SUPPLEMENTARY MEDICAL PROFESSIONS ORDINANCE

SUPPLEMENTARY MEDICAL PROFESSIONS ORDINANCE

LAWS OF HONG KONG

SUPPLEMENTARY MEDICAL PROFESSIONS ORDINANCE

CHAPTER 359





CHAPTER 359

SUPPLEMENTARY MEDICAL PROFESSIONS ORDINANCE

ARRANGENW,NT OF SECTIONS

Section Page

PART I

PRELIMINARY

1..................Short title and application ... ... ... ... ... ... ... ... ... ... 3

2...........Interpretation .................... ... ... ... .... ... ... ... ... ... 3

PART II

ESTABLISHMENT AND POWERS OF COUNCIL AND
BOARDS

3..........................Establishment and composition of Council ... ... ... ... ... ... 4

4.................Purposes of the Council .... ... ... ... ... ... ... ... ... ... 4

5..........................Establishment and composition of boards ... ... ... ... ... ... 5

6...............Purposes of boards ........... ... ... ... ... ... ... ... ... ... 6

7......................Meetings of the Council and boards ... ... ... ... ... ... ... ... 6

8............................Transaction of business by circulation of papers ... ... ... ... ... 6

9...................Appointment of committees ... ... ... ... ... ... ... ... ... 6

PART III

REGISTRATION AND PRACRISING
CERTIFICATES

10. Every profession to have a separate register ... ... ... ... ... ... 7
11. Publication of register and evidence of registration ... ... ... ... ... 8
12. Persons who are qualified to be registered ... ... ... ... ... ... 8

13. Application for registration .............. ... ... ... ... ... ... ... 9
14.................Certificate of registration ... ... ... ... ... ... ... ... ... ... 9
15. Provisional registration .................. ... ... ... ... ... ... 10

16. Registered person not to practise without practising certificate ... ... 11

17. Recovery of practising fees ......... ... ... ... ... ... ... ...

18. Certificate of registration to be displayed in premises ... ... ... ... 12

PART IV

CONTROL OF
PROFESSIONS

19.....................Premises to be suitable for practice ... ... ... ... ... ... ... ... 12

20.....................................Companies may carry on professions by way of trade or business ... 12

21..............................Professions only to be practised by persons registered ... ... ... ... 13





Section Page

PART V



22. Disciplinary powers of board ... ... ... ... ... ... ... ... ... ... 13
23. Powers of boards at inquiries ... ... ... ... ... ... ... ... ... ... 14
24. Provisions relating to decisions and orders of boards ... ... ... ... 15
25. Appeals to Court of Appeal ... ... ... ... ... ... ... ... ... 15

PART VI

GENERAL

26........................Boards may prepare Codes of Practice ... ... ... ... ... ... ... 16

27........Penalties .......................... ... ... ... ... ... ... ... ... 16
28........Notices ............................ ... ... ... ... ... ... ... ... 16
29........Regulations ........................ ... ... ... ... ... ... ... ... 17

30...................................Disapplication of certain provisions to certain classes of person ... ... 18

31...................Exemption of course of training ... ... ... ... ... ... ... ... ... 18

32............................Ordinance not to derogate from other Ordinances ... ... ... ... ... 18

Schedule....................................... ... ... ... ... ... ... ... ... ... 18





CHAPTER 359

SUPPLEMENTARY MEDICAL PROFESSIONS

To provide for registration, discipline and the better control engaged
in occupations and professions supplementary to medicine.

[1 October 1980.]

PART I

PRELIMINARY

1. (1) This Ordinance may be cited as the Supplementary Medical
Professions Ordinance.

(2) This Ordinance shall apply to any profession included in the
Schedule with effect from such date as the Governor may appoint by
order in the Gazette and any such order may fix different dates for
different provisions of this Ordinance.

