MEDICAL REGISTRATION ORDINANCE

MEDICAL REGISTRATION ORDINANCE

LAWS OF HONG KONG

MEDICAL REGISTRATION ORDINANCE

CHAPTER 161





CHAPTER 161

MEDICAL REGISTRATION ORDINANCE

ARRANGEMENT OF SECTIONS
Section Page
PART I

CITATION AND INTERPRETATION

1. Short title ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 3
2. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... 3

PART 11

THE MEDICAL COUNCIL OF HONG KONG

3.........................Establishment and composition of Council ... ... ... ... ... ... ... 5

3A...............Chairman of the Council ..... ... ... ... ... ... ... . ... ... ... 6

3B........................Secretary of, and legal adviser to the Council ... ... ... ... ... ... ... 6

3C.............Temporary members .......... ... ... ... ... ... ... ... ... ... ... 6

4................Meetings of the Council .. 1 . ... ... ... ... ... ... ... . 1. ... 7

PART 111

REGISTRATION OF MEDICAL PRACTITIONERS

5..........Registrar ...................... ... ... ... ... ... ... ... ... ... 7

6........Register .................. ... ... ... ... ... ... ... ... ... ... ... 7

7...................Qualifications for registration ... ... ... ... ... ... ... ... 7
9...................Experience necessary for registration ... ... ... ... ... ... ... ... ...
8

8A......................Requirements for becoming a Licentiate ... ... ... ... ... ... ... ... 8
9.......................Certificate of experience . ... ... . 1 . ... ... ... ... ...
9

10....................Other evidence of experience . ... ... ... ... ... ... ... ... ... 9

1 0A............Period of assessment .......... ... ... ... ... ... ... ... ... ... ... 10

11...............................Alternative requirements as to experience in certain cases ... ... .1. ... 10

12................Provisional registration . 1 . ... ... ... ... ... ... ... . 1 ... 11

13.........Degrees, etc . ..................... ... ... ... ... ... ... ... ... ... 11

13A..........Grant of licence ............. ... ... ... ... ... ... ... ... ... ... 12

14.........Registration ....................... ... ... ... ... ... ... ... ... ... 12

15.............................Publication of register and evidence of registration, etc . ... ... ... ... ... 13

16. Privileges of registered medical practitioners ... ... ... ... ... ... ... ... 13

17. Medical certificates 1 . . 1 14

18. Definition ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 14
19. Power of Council to order removal of names from register ... ... ... ... 14











Section...................................... Page

20.................Alterations to the register ... ... ... ... ... ... ... ... ... ... ... 14

20A..................................Medical practitioner not to practise without practising certificate ... ... ... 14

20B................Recovery of practising fees ... ... ... ... ... ... ... ... ... ... ... 15

PART IIIA

LICENTIATE COMMITTEE AND
APPEALS

20C..............Licentiate Committee ......... ... ... ... ... ... ... ... ... ... ... 16
20D..............Delegation of powers ......... ... ... ... ... ... ... ... ... ... ... 17

20E............Sub-committees .............. ... ... ... ... ... ... ... ... ... ... 17

20F.......Appeals ...................... ... ... ... ... ... ... ... ... ... ... 18

20G.......................Review etc. of decision of sub-committee ... ... ... ... ... ... ... ... 18

PART IV

DISCIPLINARY PROCEEDINGS, AND
OFFENCES

21...................Disciplinary powers of Council ... ... ... ... ... ... ... . ... 19

22. Powers of Council in regard to obtaining of evidence and conduct at

proceedings .......................... ... ... ... ... ... ... ... 20

23.....................Penalty for failure to give evidence ... ... ... ... ... ... ... ... ... 21

24...................Appearance of counsel, etc. ... ... ... ... ... ... ... ... ... ... 21

25...............Orders of the Council ..... ... ... 21

26.....................Appeal against orders of the Council ... ... ... ... ... ... ... ... ... 22

27.................Fraudulent registration .... ... ... ... ... ... ... ... ... ... ... 22

28. Unlawful use of title etc. and practice without registration ... ... ... ... ... 22

PART V

EXEMPTIONS AND
REGULATIONS

29. Exemption from registration ............... ... ... ... ... ... 23

30..........................Certain medical examiners may be exempted ... ... ... ... ... 24

31.............Chinese medicine ............... ... ... ... ... ... ... ... ... ... ... 24

32. Treatment of diseases of the eye ... ... ... ... ... ... ... ... ... ... ... 25

33. Power of Governor in Council to make regulations ... ... ... 1 . ... 25

34. Amendment of Schedule ... ... ... ... ... ... ... ... ... ... ... ... 26

Schedule. United Kingdom or Irish Diploma Qualifications ... ... ... ... ... ... ... 27





CHAPTER 161

MEDICAL REGISTRATION

To consolidate and amend the law by making more comprehensive
provisions regulating the registration of practitioners in
medicine and surgery.

[1 June 1957.]

PART 1

CITATION AND INTERPRETATION

1. This Ordinance may be cited as the Medical Registration
Ordinance.

2. In this Ordinance, unless the context otherwise requires

'approved subvented hospital means a hospital recognized by the
Council as an approved subvented hospital for the purposes of
this Ordinance; (Added, 63 of 1982, s. 2)

'Chairman' means the Chairman of the Council; (Added, 30 of
1966,s.2)

'Committee' means the Licentiate Committee of the Medical Council of
Hong Kong established under section 20C; (Added, 70 of 1976, s.
2)

'Council' means the Medical Council of Hong Kong established under
section 3;

'diploma' means any diploma, degree, fellowship, membership, licence,
authority to practise, letters testimonial, certificate or other status
or document granted by any university, corporation, college, or
other body, or by any departments of or persons acting under the
authority of the government of any country or place within or
without Her Majesty's dominions;

'Director' means the Director of Medical and Health Services;

'General Medical Council' means the statutory body of that name
incorporated in the United Kingdom; (Added, 25 of 1984, s. 2)

'Hong Kong diploma' means any degree of medicine and surgery
granted by the University of Hong Kong or the Chinese University
of Hong Kong and any licence in medicine and surgery of the
former Hong Kong College of Medicine; (Added, 63 of 1982, s. 2)





'Licentiate' means any person holding a licence granted under section
13A; (Added, 70 of 1976, s. 2)

'practice' includes the diagnosis of any form of disease whether the
cases so diagnosed be treated medically or surgically or not:
(Replaced, 68 of 1986, s. 2)

'practising certificate' means a certificate issued under section 20A(2);
(Added, 70 of 1975, s. 2)

'prescribed' means prescribed by regulations made under section 33;

'provisional registration' and 'provisionally registered' mean
respectively provisional registration and provisionally registered in
accordance with the provisions of section 12;

'qualifying diploma' means a diploma conferring, subject to compliance
with the provisions of this Ordinance, entitlement to registration
under section 7; (Amended, 63 of 1982, s. 2)

