MEDICAL REGISTRATION ORDINANCE, 1884

MEDICAL REGISTRATION ORDINANCE, 1884

ORDINANCE No. 6-OF 1884.

Medical Registration.

No. 6 0f 18$x,
An Ordinance entitled The 1l1-edical R~gistratiott C.?tWrtttttce, 1884.

r`?ncI April, 1884.]
BE it enacted by the Governor of lIongkon;, with the advice of the
Legislative Council thereof, as follows:-

i. 1h is Ordinance shall commence rind conic into operation on the

.5th day of April, 188.

2. This Urdin,mc3 shall not operate to limit the right cal' -Chinese

W mmanca-
m«at o!
Ordinance.

Ordinance
teat rlppTiaabte

practitioners to practice medicine or surgery or to receive demand
or toch;r,ese
recover reasonable charges in respect of such practice. practitioners.

3. The Colonial Secretary shall keep it r.:~ister of rncdical and
cotonaai surgical practitioners qualified to practise inedicihe and
surgery in this keep register.
Colony.
The register shall be, as nearly as tnay be, accordinn(; to forrrt A. in
the schedule to this Ordinance:
A
4. A copy of the register shall be published lay the Colonial Copy of
Secretary in the Gazette of the 3rd day of Ma, 1884 r and thereafter a
register to
In
copy of the register, as it stands at any such. titnc, shall be published
by the Gazette.
the Colonial Secretary in the first Gazette issued after :very succeeding
3rd day of May.
Any copy of the Gazette containiug the mast recent copy of the
register shall be primp , /acie evidence in all legtll proceedings that
the
persons therein specified are registered under this Ordinance ; and the
absence of the name of any person from such copy shall h; ppimd facie
evidence that such person is not registered under th:s Urcli-iauce.

5. The Colonial Secretary shall keep the reiitcr correct in accord-
ance with the provisions of this Ordinance, and make from time to tune
the necessary alterations in the addresses or qualifications of the
persona
registered under, this Ordinance, and cancel in the register the names of
all persons registered under this Ordinance who have died or ceased to

be qualified.

The Colonial Secretary may write a letter to any registered person
addressed to him according to his a ldresi is the register to inquire
whether he has changed his residency; ana if lie does rot receive an
answer to such letter within six nonths aft~,:r the sending thereof, he
may
cancel in the register the name of such person.

kuterstidns
may be maac-
irr the re-
gister.
Certificate of
unregistered
person void.

-The Medical
Board.

Production of
certain
papers
necessary
before regis-
tration.

Registered
persons
entitled to
practise and
to demand
charges.

ORDIN~ANCE Iafa: 6 -mr .1884.

Medical Regidration.

6. Every person registered under this Ordinance or entitled to the
benefit of section 20,,of this Ordinance, shall be entitled to practise
medi-
cine and surgery in this Colony, and to demand and recover reasonable
ea ' i I aid re
b rges for medical or surgica ndered by such person, and the
costs of medicines or surgical appliances supplied by him.

7. No person shall be entitled to recover in any action any charge
for any practice of medicine or surgery after the 3rd day of May, I884,
by any person not either registered under this Ordinance or entitled to
the benefit of section 20' of this Ordinance.

Unregistered
persons
cannot
recover
charges.

Interprets- . $, The words ' legally qualified medical- practitioner,' or
' duly
f:ion of terms.
qualified medical practitioner,' or any words importing a person recog-

nised at law as a practitioner in medicine or surgery, or as any kind of
a member of the medical profession, where used in any Ordinance, shall
be construed to mean a practitioner registered under tl)is Ordinance.

9. No certificate signed after the Ord day of May, 1884, which
certificate is, by any Act or Ordinance, required to be signed by a phy-
sician, a surgeon, an apothecary, or any other medical or surgical practi-
tioner, shall be valid unless the person signing it be registered under
this Ordinance.
w
10. A board to be styled the Medical Board shall be established
under this Ordinance _ and shall consist of the Senior Military and Naval
Yedical Officers for the ,time being in. the Colony, and any two
registered
medical practitioners and any three other fit persons willing to accept
the
appointment who may be from time to time thereto appointed by the
Governor. - Yember,p appointed by the Goverhor shall hold office for 3
years and no longer unless re-appointed by the Governor and may be
`removed by the Governor at pleasure. Three members of the board shall

form `a quorum.

The-board shall consider and report upon all matters laid before it
un.der_sections.13 or 14 of this Ordinance as tberein provided.
. 11. Any person claiming to be entitled under the Acts of the United
Kingdom 21. and 22 Victoria, chapter 90, and 31 and 32 Tietoria, chapter
29, to be registered in Hongkong vender this-Ordinance, shall be so regis
tered upon-producing to the. Coloiaial Secretary, in proof of his title
thereto,
a: declaration, according to the' firm.B yin the:. schedule .to this
Ordina -nee
made by him before any Justice of .the Peace, and impressed with a stamp
ORDINANCE Nor f.: DF . .1884.

