VACCINATION ORDINANCE, 1923

VACCINATION ORDINANCE, 1923

No. 12. of 1923.

An Ordinance to amend the law relating to vaccination.

[31st December, 1923.]

1. This, Ordinance may be cited as the Vaccination
Ordinance, 1923.

The regulations formerly contained in the First Schedule to this
Ordinance have been transferred to the corresponding volume of
the Regulations of Hong Kong.





2. In this Ordinance,

(a) 'Child' means any person under fourteen years of age;
(b) 'Guardian' means the father, mother or other person
who for the time being has in fact the custody of any child or
of any pupil in any school.

(c) 'Health Officer'~ includes the Director of Medical
Services, any medical officer appointed by the Governor as a
Health Officer or Port Health Officer, and any officer for the
time being performing the duties of a Health Officer or Port
Health Officer;
.(d) Public vaccinator' means any person appointed by the
Governor under, section 3 (1) for the purpose of vaccinating
persons.

General.

3.-(1) The Governor may appoint any persons to, be
public, vaccinators (with such salaries as he may determine) for
the purposes of this Ordinance, and may also appoint any place
within. the Colony or the waters thereof for the purpose of public
,vaccination or to be a Government quarantine station.

(2) It shall be lawful for the Governor at any time to cancel
any appointment made under this section.

4. No person unless he is either-
(a) a. registered medical practitioner; or
(b) a public vaccinator
shall perform the operation. of. vaccination upon any other
person.

5. Every person who, by inoculation with variolous matter
or by wilful exposure to variolous matter or to any matter, article
or thing impregnated with variolous. matter, or wilfully by any
other means whatsoever, produces or attempts to produce the
disease of. smallpox in himself or in any other person shall be
guilty of an offence against this Ordinance.

6.-(1) It shall be lawful for the Governor in Council to
make regulations in respect of-

As amended by Law Rev. Ord., 1939, Supp. Sched.





(a) the duties and powers of all officers appointed under
this Ordinance;

(b). the fee, if any, to be paid for vaccination by a public
vaccinator, the method of payment thereof and the time and
place of vaccination;

(c) the forms of certificates to be given under this Ordinance;
and

(d) all such other matters not hereinbefore specifically
mentioned as may conduce to the better carrying out of this
Ordin hnce.

(2) The forms in the Schedule shall be in force until altered
.or amended by regulations made under this Ordinance.

7. The signattires required on any' of the forms in the
Schedule, and on any other forms that may be hereafter
authorized by regulations made under this Ordinance, shall be
written by the hand of the person purporting to sign and no
person shall employ or cause to be employed any type, stamp,
chop or other device to reproduce any signature on any of the
said forms.

8. The keeper of every hotel or boarding-house liclensed
under the provisions of the regulati6ns made under the Asiatic
Emigration Ordinance, 1915, or the'Boarding-house *Ordinance,
1917, shall display in a conspicuous position in such hotel or
boarding-house all notices relating to vaccination sent to him by
the Secretary for Chinese Affairs. for the purpose of being so
displayed.

Certificates of vaccination or of successful vaccination for
use within or without the Colony.

9. Subject to any regulations that may be made under this
Ordinance, no person shall give a certificate of vaccination or a.
certificate of successful vaccination u Inless he is either-'.

(a) a registered medical practitioner; or

(b) a public vadinator.

+ As amended by Law Rev. Ord., 1939, Supp. Sched.





10. No person shall give a certificate of vaccination of any
person unless he has himself performed'the operation upon such
person.

11. No person shall give a certificate of successful vaccination
of any person unless he has. himself performed the operation
upon such person and has also satisfied himself by personal
inspection that the operation was successful.

12.--(1) Any certificate of vaccination given for an emigrant
shall be in Form No. 1 in the Schedule.

(2) Any certificate of vaccination given, other than for a
child or an emigrant shall be in Form No. 2 in the Schedule.

(3) Any certificate of successful vaccination given other than
for a child shall be in Form No. 3 in the Schdule.

13. The provisions of sections 9, 10, 11 and 12 shall. apply
to all certificates of vaccination or of successful vaccination given
for use either within or without the Colony.

Vaccination of children.

