It usually immediately becomes effective for the sake of public interest. In other cases, it becomes effectively on the date specified which should be after the deadline for lodging an appeal. The date on which it becomes effective should be on or at most three months later that the date of the direction. If an appeal gets lodged, the date when the appeal finally gets determined is when the conclusion becomes effective.
The person or body can appeal to the Court of First Instance. This needs to happens within 28 days after the written acknowledgement of the committee's direction or finding is made.
The Disciplinary Committee can hold an inquiry as long as the person concerned is notified at least 28 days before the inquiry. It can then publish its decision of the inquiry in the Gazette. The specific proceedings of the inquiry can be chosen to be published or not. For pharmacists of employees of a pharmacist, the Disciplinary Committee can condemn the pharmacist, issue them a warning letter, direct the removal of his name from the register of pharmacists, and specify how long the person's name is disqualified to re-entry. For authorised sellers of poisons or a person linked to the company, the Disciplinary Committee can specify how long the company is to be disqualified for. Some or all parts of the company's premise can then be directed for removal from the register of premises. It remains disqualified for the period of time specified by the Disciplinary Committee or until its certificate of registration expires. The authorised seller of poisons's condition of registration can then be directed to changed . The Secretary of the Pharmacy and Poisons Board may also be asked to serve a warning on that company.
The Disciplinary Committee of the Pharmacy and Poisons Board of Hong Kong may specify a date as to which the direction becomes effective. This date should be after the time for lodging an appeal against the finding expires. It should also be on the date on which the finding is discovered or at the latest three months after this date.
The board can be appointed to conduct an inquiry against a registered pharmacist, a person employed by a registered pharmacist, an authorised seller of poisons, or an employer, officer, or partner of the authorised seller of poisons.
Pharmacy and Therapeutics Committee
Pharmacy and Therapeutics Committee(PTC)
An inquiry will be conducted when the Pharmacy and Poisons Board receives a complaint against a registered pharmacist, his employees, an authorised seller of poisons or its employees, partners, or officers. This can also happen when a pharmacist violates the Code of Conduct or an authorised seller of poisons violates the Code of Practice. In addition, this can occur when the people or companies mentioned above is convicted of an offense under Cap. 132, Cap. 144, Cap. 137, Cap. 138, Cap. 231, or Cap. 362. Moreover, the Disciplinary Committee can hold an inquiry when it seems necessary to do so.
The primary function of the Pharmacy and Theraputics Committee (PTC) is to establish standards for therapeutics.
In terms of Pharmacy, it is the term referred to as the Advisory Committee on Borderline Substances
As of 23/11/2017, its members include a medical officer of the Department of Health appointed by the Chief Executive, 2 registered pharmacists nominated by The Pharmaceutical Society of Hong Kong, and a legal adviser appointed by the Chief Executive as stated in Schedule 15 of Cap. 138.
As of 23/11/2017, the Disciplinary Committee has the ability to hear and examine witnesses on oath as stated in Schedule 16A of Cap. 138. It can also summon any person to attend the inquiry for purposes such as giving evidence. The summons should be in the form prescribed in the law and should have the signature of the Chairman of the Pharmacy and Poisons Board. If a person refuses to attend an inquiry or refuses to answer questions after being summoned, he or she is guilty of an offense. If that person gets convicted, he or she is liable to to a fine of HKD10,000 and 3 months of imprisonment. The person who plays the role of a witness in the inquiries of the committee will have the same privileges as witnesses in civil proceedings organised by the Court of First Instance. If the person behaves in an insulting or threatening manner or disrupts the inquiry on purpose, he or she is guilty of an offense. If that person gets convicted, he or she is liable to to a fine of HKD10,000 and 3 months of imprisonment.
As of 22/11/2017, the Board should publish the establishment of a new committee in the Gazette and mention its intended purpose.