NURSES REGISTRATION ORDINANCE

NURSES REGISTRATION ORDINANCE

LAWS OF HONG KONG

NURSES REGISTRATION ORDINANCE

CHAPTER 164





CHAPTER 164

NURSES REGISTRATION ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

PART I
CITATION AND INTERPRETATION
1. Short title ...........................3
2. Interpretation ........................3

PART II

THE NURSING BOARD

3. Establishment and composition of the Board 4

4. Meetings of the Board ................................................................................ 5

PART III

REGISTRATION OF
NURSES

5. Register of nurses .................. 5

6. Information with respect to nurses ....6
7. Correction of the register ............6
8. Qualification for registration ........7
9. Registration ..........................7
10. Certificate of registration ..........8

PART IV

ENROLLED NURSES

11. Roll of enrolled nurses ..............8
12. Information with respect to enrolled nurses 9
13. Correction of the roll ...............9
14. Qualification for enrolment ..........9
15. Enrolment ............................10
16. Certificate of enrolment .............11

PART V

DISCIPLINARY PROCEEDINGS AND
OFFENCES

17. Disciplinary powers of the Board .....11
18. Powers of the Board with regard to obtaining evidence and the conduct of
proceedings ..............................12
19. Penalty for failure to give evidence .13
20. Representation of parties at disciplinary inquiries 13
21. Provisions relating to orders of the Board 13
22. Appeals ..............................14





Section Page
PART VI

MISCELLANEOUS OFFENCES AND PROHIBITIONS

23. Falsification of register or roll ...15
24. Penalties for assumption of title of registered nurses or enrolled nurses is

25. Power of Board to prohibit registered nurses or enrolled nurses suffering from

certain diseases from attending sick persons 16

PART VII

EXEMPTIONS AND REGULATIONS

26.......................................Exemptions from registration 16
27.......................................Regulations 17





CHAPTER 164

NURSES REGISTRATION

To amend the law relating to nurses by incorporating more adequate provisions for
their registration or enrolment, as the ease may be, and the better control of
nursing. (Amended, 38of 1970,s. 2and45of1972,s. 2)

[7 July 1961]

Originally 27 of 1961 - 38 of 1970, R. Ed. 1970, 45 of 1972, 28 of 1974, 92 of 1975, 5 of 1988,
67 of 1985

PART I

CITATION AND INTERPRETATION

Short title
1. This Ordinance may be cited as the Nurses Registration Ordinance.

Interpretation
2. In this Ordinance, unless the context otherwise requires-

'Board' means the Nursing Board of Hong Kong established in accordance with
section 3;

'chairman' means the chairman of the Board and includes any person elected to act
as chairman under section 3(5C); (Amended, 5 of 1988, s. 2)

'Director' means the Nursing Director of the Medical and Health Department;
(Amended, 5 of 1988, s. 2)
enrolled nurse' means a nurse whose name appears in any part of the
roll; (Added, 38 of 1970, s. 3. Amended, 45 of 1972, s. 3)

'legal adviser' means the legal adviser to the Board; member' means a member of
the Board; nurse' means a male or female nurse for the sick, and 'nursing' shall be
construed accordingly; prescribed' means prescribed by regulations made
pursuant to section 27; register' means the register of nurses maintained in
accordance with section 5; registered nurse' means a nurse whose name appears in
any part of the register;

'roll' means the roll of enrolled nurses maintained in accordance with section 11;
(Added, 38 of 1970, s. 3. Amended, 45 of 1972, s. 3) secretary' means the secretary
to the Board.





PART II

THE NURSING BOARD

Establishment and composition of the Board

3. (1) For the purposes of this Ordinance, there shall be established a Board to
be known as the Nursing Board of Hong Kong.