,Medical Registratim.

for duty, by way of registration fee, of $5 : Provided that the name of
:such person appears in ' The Medical Register', then most recently
published under,the Act of the United Kingdom, 21 and 22 Victoria,
chapter 90, or he produces to the Colonial Secretary a certified copy of
tte entry of his name in the general register or in any branch register
of the United Kingdom, signed by the .Registrar of the General Medical
Colzncil or of any Branch Council of the United Kingdom.
12. Any medical or surgical practitioner who, pursuant to law, is
registered as such and entitled accordingly to certain privilegea in prac-
tising medicine or'surgery, according to his qualifications in any one or
more of the provinces of the Dominion of Canada, or in any other British
Colony other than Hongkong, shall, upon proof thereof, be entitled to be
41
registered accordingly under this Ordinance. Documentary evidence of
his being thus lawfully registered in such othrir Colony play be submitted
to the Colonial, Secretary by any such practitioner who wishes to be
registered in flongkong. If the Colonial Secretary is satisfied that such

eWence establishes sufficient proof of the registration in such other
vi
Colony and of the identity of the applicant, he shall give to the practi-
tioner a certificate to that effect, according to the form C in the
schedule
to this Ordinance and,.upon the applicant returning the same to him duly
impressed with a stamp of $5 for duty by way of registration fee, shall.
register him accordingly under this Ordinance. If the Colonial Secretary
is not satisfied, he shall submit the case to the Governor in Council for
decision as to whether lie shall or shall not give such certificate, and
such
decision shall be final.
13. Any medical or,,surgical practitioner holding a diploma, a Persons
hold-
. '' ing diplomas,
licence, or a certificate of any kind concerning his pofessic,'hal
qualifica- , &e. entitled to
tions granted to him by any University or by any'College or Faculty. of
be x~,,Atered.
Physicians or Surgeons, after and in consequence .of his having passed
through a course of study and examination as thorough and sufficient as
is the mininum course in qny like case approved by Her Majesty's Most;
Honourable Privy Council, under section 21 of the Act of the United
Kingdom, 21 and-Z2 Victoria, chapter 9G,, shall, upon proof that such
diploma, licence, or certificate was so granted, be entitled to be
registered
'accordingly under this Ordinance. Documentary or other evidence of his
identity, and of the fact that such diploma, licence, or certificate was
so
granted may, together with his diploma, licence, or certificate;
be,submitted
-to =the medical bard by -any practitioner who wishes to be so registered

Persons
registered in
Colonies
entitled to
be registered
here.
Appeal t«
Governor in
Council.

Making a false
declaration.

.ORDINANCE. 'No. 6 of 1884.

Medical Registration.

and such evidence shall, without delay, he taken fully and fairly into
consideration by the board. If the board are satisfied that the evidence
establishes sufficient proof that the practitioner has passed through a
course of study and exNminatious as aforesaid, they shall give to such
practitioner a certificate to that effect, according to the form D in the

r.

schedule to this Ordinance, and such certificate when. impressed with a_
stamp for duty by way of registration fee of $25 shall be to the Colonial
Secretary authority for registering the practitioner accordingly. If the
board are not satisfied, they shall submit the case, with a full report
of-
their opinions about it, and of the grounds on which those opinions are

based, to the Governor in Council, for decision as to whether they shall

or shall x~ot give the certificate as aforesaid ; such decision shall be
final,

and, if 'in the applicant's favour, shall entitle him to have given to him
such a certificate as aforesaid.

Striking off 14. If any practitioner registered under this Ordinance is
convicted
the register. of any felony op misdemeanour or after due inquiry is
considered by

the medical board to have been guilty of infamous conduct in any pro-
fessional respect, the medical board may, if they think fit, inform the -
Colonial Secretary thereof stating the particulars of the case in full,
and
the Colonial Sec,retary may thereupon if he thinks fit, strike the name of
such practitioner off the register. .
15. All questions respecting the right of any person to be registered,
or the mode of registration, or the liability of any person to be struck
ofd
the register, and all questions respecting any alteration of the register,
shall, in oa,se of dispute, be decided, subject to an appeal, to the
Governor
in Council ,~It thve is no such appeal, the order, direction, or decision
shall be final. If there is such an appeal, the decision of the Governor in
Council shall be final, and he may give all such directions to the
Colonial
Secretary as may be necessary for. enforcing such decision.
16. Any person who wilfully makes before any Justice of the Peace
any false declaration, purporting to be a declaration under this
Ordinance,

shall be guilty of perjury.
17. If any person fraudulently procures or attempts to procure
himself or a.ny other person to, be registered under this Ordinance by
making. or producing, or causing to be made or produced, any false or
fraudulent representation or deolaration, either orally or in writing, ,
he
and every person aiding and assisting him therein shall be guilty.of a.

Fraudulent
registration.
ORDINANCE Wo'.,. 6 &`I884:

Medical .Registration.

misdemeanour, and shall, nn conviction thereof, be liable to be
imprisoned,
with or without hard labour, for any term not exceeding two years.