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

'board' means any board established under section 5;

'certificate of registration' means a certificate of registration or a
duplicate certificate of registration issued under section 14 and a
certificate of provisional registratior issued under section 15;

'Council' means the Supplementary Medical Professions Council
established under section 3;

practising certificate' means a certificate issued under section 16;

'profession' means any profession specified in the second column in
the Schedule;

'.registered- means entered in a register in accordance with sections 13
and 15 or restored to. the register in accordance with section 10;

'registered address' means the address appearing upon the certificate
of registration issued under section 14.

(2) A profession specified in the second column in the Schedule
shall mean the occupation of persons of the description specified
opposite thereto in the second column.

(3) For the purposes of this Ordinance, a person shall be deemed to
practise a profession, who, for gain or otherwise, represents himself,
whether directly or by implication from his conduct, as practising or
being prepared or entitled to practise that profession.





PART II

ESTABLISHMENT AND POWERS OF COUNCIL AND
BOARDS

3. (1) There shall be a Council called the Supplementary Medical
Professions Council and consisting of the following members

(a) a Chairman to be appointed by the Governor;

(b) a Deputy Chairman to be appointed by the Governor;

(c) not more than 4 public officers appointed by the Governor;

(d)the following persons, whose terms of office shall run for 3
consecutive years, from the respective dates of their
appointment

(i) 1 person appointed by the Governor on the nomination
of the University of Hong Kong;

(ii) 1 person appointed by the Governor on the nomination
of The Chinese University of Hong Kong;

(iii) 1 person appointed by the Governor on the nomination
of the Hong Kong Polytechnic;

(iv) 1 person appointed by the Governor from each
profession; and

(v) 4 other persons, not being public officers, appointed by
the Governor.

(2) Any member appointed under subsection (1)(d) may, upon the
expiry of his term of office, be reappointed.

(3) Any member appointed under subsection (1)(d) or reappointed
under subsection (2) may before the expiry of his term of office

(a) resign his office by notice to the Governor; or

(b)be removed from office by the Governor for permanent
incapacity or other sufficient cause (as to the existence of
which the decision of the Governor shall be final),

and upon such resignation or removal the term for which he was
appointed or reappointed shall be deemed to have expired.

(4) There shall be-

(a) a secretary; and

(b) a legal adviser,

to the Council who shall be appointed by the Governor.

4. (1) The purposes of the Council shall be-

(a)to promote adequate standards of professional practice and of
professional conduct in the professions;

(b)to co-ordinate and supervise the activities of the boards
established under section 5; and





(c)to carry out any additional functions assigned to it by this
Ordinance.

(2) The Council shall perform its function of co-ordinating and
supervising the activities of the boards

(a)by making to each board, or inviting the board to make to the
Council, proposals as to the activities to be carried on by the
board or other boards;

(b)by recommending a board to carry on such activities, or to
limit its activities in such manner, as the Council considers
appropriate after consultation with the board on the proposals
referred to in paragraph (a);

(c)by concerning itself with matters appearing to it to be of
special interest to any 2 or more of the boards, and by giving
to the boards such advice and assistance as it thinks fit with
respect to such matters; and

(d)by exercising its powers under this Ordinance in such manner
as the Council considers most conductive to the satisfactory
performance by each board of the board's functions under this
Ordinance.

5. (1) For each profession there shall be a board consisting of not
less than 9 and not more than 12 members comprising the following

(a)a Chairman appointed by the Governor from among the
members of the Council, other than a member appointed under
section 3(1)(d)(iv);

(b)1 person, being a registered medical practitioner, appointed by
the Governor, on the nomination of the Hong Kong Medical
Association;

(c)1 person, being a registered medical practitioner, appointed by
the Governor on the nomination of the Hong Kong Branch of
the British Medical Association;

(d)1 person specially qualified to advise the board on
professional education appointed by the Governor; and

(e)not less than 5 and not more than 8 persons, being members
of the relevant profession, appointed by the Governor.

(2) Any member of a board may, upon the expiry of his term of
office, be reappointed.

(3) Any member of a board appointed under subsection (1) or
reappointed under subsection (2) may before the expiry of his term of
office

(a) resign his office by notice to the Governor; or

(b)be removed from office by the Governor for permanent
incapacity or other sufficient cause (as to the existence of
which the decision of the Governor shall be final),





and upon such resignation or removal the term for which he was
appointed or reappointed shall be deemed to have expired.

(4) There shall be-

(a) a secretary; and

(b) a legal adviser,

to each board who shall be appointed by the Governor.

6. The purposes of a board appointed under section 5 shall be-

(a)to promote adequate standards of professional practice and
professional conduct among members of the relevant-
profession; and

(b)to carry out the functions assigned to it under this Ordinance.

7. (1) The Council and each board shall meet at such times and
places as their respective Chairmen may appoint.

(2) At any meeting of the Council or a board 6 members shall form a
quorum.

(3) In the absence of the Chairman from any meeting of the Council,
the Deputy Chairman shall act in his place and if the Deputy Chairman is
also absent, those members present shall appoint one of their number to
act as chairman.

(4) In the absence of the Chairman from any meeting of a board,
those members present shall appoint one of their number to act in his
place.

(5) Every item for consideration before any meeting of the Council
or a board shall be determined by a majority of the votes of the members
present and voting thereon and in the event of an equality of votes the
Chairman or member presiding shall have a casting vote in addition to
his original vote.

(6) Subject to this Ordinance, the Council and a board may regulate
its own procedure.

8. The Council and a board may transact any of its business by the
circulation of papers and a resolution in writing which is approved in
writing by a majority of the members shall be as valid and effectual as if
it had been passed at a meeting of the Council or a board by the votes
of the members so approving the resolution.

9. (1) Subject to this section the Council and any board may
appoint committees for the better discharge of its functions under this
Ordinance.

(2) The number of members of any such committee and their term of
office shall be fixed by the Council or the board, as the case may be.





(3) Any committee may include persons who are not members
of the Council or the board.

(4) Each committee shall have as its chairman a member of the
Council or of the board, and the Council or the board may make
rules. respecting the quorum, proceedings and place of meeting of any
committee.

(5) The Council or a board may in writing delegate to a com-
mittee, with or without restrictions or conditions, any of the powers
or functions of the Council or the board:
Provided that no delegation made hereunder shall preclude the
Council or the board from exercising or performing at any time any
of the powers or functions so delegated.

PART III

REGISTRATION AND PRACTISING CERTIFICATES

10. (1) Each board shall cause a register for the relevant pro-
fession to be kept in the form prescribed and the secretary of the
board shall be responsible for the maintenance and custody of the
register.

(2) The secretary of the board shall from time to time insert
in the register any alteration or addition which may come to his
knowledge to the name, addresses, or qualifications of any person
registered.

(3) The secretary shall make such amendments to the register
as are made necessary by any decision of the board.

(4) The board may direct the removal from the register of the
name of any person who-
(a) requests in writing that his name be so removed;

(b) is deceased;
(c)being a person required to be the holder of a practising
certificate, has practised a profession in Hong Kong for a
period exceeding 6 months without having obtained such
a certificate;
(d) is not practising his profession in Hong Kong; or

(e)has not supplied the secretary of the board with an address
in Hong Kong at which all notices from the board may be
served on him:

Provided that any person failing to acknowledge within
6 months of the date of dispatch the receipt of a registered
letter or telegram addressed to him at the last address
supplied by him to the secretary shall be deemed not to
have supplied the secretary with an address under this
paragraph.





(5) A person whose name has been removed from a register under
this section or section 22, may apply to the board for the restoration of
his name to the register, and the board may subject to any conditions it
considers appropriate, approve or decline the application, and, if it
approves the same, the secretary of the board shall, upon payment of
the prescribed fee, restore the name accordingly.

(6) A register may be inspected without payment of any fee, during
usual business hours upon application to the secretary of the board.

11. (1) As soon as may be after 1 July of every year, the secretary of
each board shall prepare and publish in the Gazette, lists of the names,
addresses, qualifications and dates of the qualifications of all persons
whose names appear on the register maintained by the secretary, on 1
July immediately preceding the publication of such list.

(2) The publication of a list under subsection (1) shall be evidence
that each person named in such list is registered.

(3) The absence of the name of a person from the list last
published under subsection (1) shall be evidence that such person is
not registered.

(4) Acertificate signed and dated by the secretary of a board,
stating that the name of a person has been entered on or removed from
a register shall be conclusive evidence that as at the date of the
certificate such person is or is not registered.

12. (1) Subject to this Ordinance, the following persons are
qualified to be registered

(a) a person who holds such degree, diploma or other document
of an examining body as may be prescribed or who holds
such degree, diploma document and who has such
experience as may be prescribed; or

(b)a person who holds such other degree, diploma or any other
document of any examining body, which together with
appropriate experience, may from time to time be recognized
by the Council as qualifying the holder thereof to be
registered; and in deciding whether or not to so recognize the
Council may consult the relevant board; or

(c)a person who, on the date on which this section commenced
to apply to a profession, is practising that profession and who
by reason of his education, training, professional experience
and skill satisfies the Council, after consultation with the
relevant board, that he is a fit person to be registered.

(2) A person who wilfully procures 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 declaration,
whether in writing or otherwise commits an ofrence.

13. (1) A person claiming to be qualified to be registered may apply
in the manner prescribed to the secretary of the relevant board for
registration and such application shall be accompanied by such
documents, photographs and particulars as may be prescribed.

(2) If after due in inquiry the board is satisfied that an applicant
for registration is qualified in accordance with section 12 to be registered,
or should der section 15(2) be issued with a
certificate of provisional registration, the board shall approve the application
subject to such sonditions as the board may consider appropriate:

Provided that if he board is satisfied that an applicant

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

(b) has acted in an unprofessional or improper manner; or

(C)is the Subject of an existing order under section 22(l)(i) or (ii),

it may decline th application..



Where an application for registration receives the approval of the
board, the name of the applicant shall after payment of the prescribed fee
be entered in the register by the secretary of the and upon such entry,
the applicant shall be entitled to represent in connexion with his
profession that. he is registered and, subject to section 16(1) shall be
entitled to practise that profession.


14. (1) When a person has been registered, the secretary of the
relevant board shall issue to him a certificate of registration in the
prescribed form.

(2) The secretary of the board may amend any particulars contained
in a certificate of registration.

(3) A person registered who requires a certified copy of his
certificate of registration in order to comply with section 18 shall apply
in writing to the secretary of the relevant board stating the address of
the premises at which he proposes to practise, and the secretary shall
upon payment of the prescribed fee issue to the person registered a
certified copy of his certificate of registration with the words -certified
copy' endorsed thereon.

(4) The registered address appearing upon the certificate of
registration shall be the principal address at which the person registered
practises his profession.

(5) Every person registered shall report to the secretary of the
relevant board

(a) every address at which he practises his profession; and





(b)any change in his registered address or the change of any
other address at which he practises his profession for gain
within 2 months of such change and within such period lodge
his certificate of registration or certified copy of his certificate
of registration, as the case may be, with the secretary for
amendment.

(6) Any person registered who fails without reasonable excuse to
make a report in accordance with subsection (5)(a) or (b) commits an
offence.

(7) If a certificate of registration has been lost, destroyed or
defaced, the person registered may apply in writing to the secretary of
the relevant board to issue to him a duplicate certificate of registration
and the secretary, upon being satisfied as to such loss, destruction or
defacement, shall upon payment of the prescribed fee issue to the
person registered a duplicate of such certificate with the word
'duplicate' endorsed thereon.

(8) If it appears to the secretary of a board that a certificate of
registration is defaced or that the photograph thereon is not a
reasonable likeness of the person registered to whom the certificate of
registration relates the secretary by notice in writing may require the
person registered to lodge his certificate of registration with the
secretary and to apply for the issue of a duplicate certificate of
registration or of another certified copy, as the case may be, and any
person registered who on being so required fails without reasonable
excuse to do so within 7 days of the service of such notice commits an
offence.


15. (1) A person who is practising a profession on the date when
this Part commenced to apply to that profession, but who, on that date,
is not qualified under section 12 to be registered, may apply, within
such period of time from such date as may be determined by the
Council, to the secretary of the relevant board for provisional
registration.


(2) If the board is satisfied that an applicant for provisional
registration has acquired substantial knowledge, experience and
skill in the practice of his profession the board may dispense with
the requirements of section 12(1) and may authorize its secretary,
upon payment of the prescribed fee, to issue to such applicant a
certificate of provisional registration with the word 'provisional'
endorsed thereon.


(3) The board may, in exercising the powers conferred by
subsection (2), impose on an applicant for provisional registration such
conditions as it thinks fit.

(4) Where the board has imposed conditions under subsection (3)
it may cancel, amend or add to those conditions.

(5) Any conditions imposed under subsection (3), as the same may
have been amended or added to under subsection (4), shall be





included in the certificate of provisional registration issued to the

person to whom the conditions apply.

(6) Where any person to whom such conditions apply fails to
comply with those conditions, the board may cancel that person's
provisional registration and direct that his name and particulars be
removed from the register.

(7) Section 12(2) and section 13 shall apply to every application for
provisional registration under this section.

(t) The names and particulars of persons to whom certificates of
provisional registration are issued under this section shall appear in a
separate art of the register.


16. (1) A person registered shall not practise a profession 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, the secretary of
the relevant board, on application made to him for that purpose by a
person registered, 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 his profession.

(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 July in that following year.

(5) If at any time during the currency of a practising certificate, the
holder of the certificate ceases to be registered, the certificate shall
thereupon be deemed cancelled.

(6) A 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 secretary of the
board and paid the prescribed fee for the issue thereof.

(7) 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 on any cause of action relating to the practice of his
profession unless he was, at the time when the cause of action arose,
the holder of a valid practising certificate.

17. (1) If any person registered contravenes section 16(1) the
amount of the fee prescribed for the purposes of section 16(2) shall be
recoverable as a civil debt by claim made in the name of the secretary of
the relevant board.





(2) In any proceedings under this section a certificate purporting to
be under the hand of the secretary of the board, that the person
registered, has not paid the fee prescribed for the issue of a practising
certificate shall, until the contrary is proved, be evidence of non-
payment of the fee.

(3) On recovery from a person of a prescribed fee under this
section, the secretary of the relevant board shall, if the person is
registered, issue a practising certificate to him.

18. (1) A person registered shall keep displayed in a conspicuous
position in any premises in which he practises his profession, his
certificate of registration, or a certified copy of such certificate issued
under section 14(3).

(2) A person registered who fails to comply with subsection (1)
commits an offence.

(3) A person who displays or causes or permits to be displayed in
any premises, a certificate of registration or a certified copy of a
certificate of registration bearing his name or photograph, at a time
when his name does not appear on the register kept for the professi on
to which that certificate relates, commits an offence.

PARTIV

CONTROL OF PROFESSIONS

19. (1) No person registered shall practise his profession in
premises which are considered by the relevant board to be unsuitable
for such practice.

(2) A public officer with the authorization of the board, which shall
be signed by the Chairman of the board, may at any reasonable time
enter and inspect premises used or proposed to be used, for the practice
of a profession and shall on demand, produce such authority.

(3) A person wilfully obstructing or resisting a public officer duly
authorized by the board, in the inspection of premises used or proposed
to be used for the practice of a profession, commits an ofrence.

20. (1) No company as defined in the Companies Ordinance may
carry on the business of practising a profession unless

(a)all persons practising the profession who are employed by the
company are registered in respect of that profession;

(b) it has among its objects the practice of that profession; and

(c)within 14 days after 1 July in each year, it transmits to the
secretary of the relevant board a statement in the prescribed
form containing--





(i) the names and addresses of all persons who are directors
or managers of the company;

(ii) the names, addresses, occupations and qualifications of
all persons employed by the company in the practice of the
profession and the duties performed by such persons; and

(iii) such other particulars as may be prescribed.

(2) A company carrying on the business of practising a profession
in contravention of subsection (1), and every director and manager
thereof unless he proves that the offence was committed without
his.knowledge, shall be guilty of an offence.

21. (1) A person who practises a profession without being
registered in respect of that profession commits an offence.

(2) Any person who employs any other person to practise a
profession to which this Ordinance relates when the secondmentioned
person is not registered in respect of that profession commits an
ofrence.

(3) Where a person has been convicted of an ofrence under this
section, a magistrate may, on application made on behalf of the Crown,
order that all materials and equipment in the possession or under the
control of that person and used in the practice of a profession shall be
forfeited.

PART V

DISCIPLINE

22. (1) If after due inquiry into any case referred to it by a
Preliminary Investigation Committee in accordance with regulations
made under section 29 a board is satisfied that a person registered by
that board

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

(b) has acted in an unprofessional or improper manner;

(c)was not at the time of his registration qualified to be
registered;

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

(e)has not complied with or is in breach of any condition of his
registration (other than a condition under section 15) or has
failed to comply with this Ordinance,

the board may-

(i) order the name of the person registered to be removed from the
register;





(ii) order the name of the person registered to be removed from the
register for such period as it thinks fit;

(iii) order the person registered to be reprimanded; or

(iv) order that a warning letter in such terms as it considers
appropriate be served on the person registered.

(2) Within 1 month after the expiry of the time within which an
appeal against an order made by a board under subsection (1) may be
made to the Court of Appeal under section 25 or if such appeal has been
made, within 1 month after the decision of the Court of Appeal affirming
or varying such order, the board

(a)shall, in the case of an order made under subsection (1)(i), (ii)
or (iii), or the order as so varied, as the case may be, publish
the order in the Gazette together with an account of the
particulars and the nature of the matter to which such order
relates; and

(b)may, in the case of an order made under subsection (1)(iv), or
the order as so varied, as the case may be, publish the order in
the Gazette together with an account of the particulars and the
nature of the matter to which such.order relates.

(3) In any inquiry held under this section, a board may make such
order as it thinks fit for the payment of the costs of its secretary, a
complainant, counsel or a solicitor present at the inquiry and the person
registered or any one or more of them and any costs awarded may be
recovered as a civil debt.

23. (1) For the purposes of an inquiry under section 13 or 22 or
when it otherwise appears desirable to a board that any matter relating
to the relevant profession should be inquired into,the board shall
subject to subsection (4) have

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

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

(2) A summons under subsection (1) shall be in the prescribed form
and signed by the secretary of the board.

(3) Subject to subsection (4), a person who-

(a)being summoned under subsection (1) to attend an inquiry to
give evidence or to produce a document or other thing in his
possession, refuses or neglects to do so; or

(b)being examined under subsection (1) as a witness by or before
a board, refuses or neglects to answer a question put to him
by or with the concurrence of the board, or to





produce a document or other thing in his possession when
required to do so,

commits an offence.

(4) Notwithstanding subsection (3) a person who appears as
a witness before a board shall be entitled to the same privileges in
respect of the giving of evidence and the production of a document or
other thing as he would be entitled to if appearing as a witness in civil
proceedings before the High Court.

(5) A person whose conduct is the subject of an inquiry, or who is
implicated or concerned in the subject matter of the inquiry, shall be
entitled to be represented by counsel or a solicitor at the inquiry.

(6) A person who-

(a)behaves in an insulting manner or uses any abusive,
threatening or insulting expression to or in the presence of a
board; or

(b) wilfully disrupts the proceedings of a board, commits an
ofrence.

24. (1) The secretary of a board shall cause a copy of any decision
of the board under section 13(2) or of any order made by the board
under section 22 to be served forthwith upon the person concemed.

(2) No order of a board under section 22(1) shall take effect
while the person to whom the order relates remains entitled to appeal
against the decision in accordance with section 25 or while the appeal
awaits determination by the Court of Appeal.

25. (1) Any person whose application for registration is declined
under er section 13(2) or a person registered who is aggrieved by an
order made in respect of him under section 22(1) may appeal to the
Court of Appeal and the Court of Appeal may thereupon affirm, reverse
or vary the decision or order appealed against.

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

(3) The Court of Appeal may make such order for the payment
of costs as it considers reasonable.

(4) Subject to subsection (5), the practice in relation to the
appeal shall be subject to any rules of court made under the Supreme
Court Ordinance.

(5) Notwithstanding subsection (4), the Court of Appeal shall
not hear an appeal against a decision of a board under section 13(2)
or an order made under section 22(1) unless notice of the appeal was
given within 1 month of the service of a board's decision on the
applicant or within 1 month of the service of the order under section
24, as the case may be.





PART VI

GENERAL

26. (1) A board may prepare and revise Codes of Practice for the
relevant profession for the purposes of this Ordinance

(a)prescribing standards of conduct and practice for persons
practising that profession, for the employers of persons
practising that profession and the directors of any company
carrying on the business of practising that profession; and

(b)regulating the activities of persons practising that profession
including the activities of such persons in the supervision and
control of unqualified persons assisting such persons in the
practice of the profession;

and the dodes of Practice may prohibit specified activities.


The Secretary of the board shall cause a copy of a Code of
Practice and each revision thereof to be served upon each person
registered in respect of the profession to which the Code of Practice or
revision applies.

(3) A person, who contravenes any Code of Practice prepared or
revised under subsection (1) and applicable to his profession, shall be
deemed to have acted in an unprofessional or improper manner; but the
fact that any matters are not mentioned in a Code of Practice, shall not
preclude the board from judging a person to have acted in an
unprofessional or improper mariner by reference to those matters.

27. A person guilty of an offence against

(a)section 12(2), is liable on conviction to a fine of $5,000 and to
imprisonment for 2 years;

(b)section 14(6) or 14(8), is liable on conviction to a fine of $500;

(c)section 18(2) or 18(3), is liable on conviction to a fine of
$1,000;

(d)section 19(3), is liable on conviction to a fine of $2,000 and to
imprisonment for 6 months;

(e)section 20(2), is liable on conviction to a fine of $5,000 and to
imprisonment for 6 months;

section 21(1) or 21(2), is liable on conviction to a fine of $5,000
and to imprisonment for 6 months;

(g)section 23(3) or 23(6), is liable on conviction to a fine of $500
and to imprisonment for 3 months.

28. Where any notice or order is required by this Ordinance to be
served upon or given to a person by the secretary then it shall be
sufficient if it is sent by registered letter addressed to him at his last
registered address.





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

(a) the qualifications and experience required by persons to
qualify them for registiration;

(b)the additional qualifications and experience required by
persons wishing to practise on their own account or as a
corporation or in partnership;

(c)the licensing of premises used by persons to practice professions;

(d)the supervision and control of unqualified persons who assist
registered persons in the practice of a profession;

(e) the form and number of parts of every register
mode in which they shall be kept;

the manner in which applications for registration shall be
made;

(g)the receipt of complaints or information about any registered
person or any applicant for registration and the establishment
for each profession of a committee to be known as the
Preliminary Investigation Committee for that profession to
make a preliminary investigation into such complaint or
information and to determine whether or not there shall be an
inquiry under section 22;

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


(i)the fees to be paid in connexion with matters within the scope
of this Ordinance;

(j)any certificate, document or form required for carrying out the
purposes of this Ordinance;

(k)the duties of the members and the officers of the Council or
any board.

(l) anything that is to be or may be prescribed;

(m)exempting or providing for the exemption of any specified
class of persons from all or any of the provisions of this
Ordinance.,


(n)generally carrying into effect the provisions of this
Ordinance.

(2) Regulations made under this section may provide-

(a)that the contravention of any particular regulation shall
constitute an ofrence and may prescribe penalties for any
such offence not exceeding a fine of $5,000 or imprisonment
for 1 year or both such fine and such imprisonment; and

(b)for different fees to be paid by different categories of a
profession.