(2) The Board shall consist of-

(a) the Director;

(b)one registered nurse in the public service of Hong Kong who shall be
nominated by the Director of Medical and Health Services and appointed
by the Governor; (Replaced, 5 of 1988, s. 3)

(c)10 members, who shall be nurses registered in accordance with the
provisions of this Ordinance or State registered nurses of the United
Kingdom and who shall be appointed by the Governor;

(d)one member who shall be nominated by the University of Hong Kong and
shall be appointed by the Governor;

(da) one member who shall be nominated by The Chinese University of Hong
Kong and appointed by the Governor; (Added, 5 of 1988, s. 3)

(e)one member who shall be a registered nurse specially qualified in the
nursing and care of persons suffering from mental diseases or in the
nursing and care of the mentally subnormal and who shall be appointed by
the Governor; (Replaced, 28 of 1974, s. 3)

(f)one lay member who shall be appointed by the Governor. (Added, 5 of
1988, s. 3)

(3) Any member appointed by the Governor shall hold office for a period of 3
years, or such lesser period as the Governor may appoint, and shall be eligible for re-
appointment from time to time.

(4) If any member appointed by the Governor is temporarily absent from Hong
Kong or is for any other reason unable to attend to the business of the Board, the
Governor may appoint an additional member during the absence or disability of that
member. (Amended, 67 of 1985, s. 16)

(5) The chairman of the Board shall-

(a) be elected by the members from amongst themselves;

(b)subject to subsection (5D) hold office for 3 years or until he ceases to
hold office as a member, whichever is the earlier; and

(c) be eligible for re-election. (Replaced, 5 of 1988, s. 3)

(SA) If the office of chairman becomes vacant due to effluxion of time, or as a
result of resignation or otherwise, the secretary shall convene a meeting of the
Board within 3 months of the occurrence of such vacancy for the purpose of
electing a chairman. (Added, 5 of 1988, s. 3)

(513) The secretary shall preside at a meeting held under subsection (5A) until
the chairman is elected and assumes office, but he shall not have an original or a
casting vote. (Added, 5 of 1988, s. 3)





(5C) If the chairman is unable to perform the functions of his office for any
period due to absence from Hong Kong or any other reason, the members of the
Board shall at a meeting of the Board elect one of themselves to act in his place for
the duration of that period and notwithstanding any provision in this Ordinance, the
secretary may, where necessary, convene a meeting for the purpose of such
election. (Added, 5 of 1988, s. 3)

(5D) The chairman may at any time resign his office by giving notice in writing
to the secretary. (Added, 5 of 1988, s. 3)

(6) There shall be a secretary to the Board and the following advisers to the
Board

(a) a legal adviser; and

(b)an education adviser who shall be nominated by the Director of
Education,

(c) [Repealed, 5 of 1988, s. 31

who shall be appointed by the Governor. (Replaced, 28 of 1974, s. 3)

Meetings of the Board

4. (1) The Board shall meet at such times and in such places-

(a) as the chairman may from time to time direct; or

(b)as may be requested in writing addressed to the chairman by not less than
5 members.

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

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

(4) All questions for determination at any meeting of the Board shall be decided
by a majority vote of the members present at such meeting and voting thereon:

Provided that nothing in this subsection shall be construed to prevent any
question for determination by the Board being so determined by a majority opinion
of the members upon circulation to them of papers relating thereto.

(5) The chairman at any meeting of the Board shall have an original vote and
also, if upon any question the votes are equally divided, a casting vote except in the
case of an inquiry held under section 17 in which case he shall have only an original
vote.

(6) The Board may make standing orders for regulating procedure at, or in
connection with, its meetings.

PART III

REGISTRATION OF
NURSES

Register of nurses

5. (1) The Board shall cause a register to be kept which shall contain such
particulars as may from time to time be prescribed.





(2) The register shall be divided into such number of parts as may be
prescribed.

(3) Where a person satisfies the conditions of admission to more than one part
of the register, his name may be included in each such part.

(4) A certificate purporting to be under the seal of the Board and signed by the
chairman or secretary of the Board stating that a person is or was at any date or is
not or was not at any date duly registered shall be evidence in all courts of law of
the fact stated in such certificate until the contrary is proved.

