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Functions

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In accordance with section 15 of the Pharmacy and Poisons Ordinance (Cap. 138, Laws of Hong Kong), a Disciplinary Committee is appointed by the Board for the purpose of disciplinary inquiry if:

(a) a complaint is received by the Board regarding the conduct of a registered pharmacist or an employee of a registered pharmacist, or it appears to the Board that a registered pharmacist has contravened a code of conduct applicable to the registered pharmacist;
(b) a complaint is received by the Board regarding the conduct of an authorized seller of poisons (ASP) or an employee, officer or partner of an ASP, or it appears to the Board that an ASP has contravened a code of practice applicable to the ASP;
(c) any of the persons mentioned in (a) or (b) above, is convicted of an offence under:
the Pharmacy and Poisons Ordinance (Cap. 138), the Dangerous Drugs Ordinance (Cap. 134), the Antibiotics Ordinance (Cap. 137), the Undesirable Medical Advertisements Ordinance (Cap. 231); or
section 52, 54 or 61 of the Public Health and Municipal Services Ordinance (Cap. 132) or section 7, 7A or 9 of the Trade Descriptions Ordinance (Cap. 362); or
(d) it appears to the Board that a condition imposed under section 13 of the Pharmacy and Poisons Ordinance (Cap. 138) in respect of the registration of any premises of an ASP has been contravened; or
(e) it otherwise appears necessary or desirable to the board to inquire into the conduct of any of the persons mentioned in paragraph (a) or (b) above.
 
In respect of a registered pharmacist or an employee of a registered pharmacist, the Disciplinary Committee may, at the conclusion of an inquiry:
(a) censure the registered pharmacist;
(b) issue a warning letter to the registered pharmacist; or
(c) remove his name from the register of pharmacists and not to re-enter it thereon for such period as the Disciplinary Committee directs.
 
As for an ASP or an employee, officer or partner of an ASP, the Disciplinary Committee may at the conclusion of an inquiry direct that:
(a) the ASP be disqualified, for such period as may be specified in the direction, from being an ASP;
(b) any or all of the premises of that ASP be removed from the register of premises, either until the expiry of the certificate of registration issued to that authorized seller of poisons in respect of the premises, or for a shorter period as may be specified in the direction;
(c) variations to be made to the conditions relating to the registration of any or all of the premises of that ASP; or
(d) a warning letter be served on that ASP.
 
At the conclusion of a disciplinary inquiry, the direction of the Disciplinary Committee against the registered pharmacist or an ASP takes effect immediately if the Disciplinary Committee considers it in the public interest to bring the direction into immediate effect. In any other case, on the date specified by the Disciplinary Committee if no appeal has been lodged before the expiry of the period for lodging an appeal. If an appeal has been lodged, on the date on which the appeal is finally determined.

The Disciplinary Committee may, subject to any conditions it thinks fit to impose, suspend for a period not exceeding 3 years (suspension period) the operation of a direction to remove a pharmacist’s name from the register of pharmacists, disqualify a person from being an ASP, or remove any or all of the premises of an ASP from the register of premises so that the direction takes effect only if a condition so imposed is contravened during the suspension period.

The Disciplinary Committee may, subject to any appeal, cause its decision in any inquiry to be published in the Gazette, with or without an account of the proceedings. An appeal against any direction of the Disciplinary Committee shall be made, within 28 days after receipt of notice of direction, to the Court of First Instance.
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