'qualifying examination' means an examination which has to be passed
to qualify for a qualifying diploma;

'recognized Commonwealth diploma' means a diploma-

(a)which is granted within the Commonwealth, other than in the
United Kingdom or in Hong Kong; and

(b)which is for the time being recognized by the General Medical
Council as being a qualification that makes the holder thereof
eligible to be registered in the United Kingdom as a fully
registered medical practitioner; (Added, 25 of 1984, s. 2)

'register' means the register kept in accordance with section 6;

'registered medical practitioner' means a person who is registered, or is
deemed to be so registered under the provisions of section 29;

'Registrar' means the Registrar of Medical Practitioners;

(Amended, 70 of 1975, s. 2)

'registration' and 'registered' mean respectively registration and
registered in accordance with the provisions of section 14;
(Amended, 63 of 1982, s. 2)

'Secretary' means the Secretary of the Council appointed under
section 3B; (Added, 30 of 1966, s. 2)

'United Kingdom or Irish diploma' means any qualification specified in
the second column of the Schedule which is granted by a body
specified in relation to that qualification in the first column of the
Schedule, or any combination of those qualifications, which makes
the holder thereof eligible (or would make the holder thereof
eligible if a national of a member state of the European Economic
Community) to be registered in the United Kingdom as a fully
registered medical practitioner. (Added, 25 of 1984, s. 2. Amended,
79 of 1985, s. 2)

(Amended, 25 of 1984, s. 2)





PART II

THE MEDICAL COUNCIL OF HONG KONG

3. (1) There shall be established within Hong Kong a Council to be
called the Medical Council of Hong Kong. (Amended, 25 of 1984,s. 10)

(2) The Council shall consist of-

(a) the Director;

(b)2 Medical Officers of Her Majesty's Forces to be nominated by
the Commander British Forces, Hong Kong, and appointed by
the Governor;

(c)2 registered medical practitioners in the public service of Hong
Kong to be appointed by the Governor; (Amended, 25 of 1984,
s. 10)

(d)1 registered medical practitioner nominated by the University
of Hong Kong and appointed by the Governor; (Amended, 63
of 1982, s. 3)

(da) 1 registered medical practitioner nominated by the Chinese
University of Hong Kong and appointed by the Governor;
(Added, 63 of 1982, s. 3)

(e)2 registered medical practitioners resident in Hong Kong to be
nominated by the Hong Kong Branch of the British Medical
Association and appointed by the Governor; (Replaced, 95 of
1970, s. 2. Amended, 25 of 1984, s. 10)

(f)3 registered medical practitioners resident in Hong Kong to be
nominated by the Hong Kong Medical Association and
appointed by the Governor. (Added, 95 of 1970, s. 2.
Amended, L.N. 177/70 and 25 of 1984, s. 10)

(Replaced, 14 of 1960, s. 2)

(3) Subject to subsections (4) and (6), a member of the Council
appointed under subsection (2)(c), (d), (da), (e) or (f) shall hold office for
a period of 3 years from the date of his appointment and, at the expiry of
his period of appointment or of any period for which he is reappointed,
shall be eligible for reappointment for further periods of 3 years each.
(Amended, 63 of 1982, s. 3)

(4) Any appointed member of the Council may at any time resign
by giving notice in writing to the Chairman.

(5) Where, before the expiry of the period of his appointment, any
appointed member of the Council resigns or his office becomes vacant,
the Governor may appoint a person who is suitably qualified for
appointment under subsection (2) to hold office in place of that member
until the expiry of the period for which he was appointed.

(6) If any appointed member-

(a) is sentenced to a term of imprisonment for any offence;





(b) is the subject of an order made under section 21;

(c)becomes bankrupt or makes an arrangement with his creditors;

(d)is, in the opinion of the Governor, incapacitated from carrying
out the duties of his office by reason of physical or mental
illness;

(e) is no longer ordinarily resident in Hong Kong; or

is, in the opinion of the Governor, unable or unfit to perform
his duties and exercise his powers as a member of the Council,

the Governor may declare the member's office of membership of the
Council to be vacant.

(7) Notwithstanding anything in this section, a person-

(a)against whom an order under section 21 has at any time been
made; or

(b) who is(i) undergoing a sentence of imprisonment;
(ii) detained in a mental hospital; or (iii) an
undischarged bankrupt,

shall not be eligible for appointment or reappointment as a member of
the Council.

(Amended, 70 of 1975, s. 3)

3A. (1) The Director shall be the Chairman of the Council.

(2) If the Director is absent from any meeting of the Council, the
members of the Council present at the meeting shall elect one of their
members to act in his place.

(Added, 70 of 1975, s. 4)

3B. The Council shall have a secretary and a Legal Adviser who
shall be appointed by the Governor.

(Added, 70 of 1975, s. 4)

3C. (1) If any appointed member of the Council is, because of
illness, absence from Hong Kong or any other reason, unable to perform
his duties and exercise his powers as a member of the Council for any
period, the Governor may appoint another person who is suitably
qualified for appointment under section 3(2) (not being one who is
disqualified from holding office under section 3 or who has been
removed from office under that section) to be a



temporary member of the Council in the place of the member during that
period.

(2) While any person is acting as a temporary member of the
Council, he shall be capable of performing all the duties and of
exercising all the powers of the member whom he is temporarily
replacing.

(Added, 70 of 1975, s. 4)





4. (1) The Council shall meet at such times and such places

as the Director may
appoint.

(2) At any meeting of the Council 5 members shall be a quorum.

(3) The validity of any proceedings of the Council shall not be
affected by any vacancy among the members thereof or by any defect in
the appointment of a member thereof.

(4) All questions coming or arising before a meeting of the Council
shall be decided by a majority of the members of the Council present
and voting thereon.

(5) The Chairman at any meeting of the Council shall have an
original vote and also, if upon any question the votes shall be equally
divided, a casting vote except in an inquiry under section 21 at which he
shall have only an original vote.

(6) The Council may make standing orders for regulating the
procedure at, and in connection with, its meetings.

PART III

REGISTRATION OF MEDICAL PRACTITIONERS

5. For the purposes of this Ordinance, there shall be a Registrar of
Medical Practitioners who shall be the Director.

6. (1) The Registrar shall cause a register to be kept in such form as
shall be prescribed and containing the names, addresses and
qualifications, and such other particulars as may be prescribed

(a)in Part 1 of the register, of all persons who have been
registered;

(b)in Part 11 of the register, of all persons who have been
provisionally registered but not registered;

(c)in Part 111 of the register, of all Licentiates; and (Added, 70 of
1976, s. 3)

(d)in Part IV of the register, of all persons who have passed the
examinations under section 8A(1)(a). (Added, 70 of 1976,s.3)

(2) The Registrar shall be responsible for the maintenance and
custody of the register.