(5) The register of nurses kept in accordance with the provisions of the Nurses
Registration Ordinance 1931*, shall be deemed to be the register required to be
maintained, and to have been maintained, in accordance with the provisions of this
Ordinance; and every nurse whose name appears therein at the commencement of
this Ordinance shall be deemed to have been registered as a nurse in accordance
with the provisions of this Ordinance.

Information with respect to nurses

6. (1) The register or a copy thereof shall be kept at the offices of the Board and
shall be open to inspection by any person free of charge during usual business
hours upon application being made in writing addressed to the secretary. (Amended,
5 of 1988, s. 4)

(2) The Board shall cause to be published in the Gazette in relation to
successive periods, in such manner as the Board may think fit and at intervals of not
more than 12 months, lists of all persons whose names have been entered in,
removed from or restored to the register during these periods.

Correction of the register

7. (1) The secretary may from time to time amend the register as to the address
or other relevant particulars relating to any nurse whose name appears therein upon
his being satisfied that such amendment is necessary for the purpose of preserving
the accuracy of the register.

(2) Subject to the provisions of section 21, the secretary shall add to or delete
from the register the name of any nurse whose name the Board directs shall be
added thereto or deleted therefrom, as the case may be.

(3) Without prejudice to anything contained in Part V, the Board may direct
that the name of any nurse be removed from the register who

(a)requests in writing addressed to the secretary that his name be so
removed;

(b) dies;

(c)has left Hong Kong without giving to the secretary notice of intention to
return;

(d)has not kept the secretary supplied with an address in Hong Kong at
which notices from the Board may be served upon him:

Provided that-

(i) this paragraph shall not apply to any registered nurse in the service
of the Government; and

See Cap. 164, 1950 Ed.





(ii) any nurse who fails to acknowledge within 12 months after the date
of dispatch the receipt of a registered letter or telegram addressed to him
at his last address as recorded in the register shall be deemed not to have
kept the secretary supplied with an address under this

paragraph.(Amended, 67 of 1985, s. 16)

Qualification for registration

8. (1) Subject to the provisions of this Ordinance, no person shall be qualified
to be registered under this Ordinance unless he has satisfied the Board that

(a) he has attained the minimum age of 21 years;

(b) he is of good character,

and in addition thereto-

(e)he has completed such training as may be prescribed and has passed such
examinations as may be required by the Board; or

(d)his name is registered in any par of the register maintained by the General
Nursing Council for England and Wales; or

(e)his name is registered in any part of the register maintained by the General
Nursing Council for Scotland; or

his name is registered in the register maintained by the Joint Nursing and
Midwives Council for Northern Ireland; or

(g)he possesses a valid certificate to practise nursing issued by such
certifying body, other than the above, as may be recognized by the Board
from time to time as constituting sufficient evidence of his competency to
practise nursing.

(Amended, 38 of 1970, s. 5)

(2) Notwithstanding anything contained in subsection (1), the Board may
require any applicant for registration in any part of the register to prove his
competency in nursing by examination conducted by examiners appointed by the
Board and, if required, to undergo such further training as the Board may specify.

Registration

9. (1) Any person who considers himself qualified to be registered in any part
of the register may apply in the manner prescribed to the secretary for registration.

(2) The name of a person qualified to be registered in accordance with section 8
who has complied with subsection (1) and with any regulations relating thereto
shall, subject to payment of any prescribed fee and to subsection (3), be entered
upon the register by the Board. (Replaced, 67 of 1985, s. 16)

(3) If, after due inquiry into any case referred to it by the Preliminary
Investigation Committee in accordance with regulations made under section 27, the
Board is satisfied that a person applying under subsection (1) has in Hong Kong or
elsewhere





(a) been convicted of an offence punishable with imprisonment; or

(b) been guilty of unprofessional conduct,

the Board may, in its discretion, refuse to enter the name of that person upon the
register. (Added, 67 of 1985, s. 16)

(4) Such provisions of Part V as are capable of application to an inquiry held for
the purposes of this section shall apply to any such inquiry, and any such
provision may be construed with such modifications not affecting the substance as
may be necessary to render it applicable.

