MEDICAL REGISTRATION ORDINANCE

MEDICAL REGISTRATION ORDINANCE

CHAPTER 161.

MEDICAL REGISTRATION.

To consolidate and ainend the law regulating the registration of
pracklioners in medicine and surgery.

[14th October, 1935.]

1. This Ordinance may be cited as the Medical

Registration Ordinance.

2. In this Ordinance

'person registered', or words to the like effect, shall be deemed to
refer to a person registered tinder this Ordiiiance;

'practise' includes the diagnosis of any forni or forms of disease
whether the cases diagnosed be treated
medically or surgically or not: Provided that laboratory assistants
who work for or under a registered practitioner shall not by
reason only of such laboratory work be deemed to practise
medicine or surgery.

3. (1) Nothing in this Ordinance shall be deemed to affect the right
lit of any person of Chinese race, not being

a person taking or using, any name, title, addition or
to induce anyone to believe that he
is qualilled to practise medicine or surgery according to
modern scientific methods, to practise medicine or surgery
according to purely Chinese methods and to demand and
recover reasonable charges in respect of such practice.

(2) For the purposes of this section-

(a) the taking or using in Chinese by any person
of the name, title, addition or description of
or or or or or of any words or characters
implying specialization whell preceded by the
aforementioned characters shall not be deemed to be the
taking or using of a name, title, addition or description
calculated to induce anyone to believe that he is qualitied to
practise medicine or surgery according to modern scientific
methods Provided that in any English translation of such
characters the word 'Herbalist' must be included;





(b)the taking or using by any person of the name, title, addition
or description of

and the taking or using of words or characters
specialization if preceded by words or

implying specialization characters other than those specified
in paragraph (a) shall be deemed to be the taking or using of
a name, title, addition or description calculated to induce
anyone to believe that he is qualified to practise medicine or
surgery according to modern scientific methods.

4. (1) The Director of Medical and Health Services (hereinafter
referred to as the Director) sliall keep a register in the prescribed form
of medical and surgical practitioners qualified to practise medicine and
surgery in the Colony.

(2) Every person registered shall furnish to the Medical Board an
address within the Colony at which all notices from the Medical Board
may be served on him. This address shall be entered in the register.

5. The names of persons added to the register shall
be published in the Gazette. A copy of the register as it
then stands shall be published by the Director in the first
Gazette issued after every 3rd day of May. The absence
of the name of any person therefrom and from subsequent
issues of the Gazetle shall be prima facie evidence that such
person is not registered.

6. (1) The Director shall make the necessary alteration in the
addresses or qualifications of the persons registered, and cancel in the
register the names of all persons registered who have died or ceased
to be qualified.

(2) The Director may send a letter to any registered person
addressed to him according to his address in the register, to inquire.
whether he has changed his residence, and if he does not receive an
answer within six months he may cancel the name of such person.





7. Subject to the provisions of any Ordinance relating to stamp
duty, every registered person shall be entitled to practise medicine and
surgery in the Colony, and, except in the case of a person whose
conditions of employment do not permit him to do so, to demand and
recover reasonable charges for inedical or surgical aid rendered and
the cost of medicines or surgical appliances supplied by him.

8. Subject to the provisions of section 3, no person shall be
entitled to recover in any action any charge for any practice of
medicine or surgery by any person not registered.

9. (1) A Board, to be styled the Medical Board, shall continue to
function and shall consist, as heretofore, of the Director and the Serlior
Naval and Military Medical Officers for the time being in the Colony,
and two registered medical practitioners and three other fit persons
willing to serve who may be appointed by the Governor.

(2) A member appointed by the Govertior shall hold office for
three years, and may be reappointed or removed by the Governor at
his pleasure.

(3) Three members of the Medical Board shall form a quorum.

(4) The Director shall be ex officio the chairman of the Medical
Board; but in the case of his absence from anymeeting of the Board,
the members of the Board present shall appoint any other of its
members as chairman. The chairman shall have a deliberative and a
casting vote.

