CODE OF PRACTICE OF
THE OPTOMETRISTS BOARD OF HONG KONG
FOR THE GUIDANCE OF
REGISTERED OPTOMETRISTS
(N.B. All registered optometrists are earnestly advised to read through this
pamphlet and to acquaint themselves thoroughly with its contents,
thereby avoiding the danger of inadvertently transgressing accepted
codes of professional ethical behaviour which might then lead to
disciplinary action by the Optometrists Board.)
PART I
INTRODUCTION
1. The Optometrists Board (henceforth called the Board) was established on
1st May 1986 under section 5 of the Supplementary Medical Professions
Ordinance, Cap. 359 (henceforth called the Ordinance).
The functions of the Board are—
(a) to promote adequate standards of professional practice and
professional conduct among optometrists, and
(b) to carry out a number of functions assigned to it under the
Ordinance.
These functions include the compilation and maintenance of a register of
optometrists (henceforth called the register) and the investigation of any
alleged infringement of the Optometrists (Registration and Disciplinary
Procedure) Regulation (henceforth called the Regulation).
The Board is also required to exercise control over the way in which the
profession is practiced.
2. The Ordinance lays down general rules on the following—
Registration and Practicing Certificates (Part III)
Control of Professions (Part IV)
Discipline (Part V)
and these rules apply to all professions controlled under the Ordinance. It is
therefore important that optometrists familiarize themselves with those parts
of the Ordinance.
The exact way in which the register of optometrists is compiled and
maintained, and the procedure governing disciplinary action in the case of
registered optometrists, have been laid down in the Regulation. The relevant
sections of the Ordinance and Regulation concerning disciplinary matters are
reproduced at Annex I.
Copies of the Ordinance and the Regulation are available from the Government
Publications Centre.
3. The purpose of this Code of Practice is to provide guidance for the
profession and is intended to assist optometrists in the conduct of their
profession.
4. Under section 26(1)(a) of the Ordinance the Board may prepare and revise
the Code of Practice prescribing standards of conduct and practice for persons
practicing optometry, for the employers of persons practicing optometry and
for the directors of any company carrying on the business of practicing
optometry.
5. Under section 26(1)(b) of the Ordinance, the Code of Practice may also
regulate the activities of registered persons in the supervision and control of
unqualified persons assisting such persons in the practice of the profession.
6. A copy of this Code and each revision thereof will be sent to each person
registered under the Regulation.
7. A person who contravenes any part of this Code of Practice may be
subject to inquiries held by the Board. However, the omission of any matter
from this Code shall not preclude the Board from judging a person of having
acted in an unprofessional or improper manner with regard to that matter. An
optometrist is also guilty of unprofessional conduct when he, in the pursuit of
his profession, does something or omits to do something, which in the opinion
of his professional colleagues of good repute and competency, might
reasonably be regarded as disgraceful or dishonourable, or which falls below
the standard of competency that his colleagues might regard as reasonable,
having regard to the optometrist’s stage of experience.
8. The Board wishes to emphasize that notwithstanding the contents of this
Code, every case in which a registered optometrist is accused of unprofessional
conduct will be judged individually.
9. The Board also wishes to emphasize that, in considering convictions, it is
bound to accept the determination of a court as conclusive evidence that the
person was guilty of the offense of which he was convicted. A person who faces
a criminal charge should remember this if he is advised to plead guilty, or not
to appeal against a conviction, in order to avoid publicity or a severe sentence.
It is not open to him, if he has been convicted of an offense, to argue before the
Board that he was in fact innocent. It is therefore unwise for a person to plead
guilty in a court of law to a charge to which he believes that he has a defense.
PART II
EXAMPLES OF CONVICTIONS AND FORMS
OF PROFESSIONAL MISCONDUCT WHICH
MAY LEAD TO DISCIPLINARY PROCEEDINGS
1. This part of the pamphlet sets out certain kinds of offenses and
professional misconduct which may lead to disciplinary proceedings by the
Board. This pamphlet is NOT a complete code of professional ethics, nor can it
specify all offenses which may lead to disciplinary action. It is simply a guide.
2. When a complaint against an optometrist is received by the Secretary of
the Board, it is initially investigated by the Preliminary Investigation
Committee, a committee of the Board. This Committee decides whether or not
the professional concerned has a case to answer before the Board.