Certificate of registration

10. (1) When the name of any person is registered under section 9 the secretary
shall issue to him a certificate in the form prescribed.

(2) If any certificate issued under subsection (1) is lost or destroyed, or if for
any other reason the person to whom such certificate was issued requires a

copy thereof, the secretary, upon being satisfied as to the loss or destruction of the
original and as to the propriety of the reason for which the copy is required, shall,
upon payment of the fee prescribed, if any, issue to such person a certified copy of
the original certificate.

(3) Any certificate issued under the provisions of the Nurses Registration
Ordinance 1931*, shall be deemed to have been validly issued under the provisions
of this Ordinance.

(4) If the name of any registered nurse is removed from the register by order of
the Board made under section 17, such nurse shall forthwith return to the secretary
the certificate of registration and any certified copy thereof issued to him in
accordance with the provisions of this section or, if such certificate or such copy
has been lost or destroyed, he shall deliver to the secretary a statement in writing
signed by him to that effect.

(5) If any person fails to comply with any of the provisions of subsection (4) he
shall be guilty of an offence and shall be liable on summary conviction to a fine of
$250.

PART IV

ENROLLED NURSES

(Amended, 45 of 1972, s. 3)

Roll of enrolled nurses

11. (1) The Board shall cause to be kept a roll of enrolled nurses which shall
contain such particulars as may from time to time be prescribed. (Amended, 45 of
1972, s. 3)

(2) The roll shall be divided into such number of parts as may be prescribed.

(3) Where a person satisfies the conditions of admission to more than one part
of the roll, his name may be included in each such part.

(4) A certificate purporting to be under the seal of the Board and signed by the
chairman or secretary stating that a person is or was at any date or is not

* See Cap. 164, 1950 Ed.





or was not at any date an enrolled nurse shall be evidence in all courts of law of
the fact stated in such certificate until the contrary is proved. (Amended,
45 of 1972, s. 3)

Information with respect to enrolled nurses
12. (1) The roll or a copy thereof shall be kept at the offices of the Board
and shall be open to inspection by any person free of charge during usual
business hours upon application being made in writing addressed to the
secretary. (Amended, 5 of 1988, s. 5)
(2) The Board shall cause to be published in the Gazette in relation to
successive periods, in such manner as the Board may think fit and at intervals
of not more than 12 months, lists of all persons whose names have been entered
in, removed from or restored to the roll during these periods.

Correction of the roll
13. (1) The secretary may from time to time amend the roll as to the
address or other relevant particulars relating to any nurse whose name appears
therein upon his being satisfied that such amendment is necessary for the
purpose of preserving the accuracy of the roll.
(2) Subject to the provisions of section 21, the secretary shall add to or
delete from the roll the name of any nurse whose name the Board directs shall
be added thereto or deleted therefrom, as the case may be.
(3) Without prejudice to anything contained in Part V, the Board may
direct that the name of any nurse be removed from the roll who-
(a)requests in writing addressed to the secretary that his name be so
removed;

(b) dies;
(c)has left Hong Kong without giving to the secretary notice of intention
to return;
(d)has not kept the secretary supplied with an address in Hong Kong at
which notices from the Board may be served upon him:
Provided that-
(i) this paragraph shall not apply to any enrolled nurse in the
service of the Government; and
(ii) any enrolled nurse who fails to acknowledge within 12 months
after the date of dispatch the receipt of a registered letter or telegram
addressed to him at his last address as recorded in the roll shall be
deemed not to have kept the secretary supplied with an address under
this paragraph. (Amended, 67 of 1985, s. 16)
(Amended, 45 of 1972, s. 3)

Qualification for enrolment
14. (1) Subject to the provisions of this Ordinance, no person shall be
qualified to be enrolled under this Part unless he has satisfied the Board that-
(a) he has attained the age of 20 years;
(b) he is of good character; and
(c) either-