(5) The Board may make standing ordersfor

regulating the procedure' at, and in connexion with its
meetings [10]

10. (1) The following persons shall be entitled to be registered in
the register

(a)any person who is duly registered according to law as a
medical and surgical practitioner in any other part of His
Majesty's dominions and therein is entitled to practise
medicine, surgery and midwifery Provided that such person's
qualification is accepted by the General Council of Medical





Education and Registration of the United Kingdom as
admitting to registration by them

(b)any person who holds any degree of medicine and
surgery granted by the University of Hongkong;

(c)any person who holds a degree, diploma or licence in
medicine and surgery of any medical school the
degrees, diplomas, and licences of which are recognized
as entitling to registration by the General Council of
Medical Education and Registration of the United
Kingdom ;

(d)any licentiate of the former Hong Kong College of
Medicine:

(2) Provided always that any such person shall prove
to the satisfaction of the Medical Board that he is of good
character and possesses an adequate knowledge of the
English language, both spoken and written: Provided
also that any person who was on the 7th day of May,
1948 included in Part II of the register as constituted bY
section 4 Of the Medical Registration Ordinance, 1935,
shall be deemed to be registered in the register in like
Manner as if such inclusion entitled him to be so registered
and as if he had duly applied for and obtained registra-
tion. [11]

11. (1) Documentary or other evidence of the identity of any
person applying for registration under section 10 and of the facts
and qualifications therein referred to shall he submitted to and
forthwith considered by the Medical Board.

(2) If the Medical Board is satisfied with the proofs
submitted, it shall grant to such person a certificate in
the prescribed form.

(3) Such certificate shall be impressed with a stamp of
twenty-five dollars, and, on production to the Director shall
entitle such person to registration as a medical practitioner.

(4) Every person applying for registration under


section to shall furnish to the Medical Board an address within
the Colony at which all notices from the Medical Board may be
served on him. Notice of the decision of the Medical Board shall
be served on the applicant it the

address so furnished. [12]





12. (1) If any registered practitioner is convicted of any offence or
after due inquiry is

judged by the Medical
Board to have been guilty of infamous conduct in anv professional
respect, the Medical Board shall have power to make any such order
as to removing from or striking off the register the name of the
registered practitioner convicted of such offence or Judged guilty of
such conduct as aforesaid, as to Suspending him from practice, as to
censure, as to the payment of costs by any party attending the inquiry,
and otherwise in relation to the case as the Medical Board may think
fit.

(2) It shall be Jawful for the Medical Board to publish the result of
any inquiry held under this section either with or without aii account
of proceddings at the said inquiry.

(3) The Medical Board may also after due inquiry direct the name
of any person to be struck off the register who, in their opinion

(a)has obtained registration by fraud or misreprentation ; or

(b)was not at the time of registration entitled to be registered.

(4) Reasonable notice of any proposed inquiry under this section
shall be served on the person concerned.

(5) Notice of the decision of the Medical Board shall in all cases
under this section be served on the person concerned.

(6) The striking off the register under this section or the
publication under subsection (2) shall not take place until after the
expiration of fourteen days from the date of the service of the decision
of the Medical Board on the person concerned and in case of appeal
shall await the decision of the Governor in Council.

(7) The Medical Board may, if it thinks fit, at any time direct that
the name of a registered practitioner whose name has been removed
from or struck off the register be replaced thereon.

(8) The notice of any decision and any order or direction made by
the Medical Board as aforesaid shall be





signed by the Secretary of the Medical Board and may be filed with
the Registrar of the Supreme Court and when

so filed shall be enforceable in the same manner as a

judgment or order of the Supreme Court to the like
effect. [13]

13. Every person who fraudulently procures or attempts
to procure himself or any other person to be registered by
making or producing, or Causing to be made or produced,
any false or fraudulent representation or declaration, either
oral or in writing, and every person who aids and assists
him therein, shall be guilty of a misdemeanor triable

summarily, and shall be liable to imprisonment for two
years. [14]

14. Subject to the provisions of section 3 every person who

(a)wilfully and falsely takes or uses any nanie, title, or addition
iniplying a qualification to practise medicine or surgery; or

(b)not being registered, practises for gain, professes to practise,
or publishes his name as practising medicine or surgery, or
receives any payment as practising medicine or surgery,

shall upon summary conviction be liable to a fine of two thousand
dollars and to imprisonment for six months. [15]

15. Any notice directed to be served on any person under the
provisions of this Ordinance shall, if such notice shall have been
posted by registered post to his address given in the register, or, if
such person be not registered, then to the address furnished by hirn
to the Medical Board, be deemed to have been served on such person
at the time of posting.

16. A right of appeal from any decision of the Medical Board
under this Ordinance shall he to the Governor in Council. Such appeal
shall he by means of a written petition. Such petition shall be
presented within fourteen days from the date of service of the notice
of the decision of the Medical Board on the person concerned. With
such petition the Governor in Council may Consider any written reply
of the Medical Board to such petition. The decision of the Governor in
Council upon such petition shall

be final. [171





17. The following shall not be required to be registered
under this Ordinance but shall be deemed to be medical
practitioners while so serving, or holding he appointment
specified-

(i) Government medical officers;

(ii) medical officers of His Majesty's Navy, Army or Air
Force serving, in the Colony;

(iii) any person appointed by the University of Hong for
the purpose of teaching in the pathological department of the
faculty of medicine, or in the clinical units of medicine or of
surgery or of obstetrics and gynaecology in such faculty and whose
whole Glue is at the disposal of such University.