7. (1) Subject to the provisions of this Ordinance, the following
persons shall be entitled to be registered as medical practitioners

(a) any person who holds a Hong Kong diploma;

(b)any person who holds a United Kingdom or Irish diploma or a
recognized Commonwealth diploma; (Replaced, 25 of 1984, s.
3)





(c)any Licentiate. (Added, 70 of 1976, s. 3. Amended, 63 of
1982, s. 4 and 25 of 1984, s. 3)

(2) Where a Hong Kong diploma is not accepted in any place
as entitling the holder to registration in that place as a medical
practitioner, the Registrar may require a person relying on a diploma
issued in such place to produce evidence of registration with the
General Medical Council. (Added, 25 of 1984, s. 3)

8. A person shall not become registered, otherwise than by
way of provisional registration, unless-

(a)in the case of a person claiming registration by virtue of a
Hong Kong diploma, it is certified under section 9 that he
has had the experience specified in that section; or

(b)in the case of a person claiming registration by virtue of a
United Kingdom or Irish diploma or recognized Common-
wealth diploma, the Council is satisfied that he has had
such experience as is specified in section 10: (Amended,
25 of 1984, s. 4)

Provided that if, by virtue of a degree of medicine or surgery
granted by the University of Hong Kong, a person, before 1 July
1953, was entitled to registration or provisional registration but in
lieu of applying for registration or provisional registration such
person left Hong Kong, on application to the Council at any time
thereafter he shall be entitled to be registered if the Council is
satisfied that he has had the experience required by section 10.
(Amended, 63 of 1982, s. 5 and 25 of 1984, s. 10)

8A. (1) No person shall be eligible to become a Licentiate
unless-

(a)he has passed such examinations as may from time to time
be determined by the Council; and

(b)he has completed the period of assessment provided for in
section 10A.

(2) No person shall be eligible to take any examination under
subsection (1)(a) unless-

(a)he makes application in that behalf to the Council and
pays to the Registrar such fee in respect of the examination
as may be prescribed, and

(b) he satisfies the Council-
(i) that at the time of the application he has satisfac-
torily completed not less than 5 years full time medical
training of a type approved by the Council and is the
holder of a medical qualification acceptable to the Council
other than one which would entitle him to be registered
under section 7(1)(a) or (b); and





(ii) that he is of good character. (Replaced, 63 of 1982, s. 6.
Amended, 25 of 1984, s. 5)

(Added, 70 of 1976, s. 5)

9. (1) A certificate for the purposes of section 8(a) shall not be
granted in respect of any person unless after passing a qualifying
examination he has been engaged in employment in a resident medical
capacity in an approved hospital or in an approved institution for such
period as may be prescribed.

(2) A person satisfying the condition specified in subsection (1)
may apply to the University of Hong Kong or to the Chinese University
of Hong Kong for a certificate under this section, and if the University is
satisfied that- (Amended, 63 of 1982, s. 7)

(a)during the time the applicant has been so employed as
aforesaid he has been engaged for such period or minimum
period as may be prescribed in medicine, and for such period or
minimum period as may be prescribed in surgery., and

(b) his service while so employed has been satisfactory,

the University shall grant, in such form as may be prescribed, a
certificate that it is so satisfied.

(3) Time during which an applicant, while employed as mentioned
in subsection (1) has been engaged in midwifery, not exceeding such
period as may be prescribed, shall be counted for the purposes of
subsection (2)(a) either as time spent in medicine or as time spent in
surgery, as the applicant may elect.

(4) Where during any period of such employment as is referred to
in subsection (1) an applicant who has been engaged in medicine has
also been engaged in surgery or in midwifery or both, or an applicant
who has been engaged in surgery has also been engaged in midwifery,
the period shall be apportioned for the purposes of this section in such
manner as may be determined by the body granting the qualifying
diploma by virtue of which the applicant claims registration.

(5) In this section-

(a)'approved', in relation to a hospital or institution, means
approved for the time being by the University of Hong Kong or
the Chinese University of Hong Kong for the purposes of this
section; (Amended, 63 of 1982, s. 7)

(b)reference to employment in a resident medical capacity shall be
construed as reference to employment in the practice of
medicine, surgery or midwifery, where the person in question is
resident in the hospital or institution where he is employed or
conveniently near thereto, and by the terms of his employment
is required to be so resident.

10. The matters as to which the Council must be satisfied for the
purposes of section 8(b) are





(a)that the person claiming registration has been employed as
mentioned in section 9(1) and has satisfied the conditions
specified in subsection (2)(a) and (b) of that section; or

(b)that such person has rendered satisfactory service in an
appointment (whether within or outside Her Majesty's
dominions) such as in the opinion of the Council confers
experience of the practice of medicine and surgery, or medicine,
surgery and midwifery, not less extensive than that required for
a certificate under section 9; or

(c)that such person has otherwise acquired such experience as
aforesaid.

10A. (1) For the purposes of section 8A(1)(b) a person wishing to
be eligible to become a Licentiate shall, after passing the examinations
under section 8A(1)(a), complete, to the satisfaction of the Council,
such period of assessment as the Council may determine, not exceeding
the prescribed period, in an approved hospital or in an approved
institution.

(2) The Council may reduce the period of assessment determined in
the case of any person, or may extend the period so determined and any
such extension of that period may require a period of assessment
exceeding the prescribed period.

(3) Where the Council is of the opinion that a person undergoing a
period of assessment is unlikely to attain the professional standards
required of a Licentiate, the Council may terminate that person's period
of assessment.

(4) In this section 'approved', in relation to a hospital or
institution, means approved by the Council for the purposes of this
section.

(Added, 70 of 1976, s. 6)

11. If a person who claims registration under section 7 and-

(a)claims such registration by virtue of a qualification granted
before 1 July 1953; or

(b)is the holder, in addition to the qualification by virtue of which
he claims registration, of a qualification granted outside the
United Kingdom and the Republic of Ireland which is
recognized by the Council for the purposes of this section as
furnishing a sufficient guarantee of the possession of the
requisite knowledge and skill for the efficient practice of
medicine, surgery and midwifery,

makes application in that behalf to the Council, the Council may direct
that, as an alternative to the requirements as to experience specified in
section 9, it shall be sufficient for him to satisfy the Council that he has
rendered satisfactory service in an appointment or appointments
(whether within or outside Her Majesty's dominions) such as in the
opinion of the Council confer experience of the





practice of medicine and surgery, or medicine, surgery and midwifery,
not less extensive than that required for a certificate under the said
section 9, or that he has otherwise acquired such experience as
aforesaid.

(Added, 40 of 1958, s. 2)

12. (1) Any person who, but for the provisions of section 8, would
be entitled to be registered, shall be entitled to be provisionally
registered, on application to the Registrar and production to the
Registrar of evidence to the satisfaction of the Registrar that he has
been selected for such employment as is mentioned in section 9(1) and
on payment to the Registrar of such fee as is prescribed by regulations
made under section 33.

