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Disciplinary and Regulatory Proceedings in Hong Kong

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ISBN13: 9789888111794
Published: December 2011
Publisher: LexisNexis Butterworths Hong Kong
Country of Publication: Hong Kong
Format: Hardback
Price: £160.00



Despatched in 13 to 15 days.

In the last two years, against the backdrop of a worldwide financial crisis, we have witnessed in other jurisdictions the self-regulation regimes of the great professions beginning to give way to independent regulators, leaving the professional bodies with educational and marketing functions. Hong Kong remains relatively unaffected by this trend and has only felt its impact when considering the common law as practised in other jurisdictions and in the context of a comparative jurisprudence referencing international practice and standards. Nevertheless, there have been a number of important developments in recent years in disciplinary proceedings law in Hong Kong, particularly regarding the requirements for legal representation and the role of legal advisers.

Disciplinary and Regulatory Proceedings in Hong Kong is divided into two parts. Part I deals with the law in disciplinary proceedings generally. It chronicles the various stages of the proceedings, including concepts of misconduct, investigation, pre-hearing, hearing, penalty and costs, appeal and judicial reviews. There is also a chapter devoted to current issues, including advertising, conflicts of interest and competition. Part II deals with the various professions. These are broadly divided into the medical and para-medical professions, the legal professions, the construction professions, the accounting profession, the economic and financial professions, and other social professions or groups, all of whom make contributions to Hong Kong's modern and civilised society.

This text is the first of its kind and will become the leading reference for practitioners, judges, jurists and those wishing to research and understand all facets of Hong Kong's law relating to disciplinary proceedings.

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Subjects:
Other Jurisdictions , Hong Kong
Contents:
PART I : THE LAW ON DISCIPLINARY PROCEEDINGS
CHAPTER 1 : CHARACTERISTICS OF DISCIPLINARY PROCEEDINGS
CHAPTER 2 : JURISDICTIONAL BASIS OF DISCIPLINARY PROCEEDINGS OF THE PROFESSIONS
CHAPTER 3 : POLICY MATTERS
CHAPTER 4 : STRUCTURE OF DISCIPLINARY TRIBUNAL
CHAPTER 5 : PRE-HEARING PROCEDURE
CHAPTER 6 : HEARING
SECTION A: PRE-TRIAL ISSUES
SECTION B: BASIC LAW AND HUMAN RIGHTS
SECTION C: BILL OF RIGHTS
SECTION D: GROUNDS FOR CHALLENGING A HEARING
SECTION E: EVIDENCE
SECTION F : DECISION
SECTION G : PENALTIES & COSTS
CHAPTER 7 : APPEAL AND JUDICIAL REVIEW
PART II : PROFESSIONAL DISCIPLINARY PROCEEDINGS IN PRACTICE
PART II(A) MEDICAL & PARA-MEDICAL PROFESSIONS
CHAPTER 8 : MEDICAL DOCTORS
CHAPTER 9 : CHINESE MEDICINE PRACTITIONER
CHAPTER 10 : DENTIST
CHAPTER 11 : PHARMACIST
CHAPTER 12 : CLINICAL PSYCHOLOGIST
CHAPTER 13 : VETERINARY SURGEON
CHAPTER 14 : NURSE
CHAPTER 15 : AUDIOLOGIST
PART II(B) CONSTRUCTION PROFESSIONS
CHAPTER 16 : GENERAL
CHAPTER 17 : ARCHITECTS
CHAPTER 18 : ENGINEERS
CHAPTER 19 : SURVEYORS
PART II (C) : ACCOUNTING PROFESSION
CHAPTER 20 : ACCOUNTANT
PART II (D) : LEGAL PROFESSIONS
CHAPTER 21 : BARRISTERS
CHAPTER 22 : SOLICITOR
CHAPTER 23 : ARBITRATOR;
PART II(E) COMMERCIAL & ECONOMIC PROFESSIONS
CHAPTER 24 : STOCK & COMMODITIES REGULATION
CHAPTER 25 : PROPERTY AGENTS
CHAPTER 26 : CHINESE MEDICINE TRADERS
PART II (F) SOCIAL PROFESSIONS
CHAPTER 27 : CIVIL SERVANTS
CHAPTER 28 : HOSPITAL AUTHORITY
CHAPTER 29 : POLICE
CHAPTER 30 : TEACHERS
CHAPTER 31 : SOCIAL WORKER.