SCHOOL MEDICAL SERVICE BOARD INCORPORATION ORDINANCE

SCHOOL MEDICAL SERVICE BOARD INCORPORATION ORDINANCE

LAWS OF HONG KONG

SCHOOL MEDICAL SERVICE BOARD

INCORPORATION ORDINANCE

CHAPTER 1111





CHAPTER 1111

SCHOOL MEDICAL SERVICE BOARD INCORPORATION
ORDINANCE

ARRANGEMENT OF SECTIONS
Section page

1. Short title ... ... ... ... ... ... ... ... ... ... ... ... ... 2
2. Interpretation ... ... . ... ... ... ... ... ... ... ... ... ... ... ... 2
3. Establishment and constitution of the Board ... ... ... ... ... ... ... ... 2
4. Meetings of the Board ... ... ... ... ... ... ... ... ... ... ... ... ... 3
5. Conduct of business of the Board ... ... ... ... ... ... ... ... ... ... 4
6. Incorporation of the Board and use of common seal ... ... ... ... ... ... 4
7. Powers of Board ... ... ... ... ... ... ... ... ... ... ... ... ... ... 4
8. Accounts ... ... ... ... ... ... ... ... ... ... ... ... ... 5
9. Protection of Board ... ... ... ... ... ... ... ... ... ... ... ... ... 5
10. Saving ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 5





CHAPTER 1111

SCHOOL MEDICAL SERVICE BOARD
INCORPORATION

To make provision.for the establishment and incorporation qf a Board
to operate a scheme to provide economical medical treatment for
the pupils of schools participating therein and for matters
ancillary thereto.

[4 September 1964.]

1. This Ordinance may be cited as the School Medical Service
Board Incorporation Ordinance.

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

---Board-means the School Medical Service Board established by virtue
of section 3;

-Chairman- and 'Vice-Chairman' means respectively the Chairman and
Vice-Chairman of the Board.

'medical practitioner- means a medical practitioner registered or
exempted from registration under the Medical Registration
Ordinance;

---school-means a school registered or exempted from registration under
the Education Ordinance.

3. (1) There shall be established in the Colony a Board to be called
the School Medical Service Board.

(2) The Board shall consist of-

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

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

(Amended, 80 of 1984, s. 2)

(c.) the Financial Secretary or his representative;

(d) the Director of Education or his representative;

in

(e) the Director of Medical and Health Service or his
representative.

(f) one member to be nominated by the Hong Kong Medical
Association; (Amended, 80 of 1984, s. 2)

(g)not more than 4 members. who shall be practising medical
practitioners taking part for the time being in the purposes of
the Board as hereinafter provided in this Ordinance and who
shall be elected from among those medical practitioners so
taking part; and

(h) not more than 5 members to be appointed by the Governor.





(3) Subject to the provisions of subsection (5). the Chairman. Vice-
Chairman and the members referred to in subsection (2) (f), (g) and (h)
shall hold office for a period of not more than 3 Years and shall be
eligible for re-appointment, re-nomination or re-election, as the case may
be, for further such periods from time to time:

Provided that, for the purposes of the establishment of the Board,
in lieu of the election of the members referred to in subsection (2)(g)
there shall be 2 members nominated by the Hong Kong Medical
Association who shall hold office for a period of one year only but shall
thereafter be eligible for election for the period provided in this
subsection. (Amended, 80 of 1984. s. 2)

(4) [Deleted, 80 of 1984, s. 21

(5) The Chairman, Vice-Chairman and any member of the Board.
other than a member referred to in subsection (2)((.). (d) or (e), may
resign therefrom by giving to the Board 30 days' notice in writing of his
intention to resign.

(6) In any member. by reason of sickness. absence from the Colony
or any other cause. is unable to attend to the business of the Board for
any period exceeding 6 months. an additional member may be
appointed. nominated or elected. as the case may be. to the Board to fill
the place of such first mentioned member during his incapacity or
absence.

4. (1) The Board shall meet at such times and at such places as the
Chairman shall appoint.

(2) Five members of the Board 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. nomination or election of any member thereof.

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

Provided that in the event of the votes on any question being
equally divided the Chairman shall have a casting vote in addition to
his original vote.

(5) If both the Chairman and the Vice-Chairman are unable to
attend any meeting of the Board, the members of the Board present at
any meeting may elect from among their number a member to act as
Chairman for that meeting.

(6) The Board may make standing orders-

(a)for regulating the procedure at and in connexion with its
meetings and the meetings of its select committees appointed
under section 5; and





(b)for the conduct of elections of members of the Board required
to be elected under the provisions of section 3. (Replaced, 42 of
1965, s. 2)

5. The Board may conduct its business in such manner as appears
to it to be expedient and may for that purpose appoint from among its
members select committees and may authorize any such committee to co-
opt such additional members thereto, not necessarily being members of
the Board. as may appear to it necessary for the proper conduct of the
business delegated by the Board.