3. The Board alone decides whether any course of conduct amounts to
unprofessional conduct. If this is proved, the Board then assesses the gravity of
that unprofessional conduct and may impose any penalty in accordance with
section 22(1)(i)–(iv) of the Ordinance. Thereafter there is a route of appeal to
the Court of Appeal.
4. Optometrists desiring detailed advice on questions of professional conduct
arising in particular circumstances are advised to consult their professional
association, their own legal advisers or senior colleagues for advice. The Board,
having a quasi-judicial function, is not able to advise individuals directly.
5. The following paragraphs describe the more common types of offense or
misconduct which may be regarded as grounds for disciplinary proceedings.
6. Convictions—
A serious view is likely to be taken if an optometrist is convicted of
criminal deception, forgery, fraud, theft, indecent behaviour or assault in the
course of his professional duties or against a patient or colleague. Such
convictions may lead to subsequent disciplinary proceedings, irrespective of
whether a prison term is imposed or not.
7. Abuse of professional position in order to further an improper
association—
An optometrist who abuses his professional position in order to further an
improper association with a patient is guilty of professional misconduct and
may be subject to disciplinary proceedings.
PART III
FURTHER GUIDANCE ON THE CONDUCT
OF THE PROFESSION
1. General Professional Ethics
1.1 An optometrist should at all times act in a way which brings credit
on himself and the profession.
1.2 An optometrist must keep the best interests of the patient uppermost
in his mind at all times.
1.3 An optometrist must maintain at all times the highest standard of
professional competence and continually strive to update and extend his or
her professional knowledge and skill.
1.4 It is the duty of an optometrist to keep confidential all information
concerning a patient unless disclosure is made in the course of referral to
another professional or is required by law.
1.5 An optometrist must keep adequate records of all patients for a
minimum period of five years from the date on which the patient last
consulted the optometrist.
2. Relationship with Other Optometrists
2.1 Consultation with other optometrists should be arranged when an
optometrist feels that he is unable to best meet the needs of his patient.
This is especially vital while there are different categories of optometrists,
possibly resulting in a member of the public being uncertain what the
optometrist of his choice is able to provide in the way of optometric care.
In matters of referral, it is recognized that the ability to perceive the need
to refer will vary according to the training the optometrist has received
and with the standard of examination he is able to provide.
2.2 In cases where a patient is referred to another optometrist, both
optometrists must charge their appropriate fee separately. Splitting of fees
is unethical. Sharing fees with any person who has not taken a commensurate
part in the service for which the fees are charged is considered to be an
unethical practice, as also is the provision or receipt of rebates, and may
lead to disciplinary action.
2.3 The depreciation of the professional skill, knowledge, services or
qualifications of another optometrist, either expressly or by implication,
must be avoided.
3. Relationship with Other Professionals
3.1 Any patient who appears to the optometrist to have an ocular
abnormality which might require specialized attention should be referred
for the appropriate professional care.
3.2 Wherever practical, a written report on the patient should be sent to
the professional to whom the patient is referred.
3.3 If a person, who in the opinion of the optometrist requires
specialized treatment, is unwilling to consult another practitioner, the
optometrist shall record that fact and the grounds which the person gives
for his unwillingness in the person’s records.
3.4 The depreciation, during a patient’s consultation, of the professional
skill, knowledge, services or qualifications of other professionals, either
expressly or by implication, must be avoided.
4. Display of Registration Certificates
4.1 Section 18(1) of the Ordinance states that a person registered shall
keep displayed, in a conspicuous positions, in any premises in which he
practices his profession, his certificate of registration, or a certified copy of
such certificate.
4.2 Application for more than two certified copies may be subject to
investigation by the Board to ensure that the Regulation is being complied
with.
5. Advertising and Publicity
5.1 Advertising or publicity must be honest and truthful.
5.2 It must not contain any statement or implication which cannot be
substantiated.
5.3 It must not contain any claim of superiority over other practitioners
nor depreciate the services of other practitioners.
5.4 No announcements on discount or free professional services are
allowed.