18. Any person mho after the 3rd day of ,11vy, 1884, wili'ully or penalty
on
unregistered
falsely takes or uses in this Colony any name or title or addition, imply-
persons.
ink a qualification to practise medicine or surgery, or who not being
-either registered under this Ordinance or entitled to the benefit of
section
2V of this Ordinance practises for lain or professes to practise or
publishes
his name as practising medicine or surgery or receives any payment as
practising medicine or surgery, shall be liable for each offence, on
salaarnary
conviction before a Police 11Za;(ristrate, ton penalty not exceeding ogle
hundred dollars.

19. All civil medical officers and all inedicah officers of Her Ma-,

jesty's Army and Navy, respectively serving ~ u nongkon~ on full pay,
shall be deemed to be registered under this'Ordinance.

20. Any person nctually,, practising medicine or surgery in the
Colony at the date of the commencement of this-,Ordinance and objecting
to, be registered under its provisions who before the 3rd day of May,
1884,
satisfies the Colonial Secretary that he yeas so practising shall be
deemed
to be a person entitled to the benefit of this section.
The Colonial Secretary shall publish a~ list of the names of all such
persons in the Gazette of the 3rd day of May, 1884, and a copy of the
said Gazette shall be primd facie evidence in all legal proceedings that
the persons therein specified are persons entitled to the benefit of this
section and the absence of the name of any person from such copy shall
be p im c2 facie evidence to the contrary.

Form A.

Persons qualified to practise medicine and surgery.

Name.

Address. Nature of
qualifieation.

D ate of
qualification.

Civil, Army
andNavyMei3-
ical officers.
deemed
registered.

Persons tLetU-
ally practis-
ing and ob-
jeating to U
registered.
O RDI NINC E No. G of .1884:

Medical Registration:

Form B.

I, A.B., residing at , ,

do hereby
declare, that 1' am a member (ur as the case may be) of (here state the
college, faculty,
or society) and was authorised by such (here state the college, faculty,
or society which
gave-the authority) on the day of 18 , to practise-
medicine and surgery, and that I am by the name of A.. B., duly
registered in the
United Kingdom under the provisions of the. Act 21 and 22 Victoria,
chapter 90, as
qualified to practise medicine and surgery.

Signed A. B.

Declared before me this day o£ 18

C.D., Justice of (he Peace.

Form C.

I, A.B., Colonial Secretary, do hereby certify that~C.D. has satisfied me
that be is.
a;. medical practitioner, registered as such, and entitled to practise
medicine anal surgery
in (name of Colony,), and I give this certificate accordingly under
section 12 of the
Medical Ordinance; 1$84.

Dated this day of 18

Form D.

Colonial Secretary.

We, the medical board, do hPrebyr certify that A.B. has satisfied us that
he is a
medical practitioner, holding a diploma (or as the case may be) (granted
to him by as
the case may be) in consequence of his having pass. through a coarse of
study and
examinations as thorough and sufficient as is the minimum course in such
a case
approved by 'Her Majesty's Most honourable Privy Council under section
21. of the
Act of Parliament 21, and 22 Victoria, chapter 90, and we give this
certificate accord-
ingly under section 13 of the Medical Ordinance, 1884. ^

A

Dated this day of 1$

(To be signed by a majority of the Board).
1785
Commencement of Ordinance.
Ordinance not applicable to Chinese practitioners.
Colonial Secretary to keep register.
Copy of register to be published in the Gazette.
Alternations may be made in the register.
1786
Registered persons entitled to practise and to demand charges.
Unregistered persons cannot recover charges.
Interpretation of terms.
Certificate of unregistered person void.
The Medical Board.
Production of certain papers necessary before registration.
1787
Persons registered in Colonies entitled to be registered here.
Persons holding diplomas, &c. entitled to be registered.
1788
Striking off the register.
Appeal to Governor in Council.
Making false declaration.
Fraudulent registration.
1789
Penalty on unregistered persons.
Civil, Army and Navy Medical Officers, deemed registered.
Persons actually practising and objecting to be registered.

1785
Commencement of Ordinance.
Ordinance not applicable to Chinese practitioners.
Colonial Secretary to keep register.
Copy of register to be published in the Gazette.
Alternations may be made in the register.
1786
Registered persons entitled to practise and to demand charges.
Unregistered persons cannot recover charges.
Interpretation of terms.
Certificate of unregistered person void.
The Medical Board.
Production of certain papers necessary before registration.
1787
Persons registered in Colonies entitled to be registered here.
Persons holding diplomas, &c. entitled to be registered.
1788
Striking off the register.
Appeal to Governor in Council.
Making false declaration.
Fraudulent registration.
1789
Penalty on unregistered persons.
Civil, Army and Navy Medical Officers, deemed registered.
Persons actually practising and objecting to be registered.

https://oelawhk.lib.hku.hk/items/show/450

1890

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No. 6 of 1884

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