分類：Engineers Registration Ordinance

Engineers Registration Ordinance

Inquiry committee and rules of conduct – Disciplinary Proceedings

留言

Inquiry committee and rules of conduct
(1)The Board may refer any complaint concerning a disciplinary offence to an inquiry committee for decision, and for that purpose the Board may establish an inquiry committee of not less than 3 members of the Institution in the same or a similar discipline as the registered professional engineer in respect of whom the complaint is made, to determine whether or not he has committed a disciplinary offence.
(2)The Board may make rules providing for the conduct of its inquiries by an inquiry committee and for other matters relating to the investigation of an alleged disciplinary offence.
(3)The inquiry committee shall not proceed to hear evidence of a complaint concerning a disciplinary offence unless the registered professional engineer in respect of whom the complaint is made is given 28 days’ notice of the complaint and the date, time and place of the hearing.
(4)The registered professional engineer referred to in subsection (3) shall be entitled to attend and hear all evidence produced at the hearing and shall be provided with a copy of this Ordinance and any rules made under this section.
(5)The Board may make rules for the rehearing of an inquiry by an inquiry committee.
(6)Where a registered professional engineer is alleged to have committed a disciplinary offence under section 20(1)(b) or (g), the inquiry committee—
(a)shall not be required to inquire whether the registered professional engineer was properly convicted of the alleged offence; and
(b)may consider any record of the case in which a conviction was recorded and any other evidence which is relevant as showing the nature and gravity of the offence.
(7)The inquiry committee may, in deciding whether a person has committed a disciplinary offence, have regard to any code of professional conduct or practice promulgated by the Board or currently in use by the Institution.

Disciplinary Proceedings – Register and Certificates

留言

Disciplinary offences
(1)A registered professional engineer commits a disciplinary offence if he—
(a)commits misconduct or neglect in any professional respect;
(b)has been convicted of an offence under this Ordinance;
(c)has obtained registration under this Ordinance by fraud or misrepresentation;
(d)was not at the time of his registration under this Ordinance entitled to be registered;
(e)has held himself out to be a registered professional engineer in a specific discipline when he was not so registered;
(f)without reasonable excuse, fails to attend before an inquiry committee when summoned either as a witness or as a person in respect of whom the inquiry committee is meeting; or
(g)has been convicted in Hong Kong or elsewhere of any offence which may bring the profession into disrepute and sentenced to imprisonment, whether the sentence is suspended or not.
(2)If a person who has been guilty of misconduct or neglect in a professional respect or has been convicted of an offence under this Ordinance or has been convicted of an offence likely to bring the profession into disrepute and sentenced to imprisonment, informs the Board of such misconduct, neglect or conviction when he applies for registration or renewal of registration and the Board subsequently accepts the person for registration or renewal of registration, that person shall not, for the purposes of registration or renewal of registration, be considered as having committed a disciplinary offence in respect of the disclosed misconduct, neglect or conviction.
(3)Where the Registrar receives a complaint concerning a disciplinary offence, the Registrar shall submit the facts to 2 members of the Board appointed by the Board for the purpose, and the members, in consultation with the Registrar, shall determine whether the complaint should be referred to the Board.