5.5 The use of a flamboyant, grandiose or misleading business name
must be avoided. Registered optometrists who are the owners of
optometric practices are urged to use their own names so that members of
the public are kept informed as to who is responsible for the services
provided.
5.6 The use of a business name which suggests that a specialist or
medical service is being provided, or that a commercial establishment has
an educational function is not permitted.
5.7 The use of terms such as ‘supermarket’ to describe a business at
which a registered person provides a service is not permitted.
5.8 Only qualifications which have been approved by the Board may be
displayed either inside or outside the premises or on any stationery used in
the conduct of the business.
5.9 Only the titles ‘registered optometrist’ shall be used. However, if a
registered optometrist is permitted by the Board to practise contact lens
fitting, he can also use the title ‘contact lens practitioner’. The use of any
other titles is expressly forbidden.
5.10 An optometrist who has been awarded the degree of doctor of
optometry (O.D.) may use the title ‘doctor’, in the form of ‘Dr. XXX
(name), optometrist’, or ‘XXX (name), doctor of optometry’. The Chinese
translation is ‘
’. Care must be taken to avoid giving the impression toany member of the public that the optometrist is a physician.
6. Standards of Care
6.1 It is recognized that while there are different levels of professional
training it is not possible to set one standard of practice for all
optometrists. It is, however, important for optometrists to realize that they
are expected to provide a standard of care commensurate with the training
they have received and with the part of the register on which their names
appear.
6.2 Optometrists and employers of optometrists are advised that they
should organize their workload, and that of any registered persons
working under them, to maintain the required standard of care.
6.3 The premises at which a registered person provides a service must be
equipped to allow the provision of a proper standard of care. Optometrists
should aim at equipping their practice to permit the highest standard of
practice of which they are capable.
6.4 It is not considered that the result of a computerized eye test,
particularly one which does not give a subjective visual acuity, on its own,
provides an adequate standard of refractive prescription or vision care.
6.5 Optometrists should provide appropriate information to a patient
pertaining to his conditions upon request.
7. Contact Lens Fitting
7.1 Paragraph 1.5 has already stressed the need to maintain adequate
case records. This is considered particularly essential in contact lens
practice.
7.2 A contact lens practitioner is required to make arrangements for
continuing contact lens aftercare and supervision compatible with the
clinical needs of the patient.
7.3 When faced with refusal to return for aftercare, this fact should be
recorded in the patient’s records.
8. Use of Drugs in the Course of Practice
8.1 A list of drugs which appropriately trained optometrists (i.e. those
registered in Part I of the register) are expressly permitted to use in the
course of their practice has been drawn up by the Board and appears in
Annex II to this Code. This list may be updated at intervals to be
determined by the Optometrists Board. There is no restriction on the use
of fluorescein sodium and rose bengal.
8.2 Optometrists are warned that care must be exercised in the use of
any drug. Any careless or irresponsible use may lead to disciplinary action.
8.3 Drugs listed in Annex II can only be used for diagnostic purposes.
8.4 An optometrist who is entitled to use specified drugs (other than
staining agents) in the course of his practice must have knowledge of
cardio-pulmonary resuscitation (CPR) and be proficient in this technique.
Relevant accessories for resuscitation (e.g. Ambu bag) should be made
available on the premises.
9. Fitness to Practice
Abuse of Alcohol or Drugs—
An optometrist shall not engage in the practice of optometry whilst his
ability to perform any professional act is impaired by alcohol or drugs.
Annex I
Extract of sections 22–25 of the Supplementary Medical Professions Ordinance,
Cap. 359 is reproduced as below:—
PART V
D
DISCIPLINE“22. Disciplinary powers of board
(1) If after due inquiry into any case referred to it by a Preliminary
Investigation Committee in accordance with regulations made under section 29
a board is satisfied that a person registered by that board—
(a) has been convicted in Hong Kong or elsewhere of an offense
punishable with imprisonment;
(b) has been guilty in Hong Kong or elsewhere of unprofessional
conduct;
(c) was not at the time of his registration qualified to be registered;
(d ) has obtained registration by fraud or misrepresentation; or
(e) has not complied with or is in breach of any condition of his
registration (other than a condition under section 15) or has
failed to comply with this Ordinance,
the board may—
(i) order the name of the person registered to be removed from the
register;
(ii) order the name of the person registered to be removed from the
register for such period as it thinks fit;
(iii) order the person registered to be reprimanded; or
(iv) order that a warning letter in such terms as it considers
appropriate be served on the person registered.