18. The Governor in Council may make such regulations
govening the issue of medical certificates of death as he may
deem to he necessary or expedient. [19A]

MEDICAL REGISTRATION.

SCHEDULE.

FORM 1. [s. 4(1).]

MEDICAL REGISTER.

(Medical Registration Ordinance, Chapter 161 of the Revised Edition).

Persons qualified to practise Medicine and Surgery generally and authorized
by the Governor to sign medical certificates of the cause of death for the
purposes of the Births and Deaths Registration Ordinance. (chapter 174 of the
Revised Edition).






FORM 2. [s. 11 (2).]

CERTIFICATE OF QUALIFICATION FOR REGISTRATION
IN THE REGISTER.

HONG KONG

Impressed
Stamp.

$25.

This is to certify that A.B. has
satisfied the Medical Board that he is
duly registered according to law as a
medical practitioner in
and
therein is entitled to practise medicine, surgery and midwifery,
and also that he is entitled to be registered by the General Council
of Medical Education and Registration of the United Kingdom (or
that he holds the degree of
of the University of Hong Kong, or that he holds a degree, diploma
or licence in medicine and surgery of
which is a medical school the degrees, diplomas and licences of which
are recognized as entitling to registration by the General Council of
Medical Education and Registration of the United Kingdom); that
he is of good character; and that he is entitled to be registered in
the register under the Medical Registration Ordinance. (Chapter
161 of the Revised Edition).

Dated the ..day of .........19

By order,

C.D.
Secretary of the Medical Board.
41 of 1935. 1 of 1940. 5 of 1941. 12 of 1949. 22 of 1950. 37 of 1950. Short title. Interpretation. Saving of rights of Chinese persons who practise according to Chinese methods. 12 of 1949, s. 2. [s. 3 cont.] Register of practitioners. Schedule Form 1. 12 of 1949, s. 3. Publication of copy of register and of additions to the register. Making alterations in register. Subject to Stamp Ordinances registered person may practise and recover charges. Unregistered person not to recover charges. Constitution of Medical Board. Persons entitled to be registered in the register. 12 of 1949, s. 5. [s. 10 cont.] 12 of 1949, s. 5. 12 of 1949, s. 5. 5 of 1941, s. 2. 12 of 1949, s. 5. (41 of 1935). Evidence of qualification of person applying to be registered. Schedule From 2. Power of Medical Board to strike off the register, suspend, censure, etc. 5 of 1941, s. 3. 5 of 1941, s. 3. 5 of 1941, s. 3. [s. 12 cont.] Fraudulent registration. 22 of 1950, s. 3. Penalty on person falsely taking name implying qualification. 12 of 1949, s. 6. Service of notices. Appeal. Saving as to certain Government, Naval, Military or Air Force Medical Officers. 37 of 1950, Schedule. Power of Governor in Council to make regulations. 12 of 1949, s. 8. 12 of 1949, s. 7.

41 of 1935. 1 of 1940. 5 of 1941. 12 of 1949. 22 of 1950. 37 of 1950. Short title. Interpretation. Saving of rights of Chinese persons who practise according to Chinese methods. 12 of 1949, s. 2. [s. 3 cont.] Register of practitioners. Schedule Form 1. 12 of 1949, s. 3. Publication of copy of register and of additions to the register. Making alterations in register. Subject to Stamp Ordinances registered person may practise and recover charges. Unregistered person not to recover charges. Constitution of Medical Board. Persons entitled to be registered in the register. 12 of 1949, s. 5. [s. 10 cont.] 12 of 1949, s. 5. 12 of 1949, s. 5. 5 of 1941, s. 2. 12 of 1949, s. 5. (41 of 1935). Evidence of qualification of person applying to be registered. Schedule From 2. Power of Medical Board to strike off the register, suspend, censure, etc. 5 of 1941, s. 3. 5 of 1941, s. 3. 5 of 1941, s. 3. [s. 12 cont.] Fraudulent registration. 22 of 1950, s. 3. Penalty on person falsely taking name implying qualification. 12 of 1949, s. 6. Service of notices. Appeal. Saving as to certain Government, Naval, Military or Air Force Medical Officers. 37 of 1950, Schedule. Power of Governor in Council to make regulations. 12 of 1949, s. 8. 12 of 1949, s. 7.

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