Clause 42

The Medical Council may from time to time appoint one or more committees comprising —

A member of a Complaints Committee inquiring into any matter concerning a registered medical practitioner shall not be a member of a Disciplinary Committee inquiring into the same matter.

The observer who is a member of a Disciplinary Committee shall not vote on any question or matter to be decided by the Disciplinary Committee and need not be present at every meeting of the Disciplinary Committee.

A Disciplinary Committee may be appointed in connection with one or more matters or for a fixed period of time as the Medical Council may think fit.

The Medical Council may at any time revoke the appointment of any Disciplinary Committee or may remove any member of a Disciplinary Committee or fill any vacancy in a Disciplinary Committee.

No act done by or under the authority of a Disciplinary Committee shall be invalid in consequence of any defect that is subsequently discovered in the appointment or qualification of the members or any of them.

Subject to subsection (3), all members of a Disciplinary Committee shall be personally present to constitute a quorum for the transaction of any business.

The Medical Council shall appoint a member of a Disciplinary Committee who is a member of the Medical Council to be the Chairman of the Disciplinary Committee.

Subject to subsection (3), all members of a Disciplinary Committee present at any meeting thereof shall vote on any question arising at the meeting and such question shall be determined by a majority of votes and, in the case of an equality of votes, the Chairman shall have a casting vote.

A Disciplinary Committee shall meet from time to time to inquire into any matter referred to it by the Medical Council and may regulate its own procedure.

A member of a Disciplinary Committee shall, notwithstanding that he has ceased to be a member of the Medical Council on the expiry of his term of office, continue to be a member of the Disciplinary Committee until such time the Disciplinary Committee has completed its work.

The registered medical practitioner may appear in person or be represented by counsel.

A Disciplinary Committee shall not be bound to act in any formal manner and shall not be bound by the provisions of the Evidence Act (Cap. 97) or by any other written law relating to evidence but may inform itself on any matter in such manner as it thinks fit.

A Disciplinary Committee may, for the purpose of any proceedings before it, administer oaths and any party to the proceedings may sue out writs of subpoena ad testificandum and of duces tecum.

The writs referred to in subsection (14) shall be served and may be enforced as if they were writs issued in connection with a civil action in the High Court.

Any person giving evidence before a Disciplinary Committee shall be legally bound to tell the truth.

Witnesses shall have the same privileges and immunities in relation to hearings before a Disciplinary Committee as if they were proceedings in a court of law.

A Disciplinary Committee shall carry out its work expeditiously and may apply to the Medical Council for an extension of time and for directions to be given to the Disciplinary Committee if the Disciplinary Committee fails to make its finding and order within 6 months from the date of its appointment.

When an application for extension of time has been made under subsection (18), the Medical Council may grant an extension of time for such period it thinks fit.

In sections 172, 173, 174, 175, 177, 179, 182 and 228 of the Penal Code (Cap. 224), “public servant” shall be deemed to include a member of a Disciplinary Committee taking part in any investigation under this section, and in sections 193 and 228 of the Penal Code, “judicial proceeding” shall be deemed to include any such investigation.