(IA) Any person who has passed the examinations under section
8A(1)(a) shall be entitled to have his name recorded in Part IV of the
register on application to the Registrar and on payment to the Registrar
of such fee as may be prescribed. (Added, 70 of 1976, s. 7)

(2) Any person who has been provisionally registered in Part 11 of
the register or who has had his name recorded in Part IV of the register
shall be deemed to be registered as far as is necessary(Amended, 70 of
1976, s. 7)

(a) to enable him to be employed as mentioned in section 9(1);

(aa) to enable him to serve a period of assessment under section I
0A; (Added, 70 of 1976, s. 7)

(b)in order that the provisions of section 19 and of Part IV may be
applicable to him;

(c)for the purpose of section 5 of the Jury Ordinance and for the
purpose of such other enactments as may be prescribed; and

(d)for any other purpose which the Governor in Council may by
order direct,

but not further.

13. (1) No degree or qualification shall be entered on the register,
either on the first registration or by way of addition to a registered
name, unless the Registrar is satisfied by such evidence as he may
consider sufficient that the person claiming such degree or qualification
is entitled thereto.

(2) Every person registered under this Ordinance who obtains any
additional degree or other qualification other than the qualification in
respect of which he has been registered, shall be entitled subject to the
provisions of this section to have such additional degree or other
qualification inserted in the register in substitution for or in addition to
the qualification previously registered.

(3) The Council may decide what additional degrees and other
qualifications may be entered on the register:





Provided that any additional degree or other qualification
recognized by the General Medical Council may be entered on the
register. (Amended, 25 of 1984, s. 6)

13A. (1) A person who is eligible to become a Licentiate shall, on
application to the Council, be entitled to a licence granted by the
Council.

(2) A licence shall be in such form as the Council may specify.

(3) The holder of a licence shall be entitled to be known in the
English language as a Licentiate of the Medical Council of Hong Kong
(L.M.C.H.K.) and in the Chinese language as

(4) The Council may, subject to such conditions as it thinks fit,
exempt any person wishing to become a Licentiate from any
requirements imposed under or by virtue of section 8A or 10A:

Provided that a person shall not be exempted from any examination
in respect of medical knowledge unless he satisfies the Council that he
has substantial experience of the practice of medicine and surgery, or
medicine, surgery and midwifery. (Added, 25 of 1984, s. 7)

(Added, 70 of 1976, s. 8)

14. (1) Any person entitled to be registered may apply to the
Registrar for registration.

(2) Applications for registration shall be made in such manner or
form and shall be accompanied by such documents and particulars and
by such fee as may be prescribed:

Provided that no fee shall be payable on the application for
registration of a person in the public service of Hong Kong or in the full
time service of the University of Hong Kong, the Chinese University of
Hong Kong or an approved subvented hospital. (Amended, 63 of 1982,
s. 8 and 25 of 1984, s. 10)

(3) Where a person has complied with the provisions of subsection
(2), he shall, subject to the provisions of this Ordinance, be registered
by the Registrar who shall issue to him a certificate of registration in
such form as shall be prescribed.

(4) The Council may, if satisfied after due inquiry that an applicant
for registration

(a)has been convicted in Hong Kong or elsewhere of any offence
punishable with imprisonment; or (Amended, 25 of 1984, s. 10)

(b) has been guilty of misconduct in a professional respect,

order that the name of the applicant be not entered upon the register.

(Added, 95 of 1970, s. 3.Amended, 33 of 1971, s. 2)





(5) Such of the provisions Of section 21 as are capable of
application to an inquiry held for the purposes of this section shall
apply to such inquiry, and any such provision may be construed with
such modifications not affecting the substance as may be necessary to
render it conveniently applicable. (Added, 95 of 1970, 8.3)

15. (1) As soon as may be after 1 January of every year, the
Registrar shall prepare and publish in the Gazette a list of the names,
addresses, qualifications and dates of the qualifications of all persons
whose names appear on Part 1 or Part 111 of the register on 1 January
immediately preceding the publication of the list in the Gazette.
(Amended, 70 of 1976, s. 9)

(2) As soon as may be after 1 July of* every year, the Registrar
shall prepare and publish in the Gazette a list of the names, addresses,
qualifications and dates of the qualifications of all persons whose names
were added to Part 1 or Part 111 of the register between 1 January and 1
July of such year. (Amended, 70 of 1976, S.9)

(3) The publication of a list referred to in subsection (1) or (2) shall
be prima facie evidence that each person named in such list is
registered.

(4) The absence of the name of any person from the list last
published under subsection (1) and any list subsequently published
under subsection (2) shall be prima facie evidence that such person is
not registered.

(5) A certificate under the hand of the Registrar stating that the
name of a person is or is not at any date or was or was not at any date
registered in Part 1 or 111 of the register or provisionally registered in
Part 11 of the register or recorded in Part IV of the register, as the case
may be, shall be conclusive evidence in all courts of law of the facts
stated in such certificate. (Replaced, 12 of 1962, s. 2. Amended, 70 of
1976, s. 9)

16. (1) Subject to section 20A, every registered medical practitioner
shall be entitled to practise medicine, surgery and midwifery and to
recover in due course of law reasonable charges for professional aid,
advice and visits and the value of any medicine or any medical or
surgical appliances rendered, made or supplied by him to his patients.
(Amended, 70 of 1975, s. 5)

(2) Subject to the provisions of sections 30 and 31, no person shall
be entitled to recover in any Court any such charges as are referred to in
subsection (1) unless at the date when such charges accrued he was a
registered medical practitioner:

Provided that nothing in this subsection shall affect the practice of
midwifery by any person duly licensed in that behalf under the
provisions of any law in force in Hong Kong. (Amended, 25 of 1984,s.
10)





17. No certificate or other document required by any written
law to be signed by a duly qualified medical practitioner given after
the commencement of this Ordinance shall be valid unless signed by
a person who at the date of such signing was a registered medical
practitioner.

18. The words 'legally qualified medical practitioner' or 'duly
qualified medical practitioner' or any words importing a person
recognized by law as a medical practitioner or member of the
medical profession, when used in any written law with reference to
such persons, shall be construed to mean a registered medical
practitioner.

19. (1) The Council may order the removal from the register
of the name of any person who-
(a) is deceased;

(b)is no longer practising medicine, surgery or midwifery in
Hong Kong;

(c)being a person required to be the holder of a practising
certificate, has practised medicine, surgery or midwifery in
Hong Kong for a period exceeding 6 months without
having obtained such a certificate; or
(d)has failed to supply the Registrar with an address in Hong
Kong at which notices from the Council may be served on
him.

(2) Any person who fails to acknowledge within 12 months
after the date of dispatch the receipt of a registered letter or a
telegram addressed to him at the last address in Hong Kong supplied
by him to the Registrar shall be deemed to have failed to supply the
Registrar with an address under subsection (1)(d).
(Replaced, 70 of 1975, s. 6)

20. (1) The Registrar may on payment of the prescribed fee
amend any entry in the register if any alternation in or addition to
the address or qualification of or other relevant information relating
to the person named in such entry shall have come to his knowledge.
(Amended, 63 of 1982, s. 9)

(2) The Registrar shall make such amendments to the register
as are made necessary by any decision of the Council.

