MIDWIVES ORDINANCE

MIDWIVES ORDINANCE

CHAPTER 162.
MIDWIVES.

To secure the better training of midwives and io regulate

their practice.

[2nd September, 1910]

1. This Ordinance may be cited as the Midwives Ordinance.

2. In this Ordinance--

Board means the Midwives Board established under this
Ordinance;

certified rneans certified under this Ordinance;

'midwife' means a wornan who is certified and

enrolled. [14]

3. (1) Ever woman who not being certified and
enrolled under this Ordinance takes or uses any name, title,
Addition or description impiying that she is certified and
enrolled under this Ordinance or is a person specifically
qualilled to carry on the work of a midwife, or is recognized
by law as a midwife, shall upon summary conviction be
liable to a fine of five hundred dollars.

(2) Every woman who habitually and for gain attends women in
child-birth otherwise than under the direction of a medical practitioner
unless she is certified and enrolled shall upon summary conviction be
liable to a fine of five hundred dollars.

(3) No wornan shall be certified and enrolled until she has
complied with the regulations made under this Ordinance.

(4) No certified and enrolled woman shall employ an uncertified
woman as a substitute.

(5) The certificate under this Ordinance shall not confer on any
woman any right or title to be registered

under the Medical Registration Ordinance, or to assume any name title
or designation implying that she is by law recognized as a medical
practitioner, or that she is authorized





to grant any medical certificate or any certificate of death
or still-birht or to undertake the charge of cases of
abnormality or disease in connexion with parturition. [2]

4. (1) There shall be established a Midwives Board,
hereinafter called the Board, which shall consist of the Director
of Medical and Health Services, the Principal
Matron of Governnient Hospitals and eight other persons, two of
whorn shall be certified and enrolled midwives under this
Ordinance, appointed by the Governor. The Director of Medical
and Health Services Shall be the chairman of the Board. Each of
the appointed members shall hold office for such term, or subject
to such conditions, as the Governor may prescribe : Provided that
the Governor may at any time cancel anY appointment.

(2) The duties and powers of the Board shall be as follows

(a)to make regulations, subject to the approval of the
Governor

(i) regulating its own proceedings;

(ii) regulating the issue of certificates aiid the
conditions of admission to the roll of midwives;

(iii) regulating the course of training (including

such training after enrolment, at such intervals and
for such periods as the Board may prescribe) and
the conduct of examinations;

(iv) regulating, supervising and restricting within
due limits the practice of midwives

(v) deciding the conditions under which midwives
may be suspended from practice;

(vi) defining the particulars required to be given in any,
notice under section 8;

(b) to appoint examiners;

(c)to decide upon the places where and the times when
examinations shall be held;

(d) to publish annually a roll of certified midwives;

(e)to decide upon the removal from the roll of the name of
any midwife for disobeying the regulations
or for other misconduct, or of any midwife who,

in the unanimous opinion of the Board is so
inefficient, by reason of her refusal or neglect io
attend and complete to the satisfaction of the





Board a course required by any regulations for training
after enrolment that it would bc inimical to the interest
of patients to allow her to continue to practise and upon
the restoration to the roll of the nanic of any midwife so
removed;

(f) to issue and cancel certificates; and

(g)generally to do any other act or duty which may be
necessary fur the due and proper carrying out of the
provisions of this Ordinance.

(3) Upon any inquiry by the Board in connexion with the
removal of the name of any midwife under paragraph (e) of the
preceding subsection, such middwife shall be entitled to appear
and to be heard by counsel or solicitor.

5. There shall be a roll of midwives containing the names of
all certified midwives practising or authorized to practise in the
Colony. The entry on the roll shall in every case indicate the
conditions in virtue of which the certificate was granted.

6. Any woman thinking herself aggrieved by any
decision of the Board, cancelling her certificate and
removing from the roll of midwives may appeal

to the Covernor in Council within three months after the
notification of such decision to her.

