HOSPITALS, NURSING HOMES AND MATERNITY HOMES REGISTRATION ORDINANCE

HOSPITALS, NURSING HOMES AND MATERNITY HOMES REGISTRATION ORDINANCE

LAWS OF HONG KONG

HOSPITALS, NURSING HOMES, AND

MATERNITY HOMES REGISTRATION ORDINANCE

CHAPTER 165





CHAPTER 165

HOSPITALS, NURSING HOMES AND MATERNITY
HOMES REGISTRATION ORDINANCE

ARRANGEMENT OF SECTIONS

Section..................................... Page
1. Short title ............................2
2. Interpretation .........................2
3. Registration of hospitals and maternity homes 3
4. Cancellation of registration ..........5
5. Notice of refusal or of cancellation of registration 5
6. Regulations ...........................6
7. Inspection of nursing homes ...........6
8. Penalty for offences against Ordinance and provision as to offences by
companies ................................6
Schedule....................................Fees ..................................................................................
............................................7





CHAPTER 165

HOSPITALS, NURSING HOMES AND MATERNITY
HOMES REGISTRATION

To provide for the registration and inspection of hospitals, nursing homes and
maternity homes and for purposes connected therewith.

(Amended 17 of 1966 s. 2)

[1 January 19371

Originally 48 of 1936 (Cap. 165, 1950) G.N.A. 66 of 1950, 9 of 1950, 22 of 1950, 4 of 1952,
G.N.A. 138 of 1960,17 of 1966, R. Ed. 1966, L.N. 76 of 1989,62 of 1989

1. Short title

This Ordinance may be cited as the Hospitals, Nursing Homes and

Maternity Homes Registration Ordinance.

(Amended 17 of 1966 s. 4)

2. Interpretation

(1) In this Ordinance, unless the context otherwise requires

'Director', in relation to registration of maternity homes, means the Director of
Health and, in relation to registration of hospitals and nursing homes, means
the Director of Hospital Services; (Added L.N. 76 of1989)

'hospital' means any establishment for the care of the sick, injured or infirm or those
who require medical treatment, including a nursing home, but does not include
any hospital maintained by the Crown;

'maternity home' means any premises used or intended to be used for the reception
of pregnant women or of women immediately after childbirth, but does not
include any maternity home maintained by the Crown;

'pupil midwife' means a woman whose name is registered with the Midwives Board
under regulation 8 of the Midwives (Registration and Disciplinary Procedure)
Regulations (Cap. 162 sub. leg.);

'register' and 'registration' mean register and registration under this Ordinance;

'registered midwife' means a woman who is registered or deemed to have been
registered as a midwife under or in accordance with section 8 of the Midwives
Registration Ordinance (Cap. 162);

'registered nurse' means a nurse whose name appears in Part 1 of the register of
nurses maintained in accordance with section 5 of the Nurses Registration
Ordinance (Cap. 164).





(2) In relation to any premises used or intended to be used solely for the
reception of, and the provision of nursing for, a class of patients in whose case the
requisite nursing can be suitably and adequately provided by nurses of a class
whose names are contained in some part of the register of nurses maintained in
accordance with section 5 of the Nurses Registration Ordinance (Cap. 164) other
than Part 1 of that register, references in the definition 'registered nurse' to Part 1 of
the register of nurses shall be construed as including references to that other part of
the register.

(Replaced 17 of 1966 s. 5)

3. Registration of hospitals and maternity homes

(1) If any person carries on a hospital or a maternity home without being duly
registered in respect thereof, he shall be guilty of an offence and shall be liable on
summary conviction to a fine of $1,000, or in the case of a second or subsequent
offence, to a fine of $1,000 and imprisonment for 3 months.