20A. (1) Subject to this section, a registered medical practi-
tioner shall not practise medicine, surgery or midwifery in Hong
Kong, or any branch of medicine or surgery in Hong Kong, unless
he is the holder of a practising certificate which is then in force.

(2) Subject to the payment of the prescribed fee for the issue of
a practising certificate, the Registrar, on application made to him for
that purpose by a registered medical practitioner, shall issue to him
a certificate to the effect that he is, subject to any conditions and
restrictions specified in the certificate, entitled to practise medicine,
surgery and midwifery in Hong Kong.





(3) Where a practising certificate is issued pursuant to an
application made during the course of a year in respect of that year, the
certificate shall, subject to subsection (5), be in force from the time of its
issue until the end of that year.

(4) Where a practising certificate is issued pursuant to an
application made during the course of a year in respect of the following
year, the certificate shall, subject to subsection (5), be in force for a
period of 12 months commencing on 1 January in that following year.

(5) If at any time during the currency of a practising certificate
issued under this section, the holder of the certificate ceases to be
registered under this Ordinance, or, as the case may be, ceases to be
exempt from registration under section 29(d), the certificate shall
thereupon be deemed to be cancelled.

(6) Any person who is required under this section to be the holder
of a practising certificate under this section shall be deemed to have
obtained the certificate when he has duly applied to the Registrar and
paid the prescribed fee for the issue of the practising certificate.

(7) This section applies to-

(a) any person registered under section 14; and

(b)any person deemed to be a registered medical practitioner by
virtue of section 29(d),

but does not apply to-

(i) any person provisionally registered under section 12;

(ii) any person deemed to be registered as a medical practitioner
by virtue of section 29(a), (b) or (c);

(iii)any person in respect of whom the Governor has given a
consent under section 30;

(iv) any person to whom section 31 relates; or

(v)any qualified person in so far as he renders medical or surgical
treatment to a person in an emergency.

(8) A person who is required under this section to be the holder of
a practising certificate shall not be entitled to recover any fees, costs or
other remuneration unless he was, at the time when the cause of action
arose, the holder of a valid practising certificate.

(Added, 70 of 1975, s. 7)

20B. (1) If any registered medical practitioner contravenes
subsection (1) of section 20A, the amount of the prescribed fee payable
by him under subsection (2) of that section shall be recoverable as a
civil debt by complaint made in the name of the Registrar to a
magistrate.





(2) A summons issued in relation to the recovery of the prescribed
fee for the issue of a practising certificate under this section may,
notwithstanding section 8(2) of the Magistrates Ordinance, be served
by sending it by post to the medical practitioner concerned at his last
known address; and a certificate purporting to be signed by or on
behalf of the Registrar shall, until the contrary is proved, be evidence of
service of the summons.

(3) If in any proceedings under this section-

(a)the medical practitioner concerned does not appear before a
magistrate at the time and place specified in the summons; and

(b) service of the summons under subsection (2) is proved,

the magistrate shall, if he is satisfied that the practitioner has been given
an adequate period of notice of the proceedings, proceed to deal with
the complaint as if the practitioner had appeared.

(4) In any proceedings under this section a certificate purporting to
be under the hand of the Registrar to the effect that the medical
practitioner concerned had not paid the prescribed fee for the issue of a
practising certificate shall, until the contrary is proved, be evidence of
non-payment of the fee.

(5) If the magistrate makes an order requiring the medical
practitioner to pay the prescribed fee for the issue of a practising
certificate, he shall at the same time make an order requiring the medical
practitioner to pay an additional amount by way of surcharge at the rate
of treble the amount of the said prescribed fee.

(6) For the purposes of section 51 of the Magistrates Ordinance
any fee and surcharge which a medical practitioner is liable to pay under
this section shall be deemed to be a sum of money required to be paid
under an order by a magistrate.

(7) On recovery from a medical practitioner of a prescribed fee
under this section, together with the surcharge ordered to be paid under
subsection (5), the Registrar shall, if-

(a) the medical practitioner's name appears on the register; or

(b)the medical practitioner is exempt from registration under
section 29(d),

issue the medical practitioner with the appropriate practising certificate.

(Added, 70 of 1975, s. 7)

PART IIIA

LICENTIATE COMMITTEE AND APPEALS

20C. (1) There shall be a Committee of the Council to be known as
the Licentiate Committee of the Medical Council of Hong Kong.





(2) The Committee shall consist of-

(a)a Chairman who shall be elected by the Council from among
its members;

(b)1 registered medical practitioner, being a public officer,
appointed by the Director; (Replaced, 63 of 1982, s. 10)

(c)2 registered medical practitioners appointed by the Council
after consultation with the University of Hong Kong;
(Amended, 63 of 1982, s. 10)



(d)1 registered medical practitioner appointed by the Council
after consultation with the Hong Kong Medical Association;

(e)1 registered medical practitioner appointed by the Council
after consultation with the Hong Kong Branch of the British
Medical Association, and

not more than 2 registered medical practitioners appointed by
the Council after consultation with the Director.

(3) Any member of the Committee who is not a public officer shall
hold office for 3 years but shall be eligible for re-appointment.

(4) There shall be a Secretary of the Committee who shall be
appointed by the Director.

(5) The Chairman shall preside at every meeting of the Committee:

Provided that if at any meeting the Chairman is absent there shall
preside such member of the Committee as shall be elected from among
those present of the meeting.

(6) No person against whom the Council has, at any time, made an
order under section 21 shall be eligible for appointment or re-
appointment to the Committee.

(7) At any meeting of the Committee 5 members shall be a quorum.

(8) Subject to this Ordinance the Committee and any subcommittee
thereof may determine its own procedure at meetings.

20D. (1) The Council may delegate any of its powers and functions
imposed under or by virtue of section 8A, 10A or 13A to the Committee.
(Amended, 25 of 1984, s. 8)

(2) The Committee may delegate any powers and functions which
have been delegated to it under subsection (1) to any sub-committee
appointed under section 20E.

20E. (1) Subject to subsection (2), the Committee may appoint sub-
committees to discharge any powers or functions delegated to the
Committee under section 20D(1).





(2) The Committee shall appoint a sub-committee for the purpose of
hearing a review under section 20G and shall appoint a secretary of that
Committee.

(3) A sub-committee appointed under this section may include
persons who are not members of the Committee.

20F. (1) Any person aggrieved by a decision of the Committee or of
any sub-committee made in pursuance of powers conferred on the
Committee or sub-committee by virtue of section 20D(1) or (2) may
appeal against such decision in accordance with this section and
section 20G.