(i) he has completed such training as may be prescribed and has
passed such examinations as may be required by the Board; or
(ii) his name is enrolled in any part of the roll maintained by the
General Nursing Council for England and Wales; or
(iii) his name is enrolled in any part of the roll maintained by the
General Nursing Council for Scotland; or
(iv) his name is enrolled in the roll maintained by the Joint Nursing
and Midwives Council for Northern Ireland; or
(v) he possesses a valid certificate to practise nursing issued by such
certifying body, other than the Councils mentioned in sub-paragraphs
(ii), (iii) and (iv), as may be recognized by the Board as constituting
sufficient evidence of his competency to practise nursing. (Added, 28
of 1974, s. 4)

(2) Notwithstanding the provisions of subsection (1), the Board may
require any applicant for enrolment in any part of the roll to prove his
competency in nursing by examination conducted by examiners appointed by
the Board and, if required, to undergo such further training as the Board may
specify.

(3) Notwithstanding the provisions of subsection (1), any person who,
before 31 December 1972, satisfies the Board that he- (Amended, 45 of 1972,
s.4)

(a) has attained the age of 20 years;

(b) is of good character;

(c)has completed a course of training which is acceptable to the Board;
and

(d)has, within the period of 3 years immediately preceding the date of
application for enrolment, been bona fide engaged on nursing duties
so as to fit him for enrolment as an enrolled nurse,
shall be qualified to be enrolled as an enrolled nurse. (Amended, 45 of 1972,
s.3)

Enrolment

15. (1) Any person who considers himself qualified to be enrolled in any
part of the roll may apply in the manner prescribed to the secretary for
enrolment.

(2) The name of a person qualified to be enrolled in accordance with
section 14 who has complied with subsection (1) and with any regulations
relating thereto shall, subject to payment of any prescribed fee and to subsec-
tion (3), he entered upon the roll by the Board. (Replaced, 67 of 1985, s. 16)

(3) If, after due inquiry, the Board is satisfied that a person applying
under subsection (1) has in Hong Kong or elsewhere-

(a) been convicted of an offence punishable with imprisonment; or

(b) been guilty of unprofessional conduct,

the Board may, in its discretion, refuse to enter the name of that person upon
the roll.(Added, 67 of 1985, s. 16)





(4) Such provisions of Part V as are capable of application to an inquiry
held for the purposes of this section shall apply to any such inquiry, and any
such provision may be construed with such modifications not affecting the
substance thereof as may be necessary to render it applicable.

Certificate of enrolment

16. (1) When the name of any person is enrolled under section 15, the
secretary shall issue to him a certificate of enrolment in the form prescribed.

(2) If any certificate issued under subsection (1) is lost or destroyed, or if
for any other reason the person to whom such certificate was issued requires a
copy thereof, the secretary, upon being satisfied as to the loss or destruction of
the original and as to the propriety of the reason for which the copy is required,
shall, upon payment of the fee prescribed (if any), issue to such person a certified
copy of the original certificate.

(3) If the name of any enrolled nurse is removed from the roll by order of
the Board made under section 17, such nurse shall forthwith return to the
secretary the certificate of enrolment and any certified copy thereof issued
to him in accordance with the provisions of this section or, if such certificate or
such copy has been lost or destroyed, he shall deliver to the secretary a statement
in writing signed by him to that effect. (Amended, 45 of 1972, s. 3)

(4) If any person fails to comply with any of the provisions of sub-
section (3) he shall be guilty of an offence and shall be liable on conviction to a
fine of $250.
(Part IV added, 38 of 1970, s. 6)

PART V

DISCIPLINARY PROCEEDINGS AND OFFENCES

Disciplinary powers of the Board

17. (1) If, after due inquiry into any case referred to it by the Preliminary
Investigation Committee in accordance with regulations made under section 27,
the Board is satisfied that any registered nurse or any enrolled nurse, as the case
may be-

(a)has been, in Hong Kong or elsewhere, convicted of any offence
punishable with imprisonment;

(b)has been, in Hong Kong or elsewhere, guilty of unprofessional
conduct;

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

(d)was not at the time of registration or enrolment qualified to be
registered or enrolled; or

