VACCINATION ORDINANCE, 1890
Title
VACCINATION ORDINANCE, 1890
Description
ORDINANCE No. 2 OF 1890.
Vaccination
AN ORDINANCE to amend the Law relating to Infant Vaccina-
tion and to provide for the Registration of Persons vaccinat-
ed in the Colony.
[1st October,1890.]
BE it enacted by the Governor of Hongkong,with the advice and
consent of the Legislative Council thereof, as follows:-
1.This Ordinance may be cited as the Vaccination Ordinance,1890.
2.In this Ordinance and in any rules and regulations made there-
under,unless the context otherwise requires,-
'Parent' means the father of any child,or,in the event of the
dealt,illness,or inability of the father,then the brother:
'Guardian' means the person who for the time being has the
care,nurture,or custody of any child:
'Medical Practitioner' means any surgeon,physician,or medical
practitioner registered as such under any Ordinance for the time
being in force relating to the registration of medical practitioners:
'Public Vaccinator' means any person authorized and appointed
by the Governor under the provisions of this Ordinance for the
special purpose of vaccinating persons:
'Child' means any person under fourteen years of age.
3.It shall be lawful for the Governor to appoint such duly qualifies
persons as he may deem fit to be Public Vaccinators within the Colony,
and to appoint such local stations or places within the City of Victoria
and in the Villages of Hongkong and Kowloon as he may deem exped-
ient for the purposes of public vaccination;and such Public Vaccinators
shall,subject to any rules and regulations from time to time in force,
vaccinate all persons who may come to them at such local stations or
places for that purpose.
4.It shall also be lawful for the Governor in his discretion to appoint
some fit person,to be called the Inspector of Vaccination,for the pur-
pose of securing the due performance by the Public Vaccinators of all
vaccinations and of inspecting the results thereof.
5.The Governor-in-Council shall have power from time to time to
make,alter,amend,or cancel rules and regulations for the purposes of
this Ordinance in respect of the matters hereinafter mentioned,but such
rules and regulations and any alteration,amendment,or cancellation
thereof shall have no force or effect until punished in The Gazette;
namely,-
(1.)the duties and powers of all officers appointed under this Ordi-
nance;
(2.)the remuneration,if any,to be paid for vaccination by a Public
Vaccinator and the time and place of vaccination;and
(3.)all such other matters not hereinbefore specifically mentioned
which may conduce to the better carrying ou tog this Ordinance.
6.-(1.)The parent or guardian of any child resident within the Col-
ony,if the child is six months old or more,and has not been already
successfully vaccinated,(proof of which successful vaccination may be required by the Registrar General)shall cause the child to be vaccin-
ated by a medical practitioner or Public Vaccinator.
(2.)Such medical practitioner or Public Vaccinator shall,on personal
inspection of the successful vaccination of the child,furnish the parent
or guardian with a certificate of the successful vaccination of the child
in the Form No. 1 in the Schedule to this Ordinance,and the parent or
guardian shall,within seven days after the date thereof,lodge the certi-
ficate with the Registrar General,who shall preserve the same.
7.-(1.)If any medical practitioner or Public Vaccinator is of opin-
ion that any child is not a fit and proper subject to be successfully vac-
cinated,he shall thereupon deliver to the parent or guardian of the
child a certificate,in the Form No. 2 in the Schedule to this Ordinance,
that the child is unfit for successful vaccination,and such certificate
shall remain in force for two months from its delivery as aforesaid.
(2.)If the child is not successfully vaccinated at the termination of
such period of two months,then the certificate,on the application of
the parent or guardian,shall be renewed by a medical practitioner or
Public Vaccinator during each succeeding period of two months until
the child has been successfully vaccinated;and the renewal shall be
indorsed on the certificate and dated as of the date of such renewal, and
shall be signed by the medical practitioner or Public Vaccinator grant-
ing the further certificate.
(3.)The production of such certificate of unfitness for successful
vaccination shall be a sufficient denfence against any complaint which may
be brought against the parent or guardian for non-compliance with the
provisions of this Ordinance in respect of the non-vaccination of the
child.
(4.)It shall be lawful for the Governor to appoint some medical prac-
titioner or Public Vaccinator whose duty it shall be to examine gra-
tuitously children on whose behalf are claimed certificates of unfitness
for successful vaccination under this section,and to grant or withhold
such certificates in his discretion.
8.Every certificate granted under the last preceding section shall,on
the granting and on any renewal thereof,be brought within seven days
by the parent or guardian of the child to the Registrar General for
registration,and he shall enter the particulars of the same in a book to
be kept by him for that purpose.
9.If any medical practitioner or Public Vaccinator finds that a child
whom he has three times unsuccessfully vaccinated is insusceptible of
successful vaccination,or that a child brought to him for vaccination
has already had the small-pox,he shall deliver to the parent or guard-
ian of the child a certificate in the Form No.3 in the Schedule to this
Ordinance, or to the like effect, and the parent or guardian shall thenceforth
not be required to cause the child to be vaccinated.
10. Such parent or guardian shall, within seven days after the date
of the certificate, lodge the sane with the Registrar General, and that
officer shall enter in the Registry of Births kept by him the word 'Insusceptible'
opposite the name of the child in respect of which the
certificate has been given, and the notice mentioned in section 13 shall
not be servod by the Registrar Genreal.
11. The Registrar General shall enter is the Registry of Births kept
by him the word ' Vaccinated' opposite the name of every child whose
vaccination has been certified.
12.-(l.) There shall be kept at each local vaccination station or place
appointed under this Ordinance a register of all persons vaccinated by
a Public Vaccinator.
(2.) The register shall he called 'The Public Vaccinator's Register.'
and the entries therein shall be made at the time of vaccination by
the Public Vaccinator according to the form and particulars in the
Form No. 4 in the Schedule to this Ordinance.
(3.) The Public Vaccinator at each station shall, once in every month,
cause a return to be made of all such entries to the Registrar General,
who shall preserve the same.
13.-(1.)Where any child after six months from its birth, whether
born within the Colony or not, is found to be resident, within the Colony,
and the parent or guardian of the child has failed to satisfy the Regis-
trar General of the successful vaccination or of the unfitness for successful
vaccination of the child, or of the insusceptibility of successful vaccinaction
of the child, the Registrar General shall serve on the parent
or guardian, as the case may be, a written notice in the Form No. 5 in
the Schedule to this Ordinance.
(2.) If, within one month after his receipt of such notice, the parent
or guardian has not produred to the Refistrar General a proper certificate,
the parent or guardian shall, on conviction before a Magistrate,
be liable to a penalty not exceeding five, dollars, and if the parent or
guardian of the child afterwards continues to refuse or neglect to cause
the child to be vaccinated, the parent or guairdian shall, on conviction
before a Magistrate, he liable to a penalty trot exceeding fifty dollars:
Provided always that no parent or guardian shall be liable to any
penalty or punishment for not having his child vaccinated at any time
between the first day of May and the thirtieth day of September in any
year, both days inclusive.
14. Everv person who-
(1.) produces or attempts to produce, in himself or in any other person,
by inculation with various matter or by wilful exposure to
various matter; or
(2.) wilfully, by any other means whatsoