MEDICAL CLINICS ORDINANCE

MEDICAL CLINICS ORDINANCE

LAWS OF HONG KONG

MEDICAL CLINICS ORDINANCE

CHAPTER 343





CHAPTER 343

MEDICAL CLINICS ORDINANCE

ARRANGEMENT OF SECTIONS
Section Page
1. Short title ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 2
2. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... 2
3. Appointment of Registrar ... ... ... ... ... ... ... ... ... ... ... ... 4
4. Register of clinics ... ... ... ... ... ... ... ... ... ... ... ... ... ... 4
5. Registration of clinics ... ... ... ... ... ... ... ... ... ... ... ... ... 4
6. Period of registration ... ... ... ... ... ... ... ... ... ... ... ... ... 5
7. Duty to ensure proper supervision ... ... ... ... ... ... ... ... ... ... 6
8. Exemption from section 7 ... ... ... ... ... ... ... ... ... ... ... ... 6
9. Exemptions from section 6 to cease to be valid ... ... ... ... ... ... ... ... 7
10. Cancellation of registration ... ... ... ... ... ... ... ... ... ... ... ... 7
11. Notice of refusal or of cancellation of registration ... ... ... ... ... ... ... 8
12. Right of appeal ... ... ... ... ... ... ... ... ... ... ... ... ... ... 8
13. Inspection of clinics ... ... ... ... ... ... ... ... ... ... ... ... ... 8
14. Offences ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 8
15. Power to make regulations ... ... ... ... ... ... ... ... ... ... ... ... 9





CHAPTER 343

MEDICAL CLINICS

To provide for the registration, control and inspection of medical
clinics andfor purposes connected therewith.

[1 January 1964.]

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

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

'clinic' means any premises used or intended to be used for the medical
diagnosis or treatment of persons suffering from, or believed to be
suffering from, any disease, injury or disability of mind or body,
but does not include

(a)premises used in the manner aforesaid which are maintained
or controlled by any department of the Government of the
United Kingdom or of the Government of Hong Kong, or by
the Chinese University of Hong Kong, or by the University of
Hong Kong; (Amended, 68 of 1986, s. 7)

(b)private consulting rooms used exclusively by registered
medical practitioners in the course of their practice on their
own account and not bearing any title or description which
includes the word 'clinic' or 'polyclinic' in the English
language; (Amended, 37 of 1966, s. 2)

(c)premises used exclusively by dentists duly registered in
accordance with the provisions of the Dentists Registration
Ordinance in the course of their practice on their own account
and not bearing any title or description which includes the
word 'clinic' or 'polyclinic' in the English language;
(Amended, 37 of 1966, s. 2)

(d)premises used exclusively by persons duly licensed under the
Miscellaneous Licences Ordinance to carry on a
physiotherapy clinic on such premises;

(e)premises used exclusively by persons duly licensed under the
Massage Establishments Ordinance to operate a massage
establishment on such premises; (Amended, 53 of 1983,s. 18)





(f) premises used exclusively for treatment given according to
purely Chinese methods by person entitled by virtue of
section 31 of the Medical Registration Ordinance to practise
medicine or surgery according to purely Chinese methods;

(g)premises used exclusively for the dispensation of medicines
by pharmacists duly registered in accordance with the
provisions of the Pharmacy and Poisons Ordinance in the
course of their practice on their own account;

(h)prcmises used exclusively by chiropodists, or chiropractors,
or opticians, or osteopaths in the course of their practice on
their own account;

(i) premises used exclusively for a scheme of medical treatment
recognized by the Director of Medical and Health Services under
section 34 of the Employment Ordinance; (Amended, 39 of
1973, s. 9)

(j)any hospital or maternity home in respect of which a person is
registered under the Hospitals, Nursing Homes and Maternity
Homes Registration Ordinance, or any clinic maintained by
any such hospital or maternity home; (Added, 18 of 1966, s.
2)

'medical treatment' means medical treatment of any description other
than

(a)the treatment given by a dentist registered, deemed to be
registered or exempt from registration under the Dentists
Registration Ordinance; (Replaced, 68 of 1986, s. 7)

(b)the dispensation of medicine or poison by a pharmacist
registered under the Pharmacy and Poisons Ordinance;
(Replaced, 68 of 1986, s. 7)

(ba) the dispensation of poison by a seller of poisons listed under
the Pharmacy and Poisons Ordinance; (Added, 68 of 1986, s.
7)

(e) the dispensation of purely herbal medicines;

(d)treatment given according to purely Chinese methods by
persons entitled, by virtue of section 31 of the Medical
Registration Ordinance, to practise medicine or surgery
according to purely Chinese methods;

(e)treatment by way of physiotherapy given in premises by
persons duly licensed under the Miscellaneous Licences
Ordinance to carry on a physiotherapy clinic on such
premises or by approved assistance employed by such
persons;

treatment by way of massage given in premises by persons
duly licensed under the Massage Establishments Ordinance
to operate a massage establishment on such premises or by
approved assistants employed by such persons; (Amended,
53 of 1983, s. 18)





(g)treatment by way of chiropody, or chiropractic, or
osteopathy; or

(h) treatment by way of first aid;

'premises' includes any place whatsoever, whether consisting of a
building or not, and any vehicle or vessel, whether mobile or not;
(Added, 22 of 1964, s. 2)

'registered medical practitioner' means a person who is duly registered
in accordance with the provisions of the Medical Registration
Ordinance, or who is deemed, by virtue of the provisions of that
Ordinance, to be so registered;

'Registrar' means the Registrar of Clinics.

3. For the purposes of this Ordinance, there shall be a Registrar of
Clinics who shall be the Director of Medical and Health Services.

4. (1) The Registrar shall cause a register of clinics to be kept in
such form as shall be prescribed containing names and addresses and
such other particulars as may be prescribed of applicants who have
been registered.

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

(3) The Registrar shall cause to be published in the Gazette-

(a)as soon as may be after 1 January of every year a list of
clinics registered under section 5 and of clinics exempted
under section 8; and

(b)notification of any exemption granted or cancellation thereof
under section 8 or any cancellation of registration under
section 10.

(4) A certificate purporting to be under the hand of the Registrar
that a clinic is registered or is not registered or is exempted or is not
exempted shall be evidence of the facts set out therein until the contrary
is proved.

5. (1) Application for registration as a clinic shall be made to the
Registrar in such form as he may prescribe, and such form shall require
a statement of the objects of the clinic to be included.

(2) Subject to the provisions of this Ordinance, the Registrar shall,
on receipt of an application for registration, register the applicant in
respect of the clinic named in the application, subject to such
conditions, if any, as fie may impose, and issue to the applicant a
certificate of registration in the prescribed form:

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





(a)that the applicant or any person employed by him at the clinic
is not a fit person, whether by reason of age or otherwise, to
carry on or to be employed at a clinic; or

(b)that for reasons connected with situation, construction,
accommodation, staffing or equipment, the premises to be
used in connection with the clinic are not fit to be used for the
purposes of a clinic or that such premises are used or to be
used for purposes which are in any way improper or
undersirable in the case of a clinic; or

(e)that the clinic will not be under the continuous personal
supervision of a registered medical practitioner; or

(d) that-

(i) the income derived or to be derived from the
establishment or operation of the clinic is not, or will not be,
applied solely towards the promotion of the objects of the
clinic; or

(ii) any portion of such income, except payment in good
faith of remuneration to any such properly employed
registered medical practitioners, persons employed pursuant
to an exemption granted under section 8, nurses and menial
servants working in the clinic, is, or will be, paid or transferred
directly or indirectly by way of dividend, bonus or otherwise
howsoever by way of profit to the applicant himself, or to any
persons properly so employed, or to any other persons
howsoever.

(3) In the case of a clinic run by a registered trade union
exclusively for its members and the families of such members, the
Registrar shall not refuse registration solely on the grounds set out in
paragraph (d) of subsection (2) where the income derived or to be
derived from the establishment or operation of the clinic and remaining
after expenditure for the purposes permitted in such paragraph (d) is or
will be applied solely for the purposes authorized in section 33 (f) of the
Trade Unions Ordinance and so applied in such a manner that no part
thereof shall be paid to or for the benefit of any person employed in
such clinic.

(4) Every person registered in respect of a clinic shall display the
current certificate of registration issued in respect of the clinic in a
conspicuous place at the clinic. (Replaced, 58 of 1981, s. 2)

6. (1) Subject to the provisions of section 10, a registration shall, as
indicated by the Registrar on the certificate of registration, be valid

(a)until the end of the year in which it is made, and any person
registered in respect of a clinic who desires to continue to be
so registered for any subsequent year shall make application
for re-registration during the first week of the month of
November, or, for good reason shown to the satisfaction of
the Registrar, at such later date as the

Registrar may allow; or(Amended, 37 of 1966, s. 3)





(b)for such months in any one year and such extended periods
thereof, if any, as the Registrar in his absolute discretion may
allow.

(2) The Registrar may, in his absolute discretion-

(a) when granting re-registration under subsection (1)(a); or

(b)when extending the period of validity under subsection (1)(b),

impose conditions or amend conditions already imposed.

7. Every person registered in respect of a clinic shall appoint and
maintain a registered medical practitioner who shall be responsible for
the medical management of the clinic in relation to which he has been
appointed.

(Amended, 37 of 1966, s. 4)

8. (1) Subject to the provisions of subsection (2), the Registrar
may, in his absolute discretion, exempt from the provisions of section 7
any clinic in existence on 5 September 1963.

(2) After 31 December 1967, the Registrar shall not grant an
exemption under subsection (1) in respect of a clinic carried on in a
vehicle, whether mobile or not, or in premises which were at any time a
vehicle.

(3) Subject to the provisions of this Ordinance-

(a)any exemption granted under subsection (1) prior to the
commencement of the Medical Clinics (Amendment) (No. 2)
Ordinance 1966 and in force at the commencement of that
Ordinance shall continue in force until 1 January 1968 and shall
then cease to be valid; and

(b)any such exemption granted after the commencement of the
Medical Clinics (Amendment) (No. 2) Ordinance 1966 shall be
valid until the end of the year in which it is granted.

(4)(a) If the person registered in respect of a clinic that has been
exempted under subsection (1) from the provisions of section 7
desires that the exemption shall be renewed, he shall make
application for its renewal durin g the first week of the month
of November, or, for good reason shown to the satisfaction of
the Registrar, at such later date as the Registrar may allow.

(b)The Registrar may, in his absolute discretion, upon application
in accordance with paragraph (a) renew any such exemption for
a period of one year at a time, save that, after 31 December
1967, the Registrar shall not renew any such exemption in
respect of a clinic carried on in a vehicle, whether mobile or
not, or in premises which were at any time a vehicle.





(c)Without prejudice to the discretion conferred upon the
Registrar by paragraph (b) as to the renewal of any such
exemption, the Registrar may refuse to renew any such
exemption if he is satisfied that, within the preceding 12
months, any person practising medicine in the clinic has
contravened the Code of Practice published under sub-
section (7).

(5) On the grant of any exemption under subsection (1) and on
the renewal of any such exemption, the Registrar shall impose
conditions relating to the remuneration to be paid to any persons
practising medicine in the clinic other than registered medical
practitioners and may impose such other conditions as he thinks fit.

(6) The Registrar may, in his absolute discretion and without
assigning any reason therefor, cancel any exemption granted under
subsection (1).

(7) The Registrar may publish a Code of Practice for the
purposes of this section prescribing standards of conduct for
persons, other than registered medical practitioners, practising
medicine in clinics and regulating the functions of such persons,
and any such Code of Practice may prohibit the discharge by such
persons of specified functions.

(8) Notwithstanding the provisions of section 28 of the
Medical Registration Ordinance, persons practising medicine in a
clinic and in receipt of remuneration from the clinic in accordance
with the conditions imposed on the grant or renewal of an exemp-
tion under subsection (1) shall not by reason solely of such practice
be guilty of an offence under that section.

(9) [Deleted, 81 of 1984, s. 2]
(Replaced, 37 of 1966, s. 5)

9. (1) Every exemption granted under section 8(1) prior to
the commencement of the Medical Clinics (Amendment) (No. 2)
Ordinance 1966 exempting a clinic from the provisions of section 6
shall continue in force until 1 January 1968 and shall then cease to
be valid, and, unless the person registered in respect of a clinic so
exempted from the provisions of section 6 is re-registered in respect
thereof in accordance with the provisions of this Ordinance, he shall
thereupon cease to be so registered.

(2) If the person registered in respect of any such clinic desires
to continue to be so registered after 31 December 1967, he shall
make application for re-registration in accordance with section
6(1)(a).
(Added, 37 of 1966, s. 5)

10. Subject to the provisions of this Ordinance, the Registrar
may at any time cancel the registration of a person in respect of a
clinic on any ground which would entitle the Registrar to refuse an
application for the registration of that person in respect of that





clinic, or on the ground that that person has been convicted of an
offence against the provisions of this Ordinance or that any other
person has been convicted of such an offence in respect of that clinic.

11. (1) In his absolute discretion the Registrar may, before refusing
an application for registration or cancelling any registration, give to the
applicant or to the person registered, as the case may be, notice of his
intention so to do, stating the grounds on which he intends to refuse
the application or cancel the registration and containing an intimation
that the applicant or the person registered may make written
representations to him.

(2) If the Registrar decides to refuse the application for registration
or to cancel the registration, he shall make a written order properly dated
to that effect and shall send a copy thereof by registered post to the
applicant or the person registered, at the address last known to the
Registrar.

12. (1) Any person who is aggrieved by an order refusing an
application for registration or cancelling a registration, or by a refusal to
grant or renew an exemption or by a cancellation of an exemption may,
within 14 days of such refusal or cancellation or within such further time
as the Governor in Council may allow, appeal against it by way of
petition to the Governor in Council. (Amended, 4 of 1965, s. 2 and 3 7 of
1966, s. 6)

(2) No order for cancellation of registration or of exemption shall
come into force or be gazetted under section 4 until the expiration of 14
days from the date on which it is made, or, where there is an appeal
within 14 days from the date on which it is made, until the appeal has
been decided or withdrawn. (Amended, 4 of 1965,s.2)

13. The Registrar, or any public officer authorized in writing by
him, may, subject to such regulations as may be prescribed, at any time
enter and inspect any premises which are used, or which the Registrar
or such a public officer has reasonable cause to believe to be used, for
the purposes of a clinic. and may inspect any records prescribed by this
Ordinance.

14. (1) Any person who-

(a)carries on or takes part in the management of a clinic which is
not registered, or who therein does,any medical diagnosis or
prescribes any medical treatment or takes part in any medical
treatment of any person; or

(b)carries on or takes part in the management of a clinic
registered under section 5 in respect of which no registered
medical practitioner is appointed and maintained pursuant to
section 7 and which is not exempted under section 8, or who
therein does any medical diagnosis or prescribes any medical
treatment or takes part in any medical treatment of any person,





commits an offence and is liable-
(i)on summary conviction to a fine of $50,000 and to impri-
sonment for 2 years; or
(ii)on conviction upon indictment to imprisonment for 3
years. (Amended, 68 of 1986, s. 8)

(1A) Any person who-

(a)in a clinic which is not registered does any medical dia-
gnosis, prescribes any medical treatment or performs any
medical treatment in relation to a person which results in
personal injury to that person; or
(b)in a clinic registered under section 5 in respect of which no
registered medical practitioner is appointed and main-
tained pursuant to section 7 and which is not exempted
under section 8, does any medical diagnosis, prescribes
any medical treatment or performs any medical treatment
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. 8)

(2) Any person who contravenes section 5(4) commits an
offence and is liable to a fine of $2,500.

(3) Any person who contravenes any condition imposed by
the Registrar under section 5, 6 or 8 commits an offence and is
liable-

(a)for the first offence, to a fine of $5,000 and to imprison-
ment for 6 months; and
(b)for a second or subsequent offence, to a fine of $10,000 and
to imprisonment for 1 year.
(4) Any person who obstructs the Registrar or any public
officer in the exercise of his powers under section 13 commits an
offence and is liable. to a fine of $5,000 and to imprisonment for 6
months.
(Replaced, 58 of 1981, s. 3)

15. (1) The Governor in Council may make regulations for
all or any of the following matters-

(a)the duties and responsibilities of persons registered in
respect of clinics and of persons connected with their
management and control;

(b)the keeping and submission of accounts by a person
registered in respect of a clinic in respect thereof;

(c)reports and information to be supplied in respect of a
clinic;





(d) the forms for use for the purposes of this Ordinance;

(e)the requirements, structural or otherwise, to be fulfilled in
relation to the premises in which a clinic is carried on, and
without prejudice to the generality of the foregoing,
requirements may be made in respect of

(i) ventilation;

(ii) light, natural as well as artificial;

(iii) fire precautions;

(iv) storage of dangerous drugs and poisons;

(v) Iatrine accommodation and other matters of sanitation;

(vi) water supply;

(vii) sterilization facilities;

(viii) the cleanliness of premises used as clinics;

(ix) the hygiene of the stafT employed by a clinic;

generally, the carrying into effect of the provisions of this
Ordinance.

(2) Any regulation made under this Ordinance may provide that a
contravention thereof shall be an offence and may provide penalties for
such offence not exceeding a fine of $1,000.
Originally 27 of 1963. 22 of 1964. 4 of 1965. 18 of 1966. 37 of 1966. 57 of 1969. L.N. 181/69. L.N. 95/71. 39 of 1973. L.N. 227/74. L.N. 202/77. L.N. 284/80. 58 of 1981. L.N. 370/83. 53 of 1983. 81 of 1984. 68 of 1986. Short title. Interpretation. (Cap. 156.) (Cap. 114.) (Cap. 266.) (Cap. 161.) (Cap. 138.) (Cap. 57.) (Cap. 165.) (Cap. 156.) (Cap. 138.) (Cap. 161.) (Cap. 114.) (Cap. 266.) (Cap. 161.) appointment of Registrar. Register of clinics. Registration of clinics. (Cap. 332.) Period of registration. Duty to ensure proper supervision. Exemption from section 7. (37 of 1966.) (Cap. 161.) Exemptions from section 6 to cease to be valid. (37 of 1966.) Cancellation of registration. Notice of refusal or of cancellation of registration. Right of appeal. Inspection of clinics. Offences. Power to make regulations.

Originally 27 of 1963. 22 of 1964. 4 of 1965. 18 of 1966. 37 of 1966. 57 of 1969. L.N. 181/69. L.N. 95/71. 39 of 1973. L.N. 227/74. L.N. 202/77. L.N. 284/80. 58 of 1981. L.N. 370/83. 53 of 1983. 81 of 1984. 68 of 1986. Short title. Interpretation. (Cap. 156.) (Cap. 114.) (Cap. 266.) (Cap. 161.) (Cap. 138.) (Cap. 57.) (Cap. 165.) (Cap. 156.) (Cap. 138.) (Cap. 161.) (Cap. 114.) (Cap. 266.) (Cap. 161.) appointment of Registrar. Register of clinics. Registration of clinics. (Cap. 332.) Period of registration. Duty to ensure proper supervision. Exemption from section 7. (37 of 1966.) (Cap. 161.) Exemptions from section 6 to cease to be valid. (37 of 1966.) Cancellation of registration. Notice of refusal or of cancellation of registration. Right of appeal. Inspection of clinics. Offences. Power to make regulations.

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