(e) has contravened any prohibition imposed under section 25(1),

the Board, in its discretion, may-
(i) order that the name of the registered nurse or enrolled nurse be re-
moved from the register or roll or any part thereof,





(ii)order that the name of the registered nurse or enrolled nurse be
removed from the register or the roll or any part thereof, for such
specified period as it may think fit;
(iii)order that such registered nurse or enrolled nurse be reprimanded;
or
(iv) postpone judgment on the case for any period not exceeding 2 years,

and may, in any event, make such order as the Board thinks fit will regard to the
payment of costs of the chairman or of the secretary or other person presenting
the case to the Board or of any complainant or of such registered nurse, or such
enrolled nurse. (Replaced, 38 of 1970, s. 7. Amended, 67 of 1985, s. 16)

(2) Any costs awarded in pursuance of subsection (1) may be recovered as
a civil debt. (Amended, 38 of 1970, s. 7)

(3) For the purposes of sections 9 and 15 and this section, 'unprofessional
conduct' means an act or omission by a registered nurse or an enrolled nurse
which could be reasonably regarded as disgraceful or dishonourable by regis-
tered nurses or enrolled nurses of good repute and competency. (Amended,
38 of 1970, s. 7 and 67 of 1985, s. 16)

(4) Nothing in this section shall be construed to require the Board to
inquire into the question whether a registered nurse or an enrolled nurse was
properly convicted but the Board 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. (Amended, 38
of 1970, s. 7)

(5) In any inquiry under this section as to whether a registered nurse or an
enrolled nurse has been guilty of unprofessional conduct, 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, 38 of 1970, s. 7)

(6) Within 30 days after the expiration of the time within which an appeal
against an order made by the Board may be made to the Court of Appeal in
accordance with the provisions of section 22, or if such an appeal has been
made, within 30 days after ' the decision of the Court of Appeal affirming or
varying such order, the Board shall cause the order or the order as so varied, as
the case may be, to be published in the Gazette, and may cause an account of the
proceedings at the inquiry at which such order was made to be so published
together with sufficient particulars to acquaint the public with the nature of the
offence to which the order relates. (Amended, 92 of 1975, s. 59)
(Amended, 45 of 1972, s. 3)

Powers of the Board with regard to obtaining
evidence and the conduct of proceedings

18. (1) For the purpose of any inquiry under section 9, 15 or 17, the
Board shall have the following powers- (Amended, 38 of 1970, s. 8)

(a) to take evidence and examine witnesses on oath;





(b)to summon any person to attend the inquiry to give evidence or to
produce any document or other thing in his possession or under his
control and to examine him as a witness or to require him to produce any
document or other thing in his p possession or under his control;

(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; and

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

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

Penalty for failure to give evidence

19. Any person who, being summoned to attend as a witness or to produce any
document or other thing at any inquiry held in accordance with the provisions of
section 17, refuses or neglects to do so or to answer any question put to him by or
with the leave of the Board shall be guilty of an offence and shall be liable on
summary conviction to a fine of 51,000 and to imprisonment for 3 months:

Provided that no person shall be required to answer any question, or to
produce any document or other thing which, in the opinion of the Board, may tend
to incriminate himself; and every witness shall, in respect of any evidence given by
him before the Board, be entitled to the same privileges to which he would be
entitled if he were giving evidence before a court of justice.

Representation of parties at disciplinary inquiries

20. The complainant in any inquiry held in accordance with the provisions of
section 17 and the registered nurse or enrolled nurse whose conduct is the subject
of such inquiry shall be entitled to be represented by counsel or solicitor or by a
friend throughout the inquiry. (Amended, 38 of 1970, s. 9 and 45 of 1972,s.3)

Provisions relating to orders of the Board

21. (1) The secretary shall cause a copy of-

(a)any decision of the Board made under subsection (3) to refuse to enter the
name of an applicant in the register of section 9; or

(b)any decision of the Board made under subsection (3) to refuse to enter
the name of an applicant upon the roll of section 15; or