(2) Within 1 month after the expiry of the time within which an appeal
against an order made by a board under subsection (1) may be made to the
Court of Appeal under section 25 or if such appeal has been made, within
1 month after the decision of the Court of Appeal affirming or varying such
order, the board—
(a) shall, in the case of an order made under subsection (1)(i), (ii) or
(iii), or the order as so varied, as the case may be, publish the
order in the Gazette together with an account of the particulars
and the nature of the matter to which such order relates; and
(b) may, in the case of an order made under subsection (1)(iv), or the
order as so varied, as the case may be, publish the order in the
Gazette together with an account of the particulars and the
nature of the matter to which such order relates.
(3) In any inquiry held under this section, a board may make such order
as it thinks fit for the payment of the costs of its secretary, a complainant,
counsel or a solicitor present at the inquiry and the person registered or any
one or more of them and any costs awarded may be recovered as a civil debt.
(4) Nothing in this section shall require a board to inquire into the
question whether the person registered was properly convicted but the board
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.
(5) In any inquiry under this section as to whether a person has been
guilty of unprofessional conduct, any finding of fact which is shown to have
been made in any matrimonial proceedings in a court in a common law
jurisdiction which has unlimited jurisdiction in civil matters, or on appeal from
a decision in such proceedings, shall be conclusive evidence of the fact found.
23. Powers of boards at inquiries
(1) For the purposes of an inquiry under section 13 or 22 or when it
otherwise appears desirable to a board that any matter relating to the relevant
profession should be inquired into, the board shall subject to subsection (4)
have power—
(a) to hear, receive and examine evidence on oath;
(b) to summon a person to attend the inquiry to give evidence or
produce a document or other thing in his possession and
examine him as a witness or require him to produce a document
or other thing in his possession;
(c) to admit to the inquiry or to exclude therefrom the public or any
member of the public;
(d ) to admit to the inquiry or to exclude therefrom the press; and
(e) to award any person summoned to attend the inquiry such sum
or sums as in the opinion of the board may have been reasonably
expended by him by reason of his attendance.
(2) A summons under subsection (1) shall be in the prescribed form and
signed by the secretary of the board.
(3) Subject to subsection (4), a person who—
(a) being summoned under subsection (1) to attend an inquiry to
give evidence or to produce a document or other thing in his
possession, refuses or neglects to do so; or
(b) being examined under subsection (1) as a witness by or before a
board, refuses or neglects to answer a question put to him by or
with the concurrence of the board, or to produce a document or
other thing in his possession when required to do so,
commits an offense.
(4) Notwithstanding subsection (3) a person who appears as a witness
before a board shall be entitled to the same privileges in respect of the giving of
evidence and the production of a document or other thing as he would be entitled
to if appearing as a witness in civil proceedings before the Court of First Instance.
(5) A person whose conduct is the subject of an inquiry, or who is
implicated or concerned in the subject matter of the inquiry, shall be entitled to
be represented by counsel or a solicitor at the inquiry.
(6) A person who—
(a) behaves in an insulting manner or uses any abusive, threatening
or insulting expression to or in the presence of a board; or
(b) willfully disrupts the proceedings of a board,
commits an offense.
24. Provisions relating to decisions and orders of boards
(1) The secretary of a board shall cause a copy of any decision of the
board under section 13(3) or of any order made by the board under section 22
to be served forthwith upon the person concerned.
25. Appeals to Court of Appeal
(1) Any person whose application for registration is declined under
section 13(3) or a person registered who is aggrieved by an order made in
respect of him under section 22(1) may appeal to the Court of Appeal and the
Court of Appeal may thereupon affirm, reverse or vary the decision or order
appealed against.
(2) The decision of the Court of Appeal shall be final.
(3) The Court of Appeal may make such order for the payment of costs
as it considers reasonable.
(4) Subject to subsection (5), the practice in relation to the appeal shall
be subject to any rules of court made under the High Court Ordinance
(Cap. 4).