6. (1) The Board shall be a body corporate and shall have the
corporate name of---School,lletli(.cil Service Board- and in that name shall
have perpetual succession and inay sue and be sued in all courts and
shall have and may use a common seal and may break. change, alter and
make anew such seal.

(2) Any deed. document or other instrument requiring the seal of
the Board shall be sealed with the common seal and signed by the
Chairman or the Vice-Chairman and 2 members of the Board and such
signing shall for all purposes be taken as sufficient evidence of the due
sealing of such deed. document or other instrument.

7. (1) For the purposes of' providing economical medical treatment
for pupils in all or any schools of' the Colony. the Board shall have full
power

(a)to manage, administer and operate any scheme for the
furtherance of the said purposes:

to contract upon such terms and conditions as it may
consider expedient with any person or body of persons.
whether corporate or unincorporate:

(c)to acquire. accept leases of. purchase. take. hold and enjoy
any lands. buildings. messuages and tenements of what
nature or kind soever and wheresoever situate and to
pur:chase. acquire and possess vessels. vehicles and
equipment and any other property of what nature or kind
soever. and also to invest moneys upon mortgage of any
lands. buildings. messuages. tenements. mortgages.
debentures. stocks. funds, shares or securities of or on
deposit in any corporation or company;

(d)to grant, sell. assign. surrender. exchange. partition, yield up.
mortgage, demise. reassign. transfer or otherwise dispose of
any lands, buildings. messuages. tenements. mortgages.
debentures, stocks. funds. shares or securities. vessels.
vehicles. equipment. or other property of what nature or kind
soever for the time being vested in or belonging to the Board
upon such terms or conditions as the Board may think fit.





(e)to borrow or raise money, and to secure the repayment of the
same, in any manner as the Board may think fit.

(2) The exercise of any power conferred by any of the provisions
of subsection (1) shall, insofar as the same is to be exercised for the
purpose of investing funds to the profit of the Board or insofar as the
same is to be exercised for the purpose of borrowing or raising funds
conditional upon repayment, be subject to the approval in writing of the
Financial Secretary.

(3) [Deleted, 74 of 1974, s. 31

8. (1) The Board shall cause proper accounts to be kept of all its
transactions and shall cause to be prepared for the period commencing
on 1 October 1967 and ending on 31 March 1969. and thereafter for
every period of 12 months ending on 31 March in each year, a statement
of the accounts of the Board. which statement shall include an income
and expenditure account and balance sheet and shall be signed by the
Chairman or, in the case of the absence or inability of the Chairman, by
the Vice-Chairman or by such other person as the Governor may
appoint thereto. (Amended, 42

1965, s. 3 and 10 of 1968, s. 2)

(2) The accounts of the Board and the signed statement of the
accounts shall be audited by a professional accountant holding a
practising certificate as provided in the Professional Accountants
Ordinance, who shall certify the statement subject to such report. if any,
as he may think fit. (Amended, 76 of 1973, s. 3)

(3) A copy of the signed and audited statement of the accounts of
the Board together with the auditor's report. if any, and a report by the
Board on the administration of its schemes or projects in furtherance of
its purposes under this Ordinance during the period covered by the
audited accounts shall be laid on the table of the Legislative Council
not later than 1 September next following the end of such period or so
soon thereafter as the Governor, in his absolute discretion, may allow.
(Aniended, 10 of'1968, s. 2)

9. No suit, prosecution or other legal proceedings shall lie against
the Board or any member thereof arising out of the negligence or
default of any medical practitioner participating in any scheme
managed, administered or operated by the Board.

10. Nothing in this Ordinance shall affect or be deemed to affect
the rights of Her Majesty the Queen, Her Heirs or Successors, or the
rights of any body politic or corporate or of any other persons except
such as are mentioned in this Ordinance or those claiming by, from or
under them.
Originally 26 of 1964. 42 of 1965. 10 of 1968. 76 of 1973. 74 of 1974. 80 of 1984. Short title. Interpretation. (Cap. 161) (Cap. 279.) Establishment and constitution of the Board. Meetings of the Board. Conduct of business of the Board. Incorporation of the Board and use of common seal. Powers of Board. Accounts. (Cap. 50.) protection of Board. Saving.

Originally 26 of 1964. 42 of 1965. 10 of 1968. 76 of 1973. 74 of 1974. 80 of 1984. Short title. Interpretation. (Cap. 161) (Cap. 279.) Establishment and constitution of the Board. Meetings of the Board. Conduct of business of the Board. Incorporation of the Board and use of common seal. Powers of Board. Accounts. (Cap. 50.) protection of Board. Saving.

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