(IA) In the case of a decision of a sub-committee discharging any
power or function under or by virtue of section 13A(4), the person
aggrieved may, within 14 days of being notified of the sub-committee's
decision, appeal against that decision to the Committee. (Added, 25 of
1984, s. 9)

(IB) Upon the hearing of an appeal made under subsection (IA) the
Committee may confirm, vary or revoke the decision of the sub-
committee. (Added, 25 of 1984, s. 9)

(2) In the case of a decision of the Committee, including a decision
under subsection (1B) but not a decision under section 20G(4), the
person aggrieved may, within 14 days of being notified of the
Committee's decision, appeal to the Council against that decision.
(Amended, 25 of 1984, s. 9)

(3) Upon the hearing of the appeal the Council may confirm, vary
or revoke the decision of the Committee.

(4) The decision of the Council under subsection (3) shall be final.

20G. (1) In the case of a decision of a sub-committee, the person
aggrieved may, within 14 days of being notified of the sub-committee's
decision, apply to the review sub-committee for a review of the sub-
committee's decision.

(2) Upon the hearing of a review under subsection (1) the review
sub-committee may confirm, vary or revoke the decision of the sub-
committee.

(3) Any person aggrieved by a decision of the review
subcommittee may, within 14 days of the decision, appeal against that
decision to the Committee.

(4) Upon the hearing of an appeal the Committee may confirm, vary
or revoke the decision of the review sub-committee.

(5) The decision of the Committee under this section shall be final.

(6) In this section 'review sub-committee' means the
subcommittee appointed under section 20E(2).

(Part IIIA added, 70 of 1976, s. 10)





PART IV

DISCIPLINARY PROCEEDINGS, AND OFFENCES

21. (1) If, after due inquiry into any case referred to it by the
Preliminary Investigation Committee in accordance with regulations
made under section 33, the Council is satisfied that any registered
medical practitioner

(a)has been convicted in Hong Kong or elsewhere of any
offence punishable with imprisonment; (Amended, 25 of
1984,s. 10)

(b) has been guilty of misconduct in any professional respect;

(Amended, 33 of 1971, s. 2)

(c) has obtained registration by fraud or misrepresentation; or

(d)was not at the time of his registration entitled to be registered,

the Council may, in its discretion

(i)order the name of the registered medical practitioner to be
erased from the register; or

(ii)order the name of the registered medical practitioner to be
removed from the register for such period as it may think fit; or

(iii)order the registered medical practitioner to be reprimanded; or

(iv) make any such order as aforesaid but suspend the application
thereof, subject to such conditions as the Council may think
fit, for a period, or periods in the aggregate, not exceeding 2
years; or (Replaced, 12 of 1962, s. 3)

(v)order that a warning letter be served on the registered medical
practitioner, (Added, 39 of 1974,s. 2)

and may, in any case, make such order as the Council thinks fit with
regard to the payment of the costs of the Registrar, the Secretary, any
complainant or any person presenting the case to the Council or of the
registered medical practitioner, and any costs awarded may be recovered
summarily as a civil debt in accordance with the provisions of section 67
of the Magistrates Ordinance. (Amended,30 of 1966, s. 4 and 95 of
1970, s. 4)

(2) For the purpose of subsection (1)-

'due inquiry' means an inquiry by the Council conducted substantially
in accordance with procedure prescribed by regulations made
under section 33.

(3) Nothing in this section shall be deemed to require the Council
to inquire into the question whether the registered medical practitioner
was properly convicted but the Council may consider





any record of the case in which such conviction was recorded and any
other evidence which may be available and is relevant as showing the
nature and gravity of the offence.

(4) In any inquiry under this section whether a person has been
guilty of misconduct in any professional respect, any finding of fact
which is shown to have been made in any matrimonial proceedings in a
court of the Commonwealth having unlimited jurisdiction in civil matters,
or on appeal from a decision in such proceedings, shall be conclusive
evidence of the fact found. (Amended, 33 of 1971,s.2)

(5) Within 1 month after the expiry of the time within which an
appeal against an order under subsection (1) may be made under
section 26 or, if such an appeal has been made, within 1 month after a
decision affirming or varying such order, the Council

(a)shall, in the case of an order made under subsection (1)(i), (ii),
(iii) or (iv), publish the order or the order as varied on appeal in
the Gazette; and

(b)may, in the case of an order made under subsection (1)(v),
publish the order in the Gazette. (Replaced, 39 of 1974, s.2)

(6) Where any order is published in the Gazette under subsection
(5), the Council

(a)shall publish with such order sufficient particulars to acquaint
the public with the nature of the matter to which the order
relates; and

(b)may publish with such order an account of the proceedings at
the inquiry at which the order was made. (Added, 39 of 1974,
s. 2)

22. (1) For the purposes of an inquiry under section 21 the Council
shall have the following powers

(a) to hear, receive and examine evidence on oath;

(b)to summon any person to attend the inquiry to give evidence
or produce any document or other thing in his possession and
to examine him as a witness or require him to produce any
document or other thing in his possession, subject to all just
exceptions;

(c)to admit or exclude the public or any member of the public
from the inquiry;

(d) to admit or exclude the press from the inquiry;

(e)to award any person summoned to attend the inquiry such
sum or sums as in the opinion of the Council may have been
reasonably expended by him by reason of his attendance.





(2) Summonses to witnesses may be in such form as may be
prescribed and shall be signed by the Chairman.

23. Any person who being summoned to attend as a witness or to
produce a book, document or any other thing at an inquiry under
section 21 refuses or neglects to do so or to answer any question put to
him by or with the concurrence of the Council commits an offence and
is liable on summary conviction to a fine of $1,000 and to imprisonment
for 6 months: (Amended, 68 of 1986, s. 3)

Provided that no person shall be bound to incriminate himself and
every witness shall, in respect of any evidence given by him before the
Council, be entitled to the privileges to which he would be entitled if
giving evidence before a court of justice.

24. The complainant in any inquiry under section 21 and the
person whose conduct is the subject of such inquiry shall be entitled to
be represented by counsel or by a solicitor throughout the inquiry.

25. (1) A copy of any order made under section 21 (1)(i), (ii), (iii) or
(iv) shall be served forthwith by the Registrar upon the registered
medical practitioner concerned, either personally or by registered post
addressed to his registered address. (Amended, 39 of 1974, s. 3)

(1A) Where the Council makes an order under section 21(1)(v), the
Registrar shall forthwith serve the warning letter upon the registered
medical practitioner concerned either personally or by registered post
addressed to his registered address. (Added, 39 of 1974,s.3)

(2) The Registrar shall not erase or remove the name of the
registered medical practitioner from the register before the expiry of 1
month after the date of service of the order of the Council on the person
concerned and in the case of an appeal shall await the decision of the
Court of Appeal. (Amended, 92 of 1975, s. 59)

(3) Any person whose name has been removed or erased from the
register under the provisions of this Ordinance, or whose name had
been, prior to the commencement of this Ordinance, removed or erased
under the provisions of the Medical Registration Ordinance 1935 from
the register kept in accordance with the provisions of that Ordinance,
may apply to the Council for the restoration of his name to the register
and the Council in its absolute discretion and after such inquiry and
subject to such conditions, as it may consider desirable, may either
allow or refuse the application, and if it allows the same, shall order the
Registrar on payment by the applicant of the prescribed fee to restore
the name of the applicant to the register, and thereupon the Registrar
shall restore the name accordingly. (Replaced, 32 of 1958, s. 2. Amended, 63
of 1982, s. 11)

(4) Any order made by the Council as aforesaid shall all be signed
by the Chairman.