(5) Notwithstanding subsection (4), the Court of Appeal shall not hear
an appeal against a decision of a board under section 13(3) or an order made
under section 22(1) unless notice of the appeal was given within 1 month of the
service of a board’s decision on the applicant or within 1 month of the service
of the order under section 24, as the case may be.”
Extract of sections 17–46 of the Optometrists (Registration and Disciplinary
Procedure) Regulation is reproduced as below:—
PART III
P
ROCEEDINGS PREPARATORY TO HEARING BY THE BOARD“17. Preliminary Investigation Committee
(1) For the purposes of performing the functions conferred upon it by the
Ordinance and this Regulation, there shall be a Preliminary Investigation
Committee consisting of—
(a) a chairman who shall be a member of the Board nominated by
the Board and appointed by the Chairman of the Board;
(b) 1 registered optometrist ordinarily resident in Hong Kong, not
being a member of the Board, nominated by the Hong Kong
Optometric Association and appointed by the Chairman of the
Board;
(c) 1 registered optometrist ordinarily resident in Hong Kong, not
being a member of the Board, nominated by the Hong Kong
Society of Professional Optometrists and appointed by the
Chairman of the Board.
(2) Save as provided in Schedule 5 the members of the Committee shall
hold office for 12 months but at the end of such period they may be reappointed.
(3) Schedule 5 shall apply in relation to the Preliminary Investigation
Committee.
18. Submission of complaint or information
(1) Where—
(a) a complaint is made to the Secretary in respect of a registered
optometrist; or
(b) information is received by the Secretary in respect of an
application for registration,
as to any of the matters referred to in paragraph (a), (b), (c), (d) or (e) of
section 22(1) of the Ordinance he shall submit the complaint or that
information to the Chairman of the Committee.
(2) In this Part “complaint” includes information received by the
Secretary under subsection (1)(b) and submitted under that subsection.
19. Complaint touching conduct
(1) Where, in a complaint submitted by the Secretary to the Chairman of
the Committee under section 18, any allegation is made which in the opinion of
the Chairman of the Committee gives rise to a question whether a registered
optometrist or an applicant for registration—
(a) has been convicted in Hong Kong or elsewhere of an offence
punishable with imprisonment;
(b) has been guilty in Hong Kong or elsewhere of unprofessional
conduct; or
(c) may be guilty of any of the matters referred to in paragraph (c),
(d ) or (e) of section 22(1) 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.
(2) Each statutory declaration referred to in subsection (1) shall state—
(a) the address and description of the declarant; and
(b) if any fact declared is not within the personal knowledge of the
declarant, the source of the declarant’s information and the
grounds for his belief in the truth of the facts.
20. Reference of complaint to the Committee
(1) On receiving a complaint submitted under section 18, the Chairman
of the Committee shall fix a date for the meeting of the Committee to consider
the complaint for the purpose of determining whether it should be referred to
the Board for inquiry.
(2) Where a complaint is to be considered by the Committee for the
purposes described in subsection (1) the Secretary shall—
(a) notify the respondent of the receipt of the complaint;
(b) inform him of the substance thereof;
(c) forward to him a copy of any statutory declaration furnished
under section 19(1);
(d ) inform him of the date fixed for the meeting of the Committee to
consider the complaint; and
(e) invite him to submit to the Committee any explanation he wishes
to offer for his conduct or any other matter alleged in the
complaint.
21. Consideration of complaint by the Committee
(1) The Secretary shall, at the meeting at which the complaint is
considered, put before the Committee the complaint, any statutory declaration
received therewith, any explanation submitted by the respondent and any other
available document or matter in the nature of evidence relevant to the
complaint.
(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 shall in whole or in part be referred to the
Board for inquiry.
(3) Before coming to a determination under subsection (2), the
Committee may cause to be made such further investigation and may obtain
such additional advice or assistance as it considers necessary.
22. Determination of Committee that no inquiry be held
(1) If the 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.
(2) If the 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.
23. Determination of Committee that inquiry be held
(1) Where a matter is referred to the Board under section 22(2), the
Chairman of the Board shall fix a date for the holding of an inquiry and the
Secretary shall, within 2 months of the determination of the Committee to refer
the complaint to the Board, serve on the respondent—
(a) a notice of inquiry which shall be in accordance with Form 4 in
Schedule 2; and
(b) a copy of this Regulation.