(Amended 22 of 1950 Schedule; 17 of 1966 s. 3)

(2) Application for registration shall be made to the Director in writing in a form
prescribed by him. Where the applicant desires registration of premises as a hospital
and as a maternity home separate forms shall be used. (Amended 17 of 1966 ss. 3 6;
L.N. 76 of 1989)

(3) Every application for registration shall be accompanied by the appropriate
fee specified in the Schedule, whether a hospital or a maternity home or both a
hospital and a maternity home will be carried on in the premises to which the
application refers. (Added 17 of 1966 s. 6. Amended62 of 1989 s. 2)

(3A) The Legislative Council may, by resolution, amend the fees in the
Schedule. (Added62of 1989s. 2)

(4) Subject as provided in this Ordinance, the Director shall on receipt of an
application for registration, register the applicant in respect of the hospital or
maternity home named in the application, subject to such conditions relating to the
accommodation, staffing or equipment thereof as he thinks fit, and issue to the
applicant a certificate of registration, in which such conditions shall be set forth:
(Amended 17 of 1966 s. 6)

Provided that the Director may refuse to register the applicant if he is satisfied

(a)that the applicant or any person employed by him at the hospital or
maternity home is not a fit person to carry on or to be employed at a
hospital or maternity home of such a description as the hospital or
maternity home named in the application; or

(Replaced 17 of 1966 s. 6)

(b)that for reasons connected with situation, construction,
accommodation, staffing or equipment the hospital or maternity
home,





or any premises used in connection therewith, is or are not fit to be
used for or in connection with a hospital or maternity home of such a
description as the hospital or maternity home named in the
application, or that the hospital or maternity home, or any premises
used in connection therewith, is or are used or to be used for
purposes which are in any way improper or undesirable in the case of
such a hospital or maternity home; or (Replaced 17 of 1966 s. 6)

(c)in the case of a hospital, that the hospital is not under the charge of a
person who is either a duly qualified medical practitioner or a
registered nurse and who is resident in the hospital, or that there is not
a proper proportion of registered nurses among the persons having
the superintendence of or employed in the nursing of the patients in
the hospital; or (Replaced 17 of 1966s.6)

(d)in the case of a maternity home, that the person having the
superintendence of the nursing of the patients in the home is not a
registered midwife, or that any person employed in attending any
woman in the home in childbirth or in nursing any patient in the home
is not either a duly qualified medical practitioner, a registered midwife,
or a pupil midwife or that there is not a proper proportion of registered
midwives or pupil midwives among the persons having the
superintendence of or employed in the attendance on or nursing of the
patients in the home. (Amended 17 of 1966 s. 6)

(5) The current certificate of registration issued in respect of a hospital or
maternity home shall be kept affixed in a conspicuous place in the hospital or
maternity home, and, if default is made in complying with the foregoing requirement,
the person carrying on the hospital or maternity home shall be guilty of an offence.
(Amended 17 of 1966 ss. 3 6)

(6) Subject to the provisions of section 4, registration shall be valid until the
end of the year in which it is made. Every person registered in respect of a hospital
or maternity home who desires to continue to be so registered for any subsequent
year shall make application in the month of December for re-registration and shall
pay the fee prescribed by subsection (3). (Amended 17 of 1966 ss. 3 6)

(7) (a)Any person registered in respect of a hospital or maternity home who
is aggrieved by a condition imposed by the Director under subsection
(4) may appeal by way of petition to the Governor in Council.

(b)On any such appeal, the Governor in Council may confirm, vary or
reverse the decision of the Director. (Added 17 of 1966 s. 6)

[cf. 1927 c. 38 s. 1 U.K.]





4. Cancellation of registration

Subject to the provisions of this Ordinance, the Director may at any time
cancel the registration of a person in respect of any hospital or maternity
home-
(a)on any ground which would entitle him to refuse an application
for the registration of that person in respect of that hospital or
maternity home;
(b)in the event of a contravention of any condition imposed by the
Director under section 3(4); or
(c)if such person, or any other person, has been convicted of an
offence against this Ordinance in respect of the hospital or
maternity home.
(Replaced 17 of 1966 s. 7)
[cf. 1927 c. 38 s. 2 U.K.]

