations made under section 27 thereof, the Council is satisfied that any registered/enrolled nurse:
the Council may inter alia order that the name of the registered/enrolled nurse be reprimanded or that his/her name be removed from the register or roll of nurse (or any part thereof), either permanently or for a specified period of time.
According to section 17(3) of the Nurses Registration Ordinance, "unprofessional conduct" means an act or omission by a registered nurse or an enrolled nurse which could be reasonably regarded as disgraceful or dishonourable by registered nurses or enrolled nurses of good repute and competency.
The procedures preliminary to the exercise of disciplinary powers by the Council are set out in Part IV of the Nurses (Registration and Disciplinary Procedure) Regulations and in Part IV of the Enrolled Nurses (Enrolment and Disciplinary Procedure) Regulations.
Submission of complaint or information
Where a complaint is made to or information is received by the Secretary that a registered/enrolled nurse:
the Secretary shall submit the complaint or information to the Chairman of the Preliminary Investigation Committee ("PIC"). Unless the Chairman of the PIC considers that a complaint is frivolous or groundless and should not proceed further, he/she shall refer the complaint or information to the PIC for consideration.
Consideration of complaint by the PIC
If the Chairman of the PIC decides to refer a complaint or information to the PIC for consideration, he/she shall direct the Secretary to, and the Secretary when so directed shall notify the defendant nurse of: the receipt of the complaint or information; the substance thereof; the date upon which the PIC is due to meet for the purpose of considering the complaint or information; and invite the defendant nurse to submit to the PIC any explanation of his/her conduct or any other matter alleged in the complaint or information which he/she may have to offer. At the meeting at which the complaint or information is considered by the PIC, the Secretary shall put before the PIC the complaint or information, any statutory declaration received, any explanation submitted by the defendant nurse and any evidence relevant to or in support of the complaint or information and which is available. Having considered everything that was put before it, the PIC shall then determine either that:
Before coming to the above determination, the PIC may cause to be made such further investigations and may obtain such additional advice or assistance as it considers necessary.
If the PIC determines that an inquiry shall be held, the Secretary shall, within thirty days after the determination of the PIC, serve on the defendant nurse a notice of inquiry.
If the PIC determines that no inquiry shall be held, the Secretary shall inform the complainant, if any, and the defendant nurse of the decision of the PIC and no inquiry shall be held.
Where after a complaint or information has been referred to the Council for inquiry and further information is subsequently produced in writing which suggests that an inquiry ought not be held, the Council may refer the case back to the PIC for further consideration.
Inquiry
The proceedings at an inquiry before the Council are as set out in Part V of the Nurses (Registration and Disciplinary Procedure) Regulations and in Part V of the Enrolled Nurses (Enrolment and Disciplinary Procedure) Regulations.
The inquiry will be open to the public unless the Council decides to conduct in camera.
The defendant nurse shall be entitled to be represented by counsel or solicitor or by a friend throughout the inquiry.
At the opening of any inquiry, the Secretary shall read the notice of inquiry.
The Chairman of the Council shall inform the defendant nurse that he/she may cross-examine witnesses, give evidence and call witnesses on his/her own behalf and address the Council.
The defendant nurse may object to any charge on a point of law, and upon such objection, any other party to the proceedings may reply thereto, and if any party replies to such objection, the defendant nurse shall be permitted to answer such reply. The Council shall then consider and determine if such objection can be upheld.
The complainant, or his/her representative, or in their absence, or if there be no complainant, the legal officer representing the Secretary, shall present the case against the defendant nurse, and adduce evidence in support thereof and shall close the case against the defendant nurse.
At the conclusion of the presentation of the case against the defendant nurse, the defendant nurse may make either or both of the following submissions in relation to any charge – (i) that no or insufficient evidence has been adduced upon which the Council can find that the facts alleged in that charge have been proved; (ii) that the facts alleged in the charge are not such as to constitute the offence charged. When such a submission is made by the defendant nurse, the complainant or his/her representative or, in their absence, the legal officer representing the Secretary, may make a reply. The defendant nurse may make answer to such reply. The Council shall then consider and determine whether the submission can be upheld. If the Council upholds the submission in respect of the charge, the Council shall make the finding that the defendant nurse is not guilty of the charge. If the Council rejects the submission, the defendant nurse shall be called upon to state his/her case.
The defendant nurse may then adduce evidence in support of his/her case and may address the Council. Except with the leave of the Council, only one address may be made by the defendant nurse, and where evidence has been adduced by or on behalf of the defendant nurse such address may be made either before or after such evidence has been adduced.
At the conclusion of the case of the defendant nurse, the complainant or his/her representative or, in their absence, the legal officer representing the Secretary, may address the Council in reply but only if evidence by or on behalf of the defendant nurse, other than the defendant nurse's own evidence, has been adduced; or with the leave of the Council.
The Council shall then consider and determine whether the facts alleged in any charge before the Council have been proved to its satisfaction and whether the defendant nurse is guilty of the matter charged. The Council also has the power to postpone judgment to until such further meeting of the Council as the Council may determine. When the Council has come to its decision, the Council shall announce the decision in such terms as the Council may approve.
After the announcement of the decision of the Council in respect of the charge, if such decision be a finding of guilty of the matter charged, the Council shall consider and determine the sentence. Before the Council decides such sentence, the Secretary or other person presenting the case to the Council may produce to the Council the previous disciplinary records of the Council in respect of the defendant nurse. The defendant nurse may address the Council by way of mitigation and may adduce evidence as to the circumstances leading to the commission of the offence and to any previous offences and as to character and antecedents of the defendant nurse.
The Council shall then consider and determine the sentence and shall announce the decision of the Council in such terms as the Council may approve. The Council also has the power to postpone the sentence to until such future meeting as the Council may decide.
As set out in paragraph 4 above, the Council may inter alia order that the name of the registered/enrolled nurse be reprimanded or that his/her name be removed from the register or roll of nurse (or any part thereof), either permanently or for a specified period of time. The Council also has power to make such order as the Council thinks fit with regard to the payment of costs.
The Secretary shall cause a copy of the order made by the Council to be served upon the registered/enrolled nurse.
Any person who considers himself aggrieved by an order of the Council may appeal to the Court of Appeal within 30 days after the service upon the appellant (i.e. the defendant nurse) a copy of the order to which the appeal relates.
Within 30 days after the expiration of the time within which an appeal against an order made by the Council may be made to the Court of Appeal, or, if an appeal has been, within 30 days after the appeal is finally determined, the Council shall cause the order or, if the order is varied on appeal, the order as so varied to be published in the Gazette of the Hong Kong Special Administrative Region, and may cause an account of the proceedings at the inquiry at which such order was made to be so published together with sufficient particulars to acquaint the public with the nature of the offence to which the order relates.
Gazetted Order Made by The Nursing Council of Hong Kong
Disciplinary Inquiry of the Nursing Council
Arrangements for Disciplinary Inquiries in times of Typhoons and Rainstorms