(2) A notice of inquiry shall—
(a) in a case where the complaint is that the respondent has been
guilty of unprofessional conduct, state in the form of a charge
the matters into which inquiry is to be held;
(b) in any other case, state the allegation contained in the complaint; and
(c) specify the date, time and place at which the inquiry is proposed
to be held.
(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 may be by registered
post addressed to him at his registered address or at his address last known to
the Secretary if different.
(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.
24. Adjournment of inquiry
(1) The Chairman of the Board may, at any time, adjourn any inquiry to
such date as he thinks fit.
(2) Notice of any such adjournment shall be given to the respondent and
to any complainant.
25. Documents to be furnished to Board
The respondent and any complainant shall furnish to the Secretary, not
less than 10 days before the date of an inquiry or such lesser period as the
Board may determine, 2 copies of all documents upon which he intends to rely
at the hearing of the inquiry.
26. Documents to be available to each party
The Secretary on the request of the respondent or 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.
27. Notice to produce
Any party may at any time give to any other party notice to produce any
document alleged to be in the possession of that party and, on failure to produce
such document, may prove the contents thereof by any alternative method.
28. Amendment of notice
(1) Where before the hearing or at any stage of the hearing it appears to
the Board that a notice of inquiry is defective, the Chairman of the Board may
give such directions for the amendment of the notice as he may consider
necessary to meet the circumstances of the case unless, having regard to the
merits of the case, he is of the opinion that the required amendments cannot be
made without prejudice to the respondent.
(2) The Secretary shall, as soon as is practicable, after the amendment of
a notice of inquiry, give notice in writing thereof to the respondent and to any
complainant.
PART IV
P
ROCEEDINGS AT HEARING OF THE BOARD29. Interpretation
In this Part—
“order” means an order made by the Board in the exercise of its powers under
section 22 of the Ordinance;
“Secretary” includes a legal officer appointed in pursuance of section 31.
17
30. Record of proceedings
(1) A shorthand writer may be appointed by the Board to prepare a
verbatim record of the proceedings.
(2) If a verbatim record of any proceedings or any part of any
proceedings has been prepared the Chairman of the Board, on application to
him by any party and on the payment of reasonable charges (if any), shall
furnish such party with a copy of such record.
31. Appointment of legal officer as Secretary
On the application of the Secretary, the Attorney General may appoint 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.
32. Opening of inquiry
(1) At the opening of an inquiry the Secretary shall read the notice of
inquiry.
(2) If the respondent is not present and is not represented by 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 23(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
shall, immediately after the notice of inquiry has been read, inform him of his
right to cross-examine witnesses, to give evidence and to call witnesses on his behalf.
33. Objections on point of law
(1) After the reading of the notice of inquiry the respondent, or his
counsel or solicitor, may object to any charge or allegation as the case may be
on a point of law and the Secretary and any other party to the inquiry may
reply thereto and, if the Secretary or any party replies to that objection, the
respondent, or his counsel or solicitor, shall be permitted to answer such reply.
(2) If such objection is upheld by the Board the charge to which such
objection relates shall be considered only subject to such objection.
34. Order of procedure before Board
(1) After the reading of the notice of inquiry the order of procedure
specified 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, 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.
35. Determination by Board or postponement to future meeting
At the conclusion of the proceedings the Board shall either—
(a) determine whether the facts alleged in any charge or allegation
have been proved to its satisfaction and whether the respondent
is guilty as alleged or charged; or
(b) postpone its determination to a future meeting to be held on a
date to be decided by the Board,
and the Chairman of the Board shall announce the decision of the Board.
36. Notification of 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 in accordance with
section 23(4), and a copy of the notice shall be sent to the complainant, if any.
37. Determination by Board at future meeting
At any future meeting of the Board referred to in section 35(b), the Board
shall determine whether the facts alleged in any charge or allegation have been
proved to its satisfaction and whether the Board finds the respondent guilty as
alleged or charged and the Chairman of the Board shall announce the Board’s
determination.