30. (1) Sections 13, 14(1), (2), (3), (4), (7) and (8), 18 and 19 pp

shall not apply to the following persons practising a profession directly
conneced with and necessary for the discharge or perform
ance of their duties while serving in the appointments specified-

(a) a person on holding a teaching appointment at a university,

polyechnic, school or institution approved for the purposes of
this section by the Governor;

(b) a person holding an appointment as a public officer; and

(c) a person appointment in a subvented voluntary

approved for the purposes of this section by

(2) The following persons practising a profession directly
connected with and necessary for the discharge or performance of their
duties shall while serving in the appointments specified be deemed to
be registered but sections 13, 14, 15, 16, 18 and 19 shall not apply to or
in relation to them

(a) a person holding an appointment in Her Majesty's Forces;

and

(b) a person holding an appointment in a ship.

(3) Subsections (1) and (2) shall not extend to any person specified
therein who is practising a profession privately in Hong Kong.

31. Nothing in this Ordinance shall operate to prevent the

conducting of any course of training by a school, polytechnic,
university or institution approved for the purposes of this section by
the Governor.

32. This Ordinance shall be in addition to and not in derogation
from any other Ordinance that regulates the manner in which a person
may practise a profession.

SCHEDULE [ss. 1 & 2.]

Item Profession Interpretation





clinical, medical, legal, public health or veterinary
specimens for the sole purpose of

Medical Laboratory making and reporting on analysis or examina-
Technologist tion in vitro and the processing of all matters

for human and animal consumption for the
purpose of making and reporting on
analysis or examination in vitro.

2. Radiographer A person trained to operate either-

(a)radio-diagnostic, ultra sound and
thermographic equipment for the purpose of
radiological diagnosis; or

(b)radiation therapy equipment for the
treatment of diseases; or

(c) radionuclear equipment including isotopes.





item Profession Inte 3. PhysiotherapistA person trained to assess and treat physical
disabilities by means of remedial exercises,
manual therapy and mechanical, thermal or
electrical energy.

4. Occupational A person trained to assess and treat disabiliTherapistcaused by diseases or injuries using mental,
physical or social activities to enable the
disabled to achieve the maximum possible
independence in daily fife.
Originally 42 of 1980. L.N. 274/80. Short title and application. Schedule. Interpretation. Schedule. Schedule. Establishment and composition of Council. Purpose of the Council. Establishment and composition of boards. Purposes of boards. Meetings of the Council and boards. Transaction of business by circulation of papers. Appointment of committees. every profession to have a separate register. Publication of register and evidence of registration. Persons who are qualified be registered. Application of registration. Certificate of registration. Provisional registration. Registered person not to practise without practising certificate. Recovery of practising fees. Certificate of registration to be displayed in premises. Premises to be suitable for practice. Companies may carry on professions by way of trade or business. (Cap. 32.) Professions only to be practised by persons registered. Disciplinary powers of board. Powers of boards at inquiries. Provisions relating to decisions and orders of boards. Appeals to Court of Appeal. (Cap. 4.) Boards may prepare Codes of Practice. Penalties. Notices. Regulations. Disapplication of certain provisions to certain classes of person. Exemption of course of training. Ordinance not to derogate from other Ordinances.

Originally 42 of 1980. L.N. 274/80. Short title and application. Schedule. Interpretation. Schedule. Schedule. Establishment and composition of Council. Purpose of the Council. Establishment and composition of boards. Purposes of boards. Meetings of the Council and boards. Transaction of business by circulation of papers. Appointment of committees. every profession to have a separate register. Publication of register and evidence of registration. Persons who are qualified be registered. Application of registration. Certificate of registration. Provisional registration. Registered person not to practise without practising certificate. Recovery of practising fees. Certificate of registration to be displayed in premises. Premises to be suitable for practice. Companies may carry on professions by way of trade or business. (Cap. 32.) Professions only to be practised by persons registered. Disciplinary powers of board. Powers of boards at inquiries. Provisions relating to decisions and orders of boards. Appeals to Court of Appeal. (Cap. 4.) Boards may prepare Codes of Practice. Penalties. Notices. Regulations. Disapplication of certain provisions to certain classes of person. Exemption of course of training. Ordinance not to derogate from other Ordinances.

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