5. Notice of refusal or of cancellation of registration

(1) Before making an order refusing an application for registration or an
order cancelling any registration the Director shall give to the applicant or to
the person registered, as the case may be, not less than 14 days' notice of his
intention to make such an order, and every such notice shall state the grounds
on which he intends to make the order and shall contain an intimation that, if
within 14 days after the receipt of the notice the applicant or person registered
informs him in writing that he desires so to do, he will, before making the order,
give him (in person or by a representative) an opportunity of showing cause
why the order should not be made.
(2) If the Director, after giving the applicant or the person registered
(if under the provisions of subsection (1) he is entitled so to do) an opportunity
of showing cause as aforesaid, decides to refuse the application for registration
or to cancel the registration, he shall make an order to that effect and shall
send a copy of the order by registered post to the applicant or the person
registered.
(3) Any person aggrieved by an order refusing an application for
registration or cancelling any registration may, within 14 days after the date on
which the copy of the order was sent to him, appeal against it by way of petition
to the Governor in Council. (Amended 17 of 1966 s. 8)
(4) No such order shall come into force until the expiration of 14 days
from the date on which it was made, or, where notice of appeal is given against
it, until the appeal has been decided or withdrawn.
[cf. 1927 c. 38 s. 3 U.K.]





6. Regulations

The Governor in Council may by regulation provide for-
(a)records to be kept of patients received into a hospital or
maternity home, and, in the case of a maternity home, of any
miscarriages or still-births occurring in the home, and of the
children born therein and of the children so born who are
removed from the home otherwise than to the custody or care of
any parent, guardian or relative; (Amended 17 of 1966 s. 3)
(b)notification to be given of any death occurring in a hospital or
maternity home; (Amended 17 of 1966 s. 3)
(c)offences in the case of contravention of any such regulation and
penalties therefor:
Provided that no penalties shall exceed those prescribed by
section 8(1).
[cf. 1927 c. 38 s. 4 U.K.]

7. Inspection of nursing homes

(1) The Director, any medical officer appointed by the Governor as a
health officer, any officer for the time being performing the duties of a health
officer or some person duly authorized by the Director may, subject to such
regulations as may be made by the Governor in Council, at all reasonable times
enter and inspect any premises which are used, or which that officer or person
has reasonable cause to believe to be used, for the purposes of a hospital or
maternity home and to inspect any records required to be kept in accordance
with the provisions of the Ordinance. (Amended 17 of 1966 s. 9)
(2) If any person refuses to allow any such officer to enter or inspect any
such premises as aforesaid or to inspect any such records as aforesaid, or
obstructs any such officer in the execution of his powers under this section he
shall be guilty of an offence.
[cf. 1927 c. 38 s. 5 U.K.]

8. Penalty for offences against Ordinance and
provision as to offences by companies

(1) If any person is guilty of an offence against this Ordinance (other than
an offence in respect of which some other penalty is specifically provided by this
Ordinance) he shall in respect of each offence be liable on summary conviction
to a fine of 51,000, and, in the case of a continuing offence, to a further fine of
550 in respect of each day on which the offence continues after conviction.
(Amended 22 of 1950 Schedule; 17 of 1966 s. 11)





(2) Where a person convicted of an offence against this Ordinance is a
company, the chairman and every director of the company and every officer of the
company concerned in the management thereof shall be guilty of the like offence,
unless he proves that the act constituting the offence took place without his
knowledge or consent.

[cf. 1927 c. 38 s. 8 U.K.]

SCHEDULE[s. 3(3) (3A)]
FEES
Item Particular Fee
1 For first registration of a hospital or maternity home 1,350
2. For subsequent registration of a hospital or maternity home 90
(Added 62 of1989 s. 3)

https://oelawhk.lib.hku.hk/items/show/2746

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