26. (1) Any registered medical practitioner who is aggrieved by any
order made in respect of him under section 19 or under section 21 may
appeal to the Court of Appeal, and the Court of Appeal may thereupon
affirm, reverse or vary the order appealed against.

(2) The decision of the Court of Appeal upon such appeal shall be
final.

(3) The practice in relation to any such appeal shall be subject to
any rules of court made under the Supreme Court Ordinance:

Provided that the Court of Appeal shall not have power to hear any
appeal against an order made under section 21 unless notice of such
appeal was given within 1 month of the service of the order in
accordance with section 25(1).

(4) In deciding any appeal under this section the Court of Appeal
may make such order for the payment of costs as it considers
reasonable. (Added, 95 of 1970, s. 5)

(Amended, 92 of 1975, s. 59)

27. 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 declarations, either oral or in writing, commits an offence and is liable
on conviction upon indictment to imprisonment for 3 years.

(Amended, 68 of 1986, s. 4)

28. (1) Any person who wilfully and falsely pretends to be
qualified, or takes or uses any name or title implying that he is qualified,
to practise medicine or surgery or to be registered or, not being
registered or provisionally registered or exempted from registration,
professes to practise or publishes his name as practising medicine or
surgery commits an offence and is liable on summary conviction to a
fine of $10,000 and to imprisonment for 6 months. (Effective from 1 July
1964, L.N. 85164. Amended, 68 of 1986, s. 5)

(2) Subject to subsection (3), any person who not being registered
or provisionally registered or exempted from registration

(a)practises medicine or surgery commits an offence and is liable

(i) on summary conviction to a fine of $50,000 and to
imprisonment for 2 years; or

(ii) on conviction upon indictment to imprisonment for 3
years; or

(b)does any medical diagnosis, prescribes any medical treatment
or performs any medical treatment (including surgery) in
relation to a person which results in personal injury to that
person commits an offence and is liable





(i) on summary conviction to a fine of $100,000 and to
imprisonment for 3 years; or
(ii) on conviction upon indictment to imprisonment for
7 years. (Added, 68 of 1986, s. 5)

(3) Subsection (2) shall not apply to any treatment-

(a)by way of dentistry performed by a dentist registered,
deemed to be registered or exempt from registration under
the Dentists Registration Ordinance;

(b)by way of the dispensation of medicine or poison by a
pharmacist registered under the Pharmacy and Poisons
Ordinance;

(c)by way of the dispensation of poison by a seller of poisons
listed under the Pharmacy and Poisons Ordinance;

(d)in the course of the practice of one of the professions listed
in the Schedule to the Supplementary Medical Professions
Ordinance given by a person registered or licensed under
that Ordinance to practise that profession;

(e)by way of massage given in a massage establishment by or
under the supervision of a person licensed to operate that
massage establishment under the Massage Establishments
Ordinance;

by way of chiropody, chiropractic or osteopathy; and

(g) by way of first aid. (Added, 68 of 1986, s. 5)

(4) For the purposes of this section a person who fraudulently
procures himself 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, shall be deemed not to have
been so registered. (Added, 68 of 1986, s. 5)

(5) In subsection (3) 'treatment' includes such diagnosis and
prescription as is necessary for the purpose of giving treatment.
(Added, 68 of 1986, s. 5)

PART V





time to time by the Council for that purpose and not having
any of the qualifications mentioned in section 7 for so long as
he continues to engage himself exclusively in teaching and in
research and the clinical practice of medicine directly
connected with and necessary for the performance of his
teaching duties; (Amended, 25 of 1984,s. 10)

(d)any person, other than a person serving a prescribed period of
employment under section 9(1), who is in the full time service
of- (Replaced, 70 of 1975, s. 8)

(i) the Government as a Government medical officer; or
(Replaced, 70 of 1975, s. 8)

(ii) the University of Hong Kong or the Chinese University
of Hong Kong as a medical practitioner for the purpose of
teaching or performing hospital work in the Faculty of
Medicine. (Replaced, 63 of 1982, s. 12)

30. (1) Notwithstanding that he may not be entitled to be registered,
a national of a foreign or Commonwealth country who is registered as a
medical practitioner in that country and who is employed by the
government of that country, may, with the consent of the Governor,
conduct medical examinations of applicants for admission into that
country with a view to ascertaining their fitness for admission.
(Amended, 12 of 1962, s. 4)

(2) Such consent may be given subject to such conditions as the
Governor may think fit to impose and may be revoked at any time in the
absolute discretion of the Governor.

(Amended, 12 of 1962, s. 4)

31. (1) Subject to the provisions of section 32 nothing in this
Ordinance shall be deemed to affect the right of any person of Chinese
race, not being a person taking or using any 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, to
practise medicine or surgery according to purely Chinese methods and
to demand and recover reasonable charges in respect of such practice.
(Amended, 19 of 1958, s. 2)

(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 PN or PWIt or or or EN or of any
words or characters implying specialization when preceded by
the afore-mentioned 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 qualified 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
implying specialization if preceded by words or 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 and that he is registered.

32. (1) Notwithstanding the provisions of section 3 1, no person
unless he is a registered medical practitioner or is provisionally
registered shall hold himself out as being qualified, competent or willing
to undertake the treatment of diseases of the human eye or the
prescription of remedies therefor, or the giving of advice in connexion
with the treatment thereof..

Provided that nothing in this section shall be taken to prohibit a
person who is not a registered medical practitioner from holding himself
out as being qualified, competent or willing to test refraction, visual
acuity and colour vision, or to make or provide spectacles or other
optical appliances for the remedy of defects of vision.