(c) any order made under section 17(1),

to be served, as soon as may be after the making of the order, upon the registered
nurse or the enrolled nurse concerned, as the case may be, either personally or by
registered post addressed to him at the last address known to

the secretary.(Replaced, 38 of 1970, s. 10. Amended, 67 of 1985, s. 16)





(2) The secretary shall not remove the name of any registered nurse from
the register or of any enrolled nurse from the roll, before the expiration of 30
days after the service upon such nurse of the copy of the order referred to in
subsection (1), or, in the case of an appeal against such order, until after the
determination of such appeal. (Amended, 38 of 1970, s. 10)

(3) Any-

(a)registered nurse whose name is removed from the register or any part
thereof in accordance with the provisions of this Ordinance, or whose
name, prior to the commencement of this Ordinance, was so removed
in accordance with the provisions of the Nurses Registration Ordin-
ance 193 1 *, from the register or from any part thereof, maintained in
accordance with the provisions of that Ordinance;

(b)enrolled nurse whose name is removed from the roll or any part
thereof in accordance with the provisions of this Ordinance,

may apply to the Board for the restoration of his name-
(i) to the register or to such part thereof, or
(ii) to the roll or to such part thereof.
(Replaced, 38 of 1970, s. 10)

(4) The Board may, in its absolute discretion, and after such inquiry and
subject to such conditions as it may consider expedient, either allow or reject the
application, and, if it allows the application, shall direct the secretary upon
payment of the prescribed fee, if any, to restore the name of the applicant to the
register or to such part thereof, or to the roll or to such part thereof, as the case
may be, and thereupon the secretary shall restore the name accordingly:

Provided that where the name of-

(a)a registered nurse was removed from the register or any part thereof;
or

(b) an enrolled nurse was removed from the roll or any part thereof,

by order of the Board for a specified period only, no fee shall be payable upon
the restoration of the name upon the expiration of such period.
(Added, 38 of 1970, s. 10. Amended, 45 of 1972, s. 3)

Appeals

22. (1) Any person who considers himself aggrieved by a decision of the
Board made in accordance with the provisions of-

(a) section 9 refusing to enter his name upon the register;

(b) section 15 refusing to enter his name upon the roll; or

(c) section 17,

may appeal therefrom to the Court of Appeal and the Court of Appeal may
affirm, vary or reverse the decision of the Board, and may exercise any power
which the Board might have exercised and the decision of the Court of Appeal
shall be final. (Replaced, 38 of 1970, s. 11. Amended, 92 of 1975, s. 59 and
67 of 1985, s. 16)

* See Cap. 164, 1950 Ed.





(2) The procedure in relation to appeals made under this section shall be
subject to any rules of court made under the provisions of the Supreme Court
Ordinance (Cap. 4):

Provided that no such appeal shall be heard unless notice thereof has been
given to the court within 30 days after the service upon the appellant in
accordance with section 21 of a copy of the order to which the appeal relates.

PART VI

MISCELLANEOUS OFFENCES AND PROMBITIONS

Falsification of register or roll

23. Any person who wilfully makes, or causes to be made, a false state-
ment in a matter relating---

(a) to the register or to the registration of any name therein; or

(b) to the roll or to the enrolment of any name therein,

shall be guilty of an offence and shall be liable upon conviction to a fine of
$1,000 and to imprisonment for 3 months.
(Replaced, 38 of 19 70, s. 12)

Penalties for assumption of title of registered
nurses or enrolled nurses

24. (1) Any person who--

(a)not being a duly registered nurse in accordance with the provisions
of this Ordinance, takes or uses the name or title of registered nurse,
either alone or in combination with any other words or letters, or any
name, title, addition, description, uniform, or badge, implying that he
is registered or recognized by law as registered; or

(b)being a person whose name is included in any part of the register, takes
or uses any name, title, addition, description, uniform or badge, or
otherwise does any act of any kind, implying that his name is included
in some other part of the register; or

(e)not being an enrolled nurse takes or uses the name or title of an
enrolled nurse, either alone or in combination with any other words or
letters, or any name, title, addition, description, uniform, or badge,
implying that he is enrolled or recognized by law as an enrolled nurse;
or