14.-(i) Subject to the provisions of sub-sections (2) to (9),
every child born or resident within the Colony shall be
successfully vaccinated.

(2) The guardian of every child born within the Colony
shall cause such child to be successfully vaccinated within six
weeks of its birth.

(3) The guaidian of every child brought within the Colony
shall cause such child to be successfully vaccinated within six.
weeks of its, being so brought for the firs time.

(4) Every guardian who obtains the custody of , an
unvaccinated child after the expiration of either of the
periods. of six weeks referred to in sub-sections (2) and (3) shall
cause such child to be successfully vaccinated forthwith.

.. (5) The guardian of any child who is to be vaccinated shall
'take the child or cause the child 'to be taken to a registered

As amended by No. 12 of 1931 [15.5.31].
As amended by Law Rev. Ord., 1939, Supp, Sched.





medical practitioner or to a public vaccinator for vaccination, and
shall further take the child or cause the child to be taken for
inspection after the operation at an time or times directed, and

to the place or places appointed, by the registered medical
practitioner or public vaccinator who has performed the operation.

(6) Such registered medical practitioner or public vaccinator
shall on personal inspection of the successful vaccination of the
child give to the guardian of the child a certificate to that effect
which may be in Form No. 4 in the Schedule.

(7) (a) If a Health Officer or any registered, medical
practitioner is of opinion that any child is not a fit and proper
subject to be successfully vaccinated, he may give to the guardian
of the child a certificate in Form No. 5 in the Schedule and such
certificate shall remain in force for a period not exceeding two
months from the date therof.

(b) If the child is not uccessfully vaccinated before the
termination of such period of two months the said certificate, on
the application of the guardian, may be renewed by a Health
Officer or by a registered medical practitioner during each
succeeding period of two months until the child has been
successfully vaccinated; and every renewal shall be indorsed on
the certificate and dated as of the date of such renewal and shall
be signed by the Health Officer or the, registered medical
practitioner granting the renewal.

(c) The production of any unexpired 'certificate of unfitness
for successful vaccination shall be a sufficient defence against
any complaint which may be brought against the guardian for
non-compliance with the provisions of this Ordinance in respect
of the vaccination of.the child.

(8) If a Health Officer or a registered medical practitioner
finds that a child who has been three times unsuccessfully
vaccinated is insusceptible of successful Vaccination, or. that a
child brought for vaccination has already had smallpox, he shall
give to the guardian of the child a certificate in Form No. 6
in the Schedule and the guardian shall thenceforth not be
required to cause the child to be vaccinated.

(9) Failure to comply with the provisions of this.section shall
be deemed to be a continuing offence.





.15. In any prosecution under this Ordinance

(a) if any person appears to the magistrate to have had the custody of
a child, it shall until the contrary is proved be presumed that such person
had the custody of such child;

(b) if any child has been found within the Colony it shall' until the
contrary is proved be presumed that a period of six weeks has elapsed since
such child was brought within the Colony for the first time;

(c) if it appears to the magistrate that any person who is alleged in the
charge to have been a child at the date of the alleged offence was a child at
such . date,, it s ' hall until the contrary is proved be presumed that such
person was a child at such date;

(d) if it appears to the magistrate that any child was over the age of six
weeks at the date of the alleged offence, it shall until the contrary is proved
be presumed that such child was over the age of six weeks at such date;

(e) if any person alleges any previous successful vaccination the
onus of proving such allegation- shall lie on such person.

Vaccination of persons desiring to land in the Colony and
others.

16.-(1). If any Health Officer or any public vaccinatdor deputed for the
purposes of this section by a Health Officer, considers it desirable that any
person should be vaccinated or re-vaccinated, he may direct such person to
be vaccinated or re-vaccinated forthwith and shall, if required by such
person, either by himself or by some other qualified person perform such
vaccination. or re-vaccination free of charge.

(2) If such person refuses to be vaccinated or re-vaccinated forthwith
any Health Officer may, by warrant in Form No. 7 in the Schedule order that
*such person be detained in a Government quarantine station for any period
not exceeding ten days and may cause such person to be removed thereto,
and

As amended by No. 12 of 1931 [15.5.31].
As amended
by Law Rev. Ord., 1939, Supp. Sched.





any such person may be detained by any public. vaccinator or
by any public officer for such 10time as may reasonably be
necessary for the purpose of obtaining and executing the warrant
of the Health Officer under this sub-section.