7. The Board shall appoint a secretary and such other
officers is may be required who shall be removable at the
pleaure of the Board. The Director of Medical and Health
Services, or such person as he shall appoint, shall have the
custody of the roll. A copy of the roll purporting to be printed by
the authority of the Board or to be signed by the secretary shall
be evidence in all courts that such women therein specified are
certified and enrolled; and the absence of the name of any
woman from such copy shall be evidence, until the contrary is
made to appear, that such


woman is not certified and enrolled : Provided always that
in the case of any woman whose name does not appear in
such copy a certificate Under the hand of the of
the entry of the name of such woman on the roll shall be
evidence that such woman is certified and enrolled.





8. Every certified wornan, not already enrolled, who desires
to practise or to be authorised to practise in the Colony shall,
before holding herself out as a practising midwife or
commencing to practise as a midwife, give notice in writing to
the secretary applying for admission to the roll and shall pay an
enrolment fee of five dollars.

Every certified and enrolled woman who desires her name.
to be retained oil the roll on its next annual publication shall givp
notice of such desire in writing to the secretary in the month of
January and shall pay a retention fee of one dollar

Every such notice shall contain such particulars as may
be required by the regulations to secure the identification
of the person giving it; and every woman who omits to
give any of the said notices, or knowingly or wilfully makes
or causes or procures any other person to make any false
statement in any such notice, shall upon suniniarv convic-
tion be liable to a fine of two hundred and fifty dollars
Provided that every certified and enrolled woman in the service
of the Hong Kong Governnient shall be entitled to have
her name retained on the roll during the time she remains
so employed, without notification of such desire and
without payment of any

fee, and her name shall be so retained.

9. Every person who wilfully makes or causes to be
made any falsification in any matter relating to the roll
of midwives shall be guilty of a misdemeanor triable
summarilyand shall be liable to imprisonment for one
year. [10]

10. Nothing in this Ordinance shall apply to medical

practitioners [12 ]
Originally 22 of 1910. Fraser 22 of 1910. 17 of 1941. 30 of 1947. 30 of 1947. 9 of 1950. 22 of 1950. Short title. Interpretation. Certification. 2 Edw. 7, c. 17, s. 1. 22 of 1950, Schedule. 22 of 1950, Schedule.[cf. Cap. 161, s. 11.] [s. 3 cont.] Constitution of Midwives Board. 2 Edw. 7, c. 17, s. 3. 17 of 1941, s. 2. 9 of 1950, Schedule. Duties of Midwives Board. 17 of 1941, s. 3. 17 of 1941, s. 3. 17 of 1941, s. 4. Midwives roll. 2 Edw. 7, c. 17, s. 6. Appeal from the decision of the Board. 2 Edw. 7, c. 17, s. 4. Appointment of secretary; and supplemental provisions as to certificate. 2 Edw. 7, c. 15, s. 7. Notification of practice. 2 Edw. 7, c. 15, s. 10. 22 of 1950, Schedule. 30 of 1947, s. 2. Penalty for wilful falsification of the roll. 2 Edw. 7, c. 17, s. 12. 22 of 1950, s. 3. Medical practitioners exempted. 2 Edw, 7, c. 15, s. 16.

Originally 22 of 1910. Fraser 22 of 1910. 17 of 1941. 30 of 1947. 30 of 1947. 9 of 1950. 22 of 1950. Short title. Interpretation. Certification. 2 Edw. 7, c. 17, s. 1. 22 of 1950, Schedule. 22 of 1950, Schedule.[cf. Cap. 161, s. 11.] [s. 3 cont.] Constitution of Midwives Board. 2 Edw. 7, c. 17, s. 3. 17 of 1941, s. 2. 9 of 1950, Schedule. Duties of Midwives Board. 17 of 1941, s. 3. 17 of 1941, s. 3. 17 of 1941, s. 4. Midwives roll. 2 Edw. 7, c. 17, s. 6. Appeal from the decision of the Board. 2 Edw. 7, c. 17, s. 4. Appointment of secretary; and supplemental provisions as to certificate. 2 Edw. 7, c. 15, s. 7. Notification of practice. 2 Edw. 7, c. 15, s. 10. 22 of 1950, Schedule. 30 of 1947, s. 2. Penalty for wilful falsification of the roll. 2 Edw. 7, c. 17, s. 12. 22 of 1950, s. 3. Medical practitioners exempted. 2 Edw, 7, c. 15, s. 16.

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