(d)being a person whose name is included in any part of the roll, takes
or uses any name, title, addition, description, uniform or badge, or
otherwise does any act of any kind, implying that his name is included
in some other part of the roll; or

(e) at any time, with intent to deceive-
(i) in the case of a registered nurse, makes use of any certificate of
registration issued to him or to any other person; or
(ii) in the case of an enrolled nurse, makes use of any certificate of
enrolment issued to him or to any other person,





shall be guilty of an offence and shall be liable on summary conviction to a fine of
$1,000 and imprisonment for 3 months. (Amended, 38 of 1970,s. 13and45 of 1972, s.
3)

(2) Any person who-

(a) knowing that some other person is n ' ot registered as a nurse under this
Ordinance, makes any statement or does any act which suggests that
such other person is so registered; or

(b)knowing that some other person is not an enrolled nurse makes any
statement or does any act which suggests that such other person is so
enrolled, (Amended, 45 of 1972, s. 3)

shall be guilty of an offence and shall be liable on conviction to a fine of $1,000 and
to imprisonment for 3 months. (Replaced, 38 of 1970, s. 13)

(3) Nothing in this section shall be construed to render any person guilty of an
offence under this section by reason only that, without objection by him, other
persons use the word nurse in addressing or referring to him.

(4) Proceedings for an offence against this section shall not be instituted
except with the consent of the Director.

Power of Board to prohibit registered nurses or
enrolled nurses suffering from certain diseases
from attending sick persons

25. (1) If any registered nurse or any enrolled nurse contracts any infectious
disease within the meaning of the Quarantine and Prevention of Disease Ordinance
(Cap. 141), which, in the opinion of the Board, is likely to endanger the health of any
person attended by him, the Board may prohibit such registered nurse or enrolled
nurse, as the case may be, from attending sick persons in his professional capacity.
(Amended, 38 of 1970, s. 14 and 45 of 1972,s.3)

(2) Any contravention of a prohibition imposed under this section shall
constitute a ground for the institution of disciplinary proceedings in accordance
with section 17.

PART VII

EXEMPTIONS AND
REGULATIONS

Exemptions from registration

26. The following persons shall be exempted from registration or enrolment but
shall be deemed to be registered nurses or enrolled nurses(Amended, 38 of 1970, s.
15 and 45 of 1972, s. 3)

(a) persons serving on full pay in Her Majesty's armed forces in the
capacity of nurse while acting in the discharge of their duty; and

(b)persons in full time employment by the Government in the capacity of
nurse while acting in the discharge of their duty.





Regulations

27. The Governor in Council may by regulation provide for-

(a) the procedure to be adopted at meetings of the Board;

(b) the duties of the legal adviser to the Board;

(c)the nature of the particulars to be entered in the register and the mode
in which it shall be kept;

(d)the fees to be paid in connection with registration, re-registration and
certificates of registration and certified copies thereof,

(e)the manner in which applications for registration or re-registration
shall be made;

examinations and courses of training in nursing and fees to be paid in
connection therewith;

(g)the receipt of complaints or information touching any matter that may
be inquired into by the Board under section 17 and the establishment
of a committee to be known as the Preliminary Investigation Com-
mittee to make a preliminary investigation into any such complaint
or information and to determine whether or not there shall be an in-
quiry under section 17;

(h)the prohibition of a member of the Preliminary Investigation Com-
mittee who is also a member of the Board from attending any meeting
of the Board whilst it is inquiring under section 17 into a complaint or
information, in the preliminary investigation of which he took part;

(i) the procedure to be followed in relation to-
(i) the submission of complaints and information to the Preli-
minary 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 Board by the Preliminary Investigation
Committee of cases arising out of complaints and information;
(v) inquiries held by the Board under the provisions of section 17;

(j) matters relating to the conduct of nursing practice; and

(k) generally giving effect to the provisions of this Ordinance.
(Amended, 38 of 1970, s. 16)

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