Right of Review and Appeal

Review and appeal against decision on Chinese Medicine Practitioners Licensing Examination

Review on the eligibility of undertaking Licensing Examination

According to section 66 of the Chinese Medicine Ordinance, any person aggrieved by the decision of the Examination Committee made regarding his application eligibility of undertaking the Licensing Examination may, within 14 days of the receipt of the notification of the decision, request the Practitioners Board to review the decision in writing stating the reasons relied upon. Upon receipt of the request, the Practitioners Board shall review the decision of the Examination Committee, and shall notify the person concerned of its decision in writing.

Review on the results of Licensing Examination

The Practitioners Board shall notify candidates the results of the Licensing Examination in writing. According to section 62 of the Chinese Medicine Ordinance, the candidate concerned may, within 14 days of the receipt of the written notification, request the Practitioners Board to review the result of the Licensing Examination in writing stating the reasons relied upon. Upon receipt of the request and payment of the prescribed review fee, the Practitioners Board shall review the examination result and notify the candidate in writing of its decision within 1 month after the completion of the review.

Appeal mechanism

According to section 97 of the Chinese Medicine Ordinance, any person aggrieved by the decision of the Practitioners Board made regarding his application eligibility, examination result and certificate of Chinese Medicine Practitioners Licensing Examination may, within 14 days of the receipt of the notification of the decision, or within such further time as the Chinese Medicine Council of Hong Kong (the Council) may in special circumstances allow, appeal against that decision to the Council in writing stating the reasons relied upon. In determining an appeal, the Council may invite the person concerned to give further representations in writing or in person. The procedures on appeal are listed out in part VI of Chinese Medicine Practitioners (Registration) Regulation. The Council may affirm, reverse or vary the decision appealed against and the decision made by the Council shall be final.

 

Appeal against refusal of application for registration

According to section 97 of the Chinese Medicine Ordinance, any person aggrieved by the decision of the Practitioners Board made regarding his application for registration as a Chinese medicine practitioner may, within 14 days of the receipt of the notification of the decision, or within such further time as the Chinese Medicine Council of Hong Kong (the Council) may in special circumstances allow, appeal against that decision to the Council in writing stating the reasons relied upon. In determining an appeal, the Council may invite the person concerned to give further representations in writing or in person. The procedures on appeal are listed out in part VI of Chinese Medicine Practitioners (Registration) Regulation. The Council may affirm, reverse or vary the decision appealed against and the decision made by the Council shall be final.

 

Appeal against refusal of restoration of name to the Register

According to section 97 of the Chinese Medicine Ordinance, any person aggrieved by the decision of the Practitioners Board made regarding his application for restoration of his name to the Register may, within 14 days of the receipt of the notification of the decision, or within such further time as the Chinese Medicine Council of Hong Kong (the Council) may in special circumstances allow, appeal against that decision to the Council in writing stating the reasons relied upon. In determining an appeal, the Council may invite the person concerned to give further representations in writing or in person. The procedures on appeal are listed out in part VI of Chinese Medicine Practitioners (Registration) Regulation. The Council may affirm, reverse or vary the decision appealed against and the decision made by the Council shall be final.

 

Appeal against order of the Practitioners Board for removal of name from the Register by reason of health

According to section 97 of the Chinese Medicine Ordinance, any registered Chinese medicine practitioner whose name has been ordered by the Practitioners Board to be removed from the Register by reason of health, and is aggrieved by the decision of the Practitioners Board, may, within 14 days of the receipt of the notification of the decision, or within such further time as the Chinese Medicine Council of Hong Kong (the Council) may in special circumstances allow, appeal against that decision to the Council in writing stating the reasons relied upon. In determining an appeal, the Council may invite the person concerned to give further representations in writing or in person. The procedures on appeal are listed out in part VI of Chinese Medicine Practitioners (Registration) Regulation. The Council may affirm, reverse or vary the decision appealed against and the decision made by the Council shall be final.

 

Appeal against order of the Practitioners Board by registered Chinese medicine practitioner

According to section 103 of the Chinese Medicine Ordinance, any registered Chinese medicine practitioner whose name has been ordered by the Practitioners Board to be removed from the Register, or who is aggrieved by a disciplinary order made by the Practitioners Board in respect of him after inquiry may, within 1 month from the date of service of the order, or within such further time as the Court of Appeal may in special circumstances allow, appeal to the Court of Appeal.