38. Making of an order or postponement to future meeting
Where the Board makes a finding of guilt or that any allegation against
the respondent has been proved under section 35(a) or 37, it shall—
(a) if the respondent is a registered person, subject to section 41,
make an order; and
(b) if the respondent is an applicant for registration, subject to section
41, decide whether to reject his application for registration; or
(c) postpone to a future meeting to be held on a date to be decided
by the Board, the making of an order under paragraph (a) or a
decision under paragraph (b),
and the Chairman of the Board shall announce the decision of the Board.
39. Notification of meeting for an order
(1) Where the Board postpones to a future meeting the making of an
order or a decision under section 38, the Secretary shall, not less than 1 week
before the date fixed for such meeting, serve on the respondent a notice
specifying the date, time and place fixed for the meeting and inviting him to
appear at the meeting.
(2) A notice under subsection (1) shall be served on the respondent in
accordance with section 23(4), and a copy of the notice shall be sent to the
complainant, if any.
40. Making of order at future meeting
At any future meeting referred to in section 38, the Board shall, subject to
section 41—
(a) if the respondent is a registered person, determine the order to be
made; and
(b) if the respondent is an applicant for registration, decide whether
to reject his application for registration,
and the Chairman of the Board shall announce the determination or decision
of the Board.
41. Opportunity for mitigation
(1) At any meeting of the Board at which the Board makes in respect of a
respondent an order or a decision to reject his 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
offense or the conduct complained of and as to the character and antecedents
of the respondent.
(2) At any meeting referred to in subsection (1), before the order or
decision of the Board is made—
(a) the Secretary or any other person presenting the case against the
respondent may, if the respondent has been the subject of a
previous order, produce to the Board the records of the meeting
at which that order was made; and
(b) the respondent, in person or by his counsel or solicitor, may
make a statement by way of mitigation and adduce evidence as
to the circumstances leading to the previous order.
42. Evidence
(1) Evidence may be taken by the Board by oral statement on oath or by
written deposition or statement.
(2) A summons under section 23(1)(b) of the Ordinance to any person
requiring him to attend an inquiry to give evidence or produce any document or
other thing in his possession shall be in accordance with Form 5 in Schedule 2.
(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.
43. Voting
(1) In the taking of the votes of the Board on any question to be
determined by it, the Chairman of the Board shall call upon the members to
signify their votes and shall then declare the determination of the Board in
respect of such question.
(2) Where a determination of the Board declared under subsection (1) is
challenged by any member of the Board, the Chairman of the Board shall call
upon each member severally to declare his vote, announce his own vote and
announce the number of members of the Board who have voted each way, and
the result of the vote.
(3) Where on any question to be determined by the Board the votes are
equal, the question shall be deemed to have been decided in favour of the
respondent.
(4) No person other than members of the Board and the Legal Adviser
shall be present when the Board votes on any matter.
PART V
D
UTIES OF LEGAL AADVISER44. Inquiry by the Board
The Legal Adviser shall be present at every inquiry held by the Board in
accordance with section 13 or 22 of the Ordinance and such an inquiry shall
not commence if the Legal Adviser is not present.
45. Ordinary meetings of Board
The Chairman of the Board may give to the Legal Adviser prior notice
that his advice may be required at any meeting of the Board, not being an
inquiry under section 13 or 22 of the Ordinance, or at any meeting of the
Committee and, where such notice is given, the Legal Adviser shall be present
at such meeting.
46. Advice by legal Adviser
(1) When the 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 shall be informed of the advice that the Legal Adviser has tendered.
(2) In any case where the Board does not accept the advice of the Legal
Adviser on any question described in subsection (1), every such party or person
shall be informed of this fact.”
Annex II
List of Approved Drugs
The Board has approved a list of drugs which it considers proper for
optometrists registered in Part I of the register to use in the normal conduct of
their practice. This list is given below:—
Type Drug
Topical Anaesthetics Proparacaine Hydrochloride used in 0.5% solution
Oxybuprocaine Hydrochloride used in 0.4% solution
Mydriatics Tropicamide used in 0.5% or 1.0% solution
Cycloplegics Cyclopentolate Hydrochloride used in 0.5% or 1.0%
solution
Atropine Sulphate used in 0.5% aqueous solution or
Atropine Sulphate 1.0% solution available in the form of
eyedrops or
Atropine Sulphate 0.5% ointment or Atropine Sulphate
1.0% ointment
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