(2) Any person who contravenes the provisions of subsection (1)
commits an offence and is liable on summary conviction to a fine of
$10,000 and to imprisonment for 6 months. (Amended, 68 of 1986,s.6)

(Added, 19 of 1958, s. 3)

33. (1) The Governor in Council may by regulation provide for

(a) the duties of the Registrar;

(b) the duties of the Legal Adviser to the Council;

(c)the form of the register, the mode in which it shall be kept and
the contents thereof;

(d)any certificate, form or other document required for the
purposes of this Ordinance, including the payment of a fee for
the issue of any such certificate, form or other document;
(Amended, 63 of 1982, s. 13)

(e)any fee required to be paid under this Ordinance and, in the
case of fees for practising certificates issued under this
Ordinance, the imposition of a surcharge for late payment of
any such fee; (Replaced, 70 of 1975, s. 9)

(ea) the disposal of any fee or surcharge paid or recovered under
this Ordinance; (Added, 70 of 1975, s. 9)

(f)the minimum periods of employment mentioned in section 9;





(fa) the procedure to be followed in relation to

(i) appeals to the Council under section 20F(2);

(ii) reviews and appeals under section 20G; (Added, 70 of 19
76, s. 11)

the period of assessment for the purposes of section 10A;

(Added, 70 of 1976, s. 11)

(g)the receipt of complaints or information touching any matter
that may be inquired into by the Council under section 21 and
the establishment of a committee to be known as the
Preliminary Investigation Committee to make a preliminary
investigation into any such complaint or information and to
determine whether or not there shall be an inquiry under
section 2 1;

(h)the prohibition of a member of the Preliminary Investigation
Committee who is also a member of the Council from attending
any meeting of the Council whilst it is inquiring under section
21 into a complaint or information, in the preliminary
investigation of which he took part;

(i)the prohibition of the appointment to the Preliminary
Investigation Committee of any person in respect of whom the
Council has, at any time, made an order in accordance with
section 21; (Added, 95 of 1970, s. 7)

(j) the procedure to be followed in relation to-

(i) the submission of complaints and information to the
Preliminary Investigation Committee;

(ii) the preliminary investigation of any complaint or
information by the Preliminary Investigation Committee;

(iii) the formulation of charges arising out of complaints and
information;

(iv) the reference to the Council by the Preliminary
Investigation Committee of cases arising out of complaints
and information;

(y) inquiries held by the Council under the provisions of
section 21;

(k) the issue of medical certificates of death;

(1) the duties to be performed by the Secretary.

(Amended, 30 of 1966, s. 5)

(2) Any regulations made under subsection (1)(e) may provide for
different fees to be paid by different categories of medical practitioners.
(Added, 70 of 1975, s. 9)

34. The Governor in Council may by order published in the Gazette
amend the Schedule.

(Added, 25 of 1984, s. 11)





SCHEDULE [ss. 2 & 34.]

UNITED KINGDOM OR IRISH DIPLOMA
QUALIFICATIONS

Body granting qualification Qualification

Any university in England, Wales, Degree of bachelor of medicine licence
Scotland, Northern Ireland or the or licentiate in medicine, degree of
Republic of Ireland. bachelor of surgery.

Royal College of Physicians of London. Licentiate.

Royal College of Surgeons of England.Membership.
Society of Apothecaries of London.Licentiate in medicine and surgery.
Royal College of Physicians ofLicentiate.
Edinburgh.
Royal College of Surgeons ofLicentiate.
Edinburgh.

Royal College (formerly Royal Faculty) Licentiate.

of Physicians and Surgeons of
Glasgow.
Royal College of Physicians of Ireland.Licentiate and Licentiate in Midwifery.
Royal College of Surgeons in Ireland.Licentiate and Licentiate in Midwifery.
Apothecaries' Hall, Dublin. Licentiate.

(Schedule added, 25 of 1984, s.
11)
Originally 25 of 1957. 19 of 1958. 32 of 1958. 40 of 1958. 14 of 1960. 36 of 1960. 12 of 1962. 30 of 1966. 95 of 1970. L.N. 177/70. 33 of 1971. 39 of 1974. 70 of 1975. 92 of 1975. 70 of 1976. 63 of 1982. 25 of 1984. 79 of 1985. 68 of 1986. Short title. Interpretation. Schedule. Establishment and composition of Council. Chairman of the Council. Secretary of, and legal adviser to the Council. Temporary members. Meetings of the Council. Registrar. Register. Qualifications for registration. Experience necessary for registration. Requirements for becoming a Licentiate. Certificate of experience. Other evidence of experience. Period of assessment. Alternative requirements as to experience in certain cases. Provisional registration. (Cap. 3.) Degrees, etc. Grant of licence. Registration. Publication of register and evidence of registration, etc. Privileges of registered medical practitioners. Medical certificates. Definition. Power of Council to order removal of names from register. Alterations to the register. Medical practitioner not to practise without practising certificate. Recovery of practising fees. (Cap. 227.) (Cap. 227.) Licentiate Committee. Delegation of powers. Sub-committees. Appeals. Review etc. of decision of sub-committee. Disciplinary powers of Council. (Cap. 227.) [cf. 1956 c. 76, s. 33(2).] Powers of Council in regard to obtaining of evidence and conduct at proceedings. Penalty for failure to give evidence. Appearance of counsel, etc. Orders of the Council. (41 of 1935.) Appeal against orders of the Council. (Cap. 4.) Fraudulent registration. Unlawful use of title etc. and practice without registration. (Cap. 156.) (Cap. 138.) (Cap. 359.) (Cap. 266.) Exemption from registration. Certain medical examiners may be exempted. Chinese medicine. Treatment of diseases of the eye. Power of Governor in Council to make regulations. Amendment of Schedule.

Originally 25 of 1957. 19 of 1958. 32 of 1958. 40 of 1958. 14 of 1960. 36 of 1960. 12 of 1962. 30 of 1966. 95 of 1970. L.N. 177/70. 33 of 1971. 39 of 1974. 70 of 1975. 92 of 1975. 70 of 1976. 63 of 1982. 25 of 1984. 79 of 1985. 68 of 1986. Short title. Interpretation. Schedule. Establishment and composition of Council. Chairman of the Council. Secretary of, and legal adviser to the Council. Temporary members. Meetings of the Council. Registrar. Register. Qualifications for registration. Experience necessary for registration. Requirements for becoming a Licentiate. Certificate of experience. Other evidence of experience. Period of assessment. Alternative requirements as to experience in certain cases. Provisional registration. (Cap. 3.) Degrees, etc. Grant of licence. Registration. Publication of register and evidence of registration, etc. Privileges of registered medical practitioners. Medical certificates. Definition. Power of Council to order removal of names from register. Alterations to the register. Medical practitioner not to practise without practising certificate. Recovery of practising fees. (Cap. 227.) (Cap. 227.) Licentiate Committee. Delegation of powers. Sub-committees. Appeals. Review etc. of decision of sub-committee. Disciplinary powers of Council. (Cap. 227.) [cf. 1956 c. 76, s. 33(2).] Powers of Council in regard to obtaining of evidence and conduct at proceedings. Penalty for failure to give evidence. Appearance of counsel, etc. Orders of the Council. (41 of 1935.) Appeal against orders of the Council. (Cap. 4.) Fraudulent registration. Unlawful use of title etc. and practice without registration. (Cap. 156.) (Cap. 138.) (Cap. 359.) (Cap. 266.) Exemption from registration. Certain medical examiners may be exempted. Chinese medicine. Treatment of diseases of the eye. Power of Governor in Council to make regulations. Amendment of Schedule.

https://oelawhk.lib.hku.hk/items/show/2734

1964

v12

161

28