17.-(1) Whenever the Port Health Officer notifies the
owners, charterers, agents or master of any ship that.he requires
the vaccination or re-vaccination of any persons Who have arrived
in the Colony Qn board such ship and who desire to land in
the Colony, such ship shall anchor at a quarantine anchorage
and except with the permission of the Port Health Officer no
such person shall land in the Colony juntil he has been vaccinated
cr, re-vaccinated, as the case may be.

(2) If any such person refuses to be vaccinated or re-
vaccinated the Port Health Officer may, by warrant in Form No.
8 in the Schedule, order that such person be detained in a
Government quarantine station for any period not exceeding ten
days and may cause such person to be removed thereto.

(3) The master shall detain on the ship any such person
who is not permitted to land in the Colony, and may use any
means reasonably necessary for that purpose.

(4) If any such person lands in the Colony without the
permission of the Port Health Officer, the Port Health Officer,
or a magistrate may, by warrant in Form No. 8 in the Schedule,
order that such person be detained in a. Government quarantine
station for any period not exceeding ten days and may, cause
such person to be removed thereto, or the Port Health Officer
may make an order that such person be returned to his port of
embarkation by or at the expense of the agents of the - ship by
which he was brought to the Colony and the Port Health Officer
or a magistrate may, by warrant in Form No. 8 in the Schedule,
order that such person be detained in a Government quarantine
station pending his re-embarkation and may cause such person
to be removed to such station.

18. Where a warrant has been issued for the detention of
any person in a Government quarantine station under the
provisions of section 16 (2), 17 (2) or 17 (4), such person shall
be liable to pay all or any of the charges incurred by reason
of his detention in such. station and in the event of hi's refusal

As amended by Law Rev. Ord., 1939, Supp. Sched.





or inability to pay such , charges shall be liable to have his effects seized,
detained and sold to defray such charges. Such person shall further, if he
escapes or attempts to escape from such station or from the custody of any
person removing him to such station,- be guilty of an offence. against this
Ordinance and may-be arrested by any person removing him- to such station
or'by any officer or servant of such station or by any police officer and may
be conveyed to and detained in such station.

19. Where any person who may be requi red to be vaccinated or re-
vaccinated under the. provisions of section 16 (1) pr 17 (1) is in the opinion of
a Health Officer or the Port Health Officer, as the case may be, not in a fit or
proper state to be vaccinated or re-vaccinated or has already suffered from
smallpox or has already been successfully vaccinated or re-vaccinated '
within three years immediately preceding, no further vaccination or re-
vaccination shall be compulsory.

Vaccination of inmates of reformatories, Prisons, etc.

20.-(1) As soon as practicable after any person is received
as an inmate of any reformatory, refuge, industrial school,
charitable institution, lunatic asylum or prison, the master or
other person in charge of such establishment or the keeper of
such prison shall at the, expense of such establishment or prison
cause such inmate to be successfully vaccinated by a registered
medical practitioner-or by a public vaccinator.

(2) Vaccination under this section shall not be compulsory

(a) in the case of an inmate who produces satisfactory
evidence that he has been successfully vaccinated within three years
immediately preceding or that he is not susceptible of successful
vaccination ; nor

(b) in the case of an inmate who in the opinion of a registered* 'medical
practitioner cannot be submitted to the operation without danger to the
inmate; nor

(c) in the case of an inmate of a lunatic asylum, where the medical
officer of the institution is of opinion that for any reason the operation
would be inexpedient; nor

As amended by Law Rev. Ord., 1939, Supp. Sched.





(d) in any case which may be excluded by regulation from
the operation of this section.

Vaccination of pupils attending schools.

21.-(1) The guardian of every unvaccinated pupil admitted
to any school in the 'Colony shall cause the pupil to be
successfully vaccinated within six weeks of such admission.

(2) After the expiration of the said period of six weeks, no
pupil who is liable. to be vaccinated under the provisions of this
section shall be allowed by his, guardian to attend any school
in the Colony until he has been successfully vaccinated.

(3) For all the purposes of this section, the provisions of
section 14 (4), (5), (6), (7), (8) and (9) relating to.vaccination
and to certificates of successful vaccination, unfitness and
insusceptibility shall apply.

Registration.

22. Every certificate given under section 14 (6) shall be
produced within seven days after the. date thereof by the
guardian of the child to the Registrar General of Births and
Deaths, who shall-

(i) if the child's name. is entered in the register of births,
enter the word 'Vaccinated' opposite the name of the, child
in the register, or

(2) if the child's name is not so entered, enter the child's
name and the fact that the child has been successfully vaccinated
in some other book to be kept for the purpose

Provided that in any case where a child has been vaccinated
in accordance with the provisions of this . Ordinance and the
person who has performed the operation is prevented by reason
of death, absence from the Colony or any other cause that may
appear sufficient to the Registrar General of Births and Deaths,
from giving a, certificate of successful vaccination to the
guardian of the child, it shall be lawful for the Registrar General
of Births and Deaths, if he is satisfied, upon such evidence as'

As amended by No. 12 of 1931 [15.5.31).
As amended by No. 9 of 1932 [27.5.32] and No. 21 of 1934 [10.8.34]-
As amended by Law Rev. Ord., 1939, Supp. Sched.





he thinks fit, that the orieration was successful, to register the
successlul vaccination of the child in the manner provided by
this section, notwithstanding that a certiflicate of successful
vaccination has not been produced to him, by the guardian of
the child.

23. Every certificate given or renewed under section 14 (7)
shall be produced within seven days after the date thereof and
of every renewal thereof, as the, case may be, by the guardian
of the child to the Registrar General of Births and Deaths, who
shall enter the particulars of the same in a book to be kept by
him for that purpose.

24. Every certificate given under section 14 (8) shall be
produced within seven days after the date thereof by the
guardian of the child to the Registrar General of Births and
Deaths, who shall-

(i) if the child's name is entered 'In the register of births,
enter the' word 'Insusceptible' opposite the name of stich child
in the register, or

(2) if the child's name is not so entered, enter the child's
name and the fact that the child has been certified insusceptible
of successful vaccination in some other book to be kept for that
purpose.

25.-(1) There shall be kept at each place appointed under
this Ordinance for the purpose of public vaccination a register
of all children vaccinated at such place.

(i) The register shall be called 'the public vaccinator's
register', and the entries therein shall be made at the time of
vaccination and inspection by the public vaccinator according
to the form and particulars in Form No. 9 in the Schedule.

Penalty.

26. Every person who contravenes or fails to comply with
any of the provisions of this Ordinance or of any of the
regulations made thereunder shall upon summary conviction be
liable to a fine not exceeding two hundred and fifty dollars and
to imprisonment for any term not exceeding six months.

As amended by No. 9 of 1932 [27.5.32] and No, 21 of 1934 [10.8.34].
As amended by Law Rev. Ord., 1939, Supp. Sched.





SCHEDULE...........6 (2), 7.

FORMS.

FORM No. 1.
[S.12 (1).]
Hong Kong


Certificate of vadeination for an emigrant.
Male
Name .....................* Sex
Female
Date of this certificate ..............................................
Place of-issue ..........

Present age of emigrant .............................................
Number of previous vaccination marks now distinctly

visible ...............................................................
Number of new vaccination marks made this day .........

Signature and description of vaccinating officer.

...............................................................

Hong Kong. FORM No. 2. Is. 12 (2).]

Certificate of vaccination other than for a child or an emigrant.

Name .........................Sex Male
................................Female
Date of this certificate .........................................................

Place of issue .........................................................................

Present age of applicant ......................................................
Number of previous vaccination marks now distinctly visible ......
Number of new vaccination marks made this day ......................
Signature and description of vaccinating officer..

................................

N.B.-No fee is payable for this certificate. This certificate does not imply
that the vaccination has been sucessful. If the person vaccinated
for a certificate of successful vaccination he must apply to the
officer vaccinating him at the date, time and place prescribed.

As amended by G.N. 103 of 1932 [19.2.23]
As. amended by Law Rev. Ord., 1939, Supp. Sched.





FORM NO. 3 [s. 12 (3)].

Hong Kong.

Certificate of succesful vaccination other than for a child.

I, the undersigned, hereby certify that I have personally vaccinated
[fill in name and sex of person vaccinated] of
and that I have this day satisfied myself by personal inspection that
the operation was successful.

Dated the day of 19

(Signed)

Health Officer, Registered
Medical Practitioner or Public Vaccinator.

N.B.-No fee is payable to any public vaccinator for this vaccination or the
granting of this certificate.

FORM No. 4. [ss. 14 (6), 22.]

Hong Kong.

Certificate of successful vaccination of child.

I, the undersigned, hereby certify that I have personally vaccinated
[fill in name, any,. date of birth, sex and pwrentage of child] of
and that I have this day satisfied myself by personal
inspection that the operation was successful.

Dated the day of

(Signed)

Health Officer, Registered
Medical Practitioner or Public Vaccinator.

N.B.- No fee is payable for this certificate. This certificate must, within
seven days after the date thereof, be produced by the guardian of the child to
the Registrar General of Births and Deaths.

As amended by No. 21 of. 1934 [10.8.34].
As amended by Law Rev. Ord., 1939, Supp. Sched.





FoRm No. 5. [ss.14 (7), 23.]

Hong Kong..

Certificate of unfitness of child for successful vaccination.
I, the undersigned, hereby certify that I am of opinion that [fill
in name, if any, date of birth, sex and parentage of child] of
is not now in a fit and proper state to be successfully
vaccinated for the following reasons, viz.and that I have
recommended the postponement of the vaccination until,the
day of (a) 19

Dated the day of- 19

(Signed)

Health OfficeT or Registere d Medical Practitioner.

N.8---(1) After the expiration of the above period this certificate may be
renewed by a Health Officer or by a medical practitioner..
(2) This certificate must, within seven days after the date thereof, and within
seven-days after the date of every renewal therof, be produced by the guardian
of the child to the Registrar General of Births and Deaths f& registration.

FoRm No. 6. [ss. 14 (8), 24.]

Hong Kong.

Certificate for child of insusceptibility of successful vaccination.
I, the undersigned, hereby certify that I am of opinion that [fill
in name, if any, date of birth, sex and parentage of child] of
is insusceptible of successful vaccination.

Dated the day of 19

(Signed)

Health Officer or Registered Medical Practitioner.

N.B.-This certificate must, within seven days after the date thereof, be
produced by the guardian of the child to the Registrar General of Births and
Deaths.

As amended by No. 21 of 1934. [10.8.34].
As amended by ]paw Rev. Ord., 1939, Supp. Sched.





FORM No. 7. [S.16 (2).]

WARRANT FOR DETENTION.

Vaccination Ordinance, 1923.
Hong Kong.

To the Commissioner of Police and to each and all of the police
officers and sanitary inspectors of the Colony, and to the officer in
charge of the Government quarantine station at
Whereas it is my opinion desirable that of
should be vaccinated [or re-vaceinated] and
whereas the said has refused to be so
vaccinated (or re-vaceinated] :
These are therefore to command you to take the said
and to remove him to the Government quarantine station at
, and to detain him at the said station for a period
not exceeding ten days from the date hereof.

Dated the day of 19
(Signed) Health Officer.

FORM No. 8. 17 (2), (4).

WARRANT FOR DETENTION.

Vaccination Ordinance, 1923.
Hong Kong.

To the Commissioner of Police and to each and all of the police
offers and sanitary inspectors of the Colony, and to the officer in
charge of the Government quarantine station at
Whereas of has been required
under the provisions of section 17 (1) of the Vaccination Ordinance,
1923, to be vaccinated [or re-vaccinated] and has refused to be so
vaccinated [or re-vaccinated] [or has landed in the Colony without
the permission of the Port Health Officer] :
These are therefore to command you to take the said
and to remove him to the Government quarantine station at
and to detain him at the said station for a period not exceeding ten
days from the date hereof [or pending his re-embarkation.]

Dated the day of 19

(Signed)

Port Health Officer or Alagistrale.

As amended by Law Rev. Ord., 1939, Supp. Sched.

FORM No. 9. [s.25 (2).]

Public Vaccinator's Register.
Hong Kong.
Public Vaccinator's Register at Station.

Public Vaceinator.


[Originally No. 12 of 1923. No. 12 of 1931. No. 9 of 1932. No. 21 of 1934. Law Rev. Ord., 1939.] Short title. Interpretation. Appointment of public vaccinators and vaccination and quarantine stations. Vaccinations to be performed by certain persons only. Inoculation. Regulations. Schedule. Signatures on forms. Schedule. Display of notices by hotel or boarding-house keepers. Ordinances Nos. 30 of 1915 and 23 of 1917. Certificates to be given by certain persons only. Certificates of vaccination. Certificates of successful vaccination. Forms of certificates. Schedule. Forms Nos. 1, 2, 3. Application of ss. 9 to 12. Vaccination of all children: children born within the Colony; duty of guardian obtaining custody of unvaccinated child after time allowed for vaccination; procedure for vaccination of children; [s. 14 contd.] certificate of successful vaccination; Schedule. Form No. 4. Giving and effect of certificate of unfitness for successful vaccination; Schedule. Form No. 5. Giving and effect of certificate of insusceptibility of successful vaccination; Schedule. Form No. 6. continuing offence. Presumptions and onus; custody; length of residence; child; age; previous successful vaccination. Vaccination by direction of Health Officer. Schedule. Form No. 7. Vaccination of persons desiring to land in the Colony. [cf No. 7 of 1936, s. 59.] Schedule. Form No. 8. Schedule Form No. 8. Detention in Government quarantine station. [cf. No. 7 of 1936, s. 59.] Exemption. Vaccination of inmates of reformatoroies, prisons, schools, etc. Vaccination of upuils admitted to schools: pupils liable to be vaccinated not to attend schools; application of previous provisions of Ordinaance. Registration of certificate of successful vaccination. Registration of certificate of unfitness for successful vaccination. Registration of certificate of insusceptibility of successful vaccination. Public vaccinator's register of children vaccinated. Schedule. Form No. 9. Penalty. [Sched. contd.] [Sched. contd.] (a) Not to exceed two months from the date of the certificate. [Sched. contd.]

[Originally No. 12 of 1923. No. 12 of 1931. No. 9 of 1932. No. 21 of 1934. Law Rev. Ord., 1939.] Short title. Interpretation. Appointment of public vaccinators and vaccination and quarantine stations. Vaccinations to be performed by certain persons only. Inoculation. Regulations. Schedule. Signatures on forms. Schedule. Display of notices by hotel or boarding-house keepers. Ordinances Nos. 30 of 1915 and 23 of 1917. Certificates to be given by certain persons only. Certificates of vaccination. Certificates of successful vaccination. Forms of certificates. Schedule. Forms Nos. 1, 2, 3. Application of ss. 9 to 12. Vaccination of all children: children born within the Colony; duty of guardian obtaining custody of unvaccinated child after time allowed for vaccination; procedure for vaccination of children; [s. 14 contd.] certificate of successful vaccination; Schedule. Form No. 4. Giving and effect of certificate of unfitness for successful vaccination; Schedule. Form No. 5. Giving and effect of certificate of insusceptibility of successful vaccination; Schedule. Form No. 6. continuing offence. Presumptions and onus; custody; length of residence; child; age; previous successful vaccination. Vaccination by direction of Health Officer. Schedule. Form No. 7. Vaccination of persons desiring to land in the Colony. [cf No. 7 of 1936, s. 59.] Schedule. Form No. 8. Schedule Form No. 8. Detention in Government quarantine station. [cf. No. 7 of 1936, s. 59.] Exemption. Vaccination of inmates of reformatoroies, prisons, schools, etc. Vaccination of upuils admitted to schools: pupils liable to be vaccinated not to attend schools; application of previous provisions of Ordinaance. Registration of certificate of successful vaccination. Registration of certificate of unfitness for successful vaccination. Registration of certificate of insusceptibility of successful vaccination. Public vaccinator's register of children vaccinated. Schedule. Form No. 9. Penalty. [Sched. contd.] [Sched. contd.] (a) Not to exceed two months from the date of the certificate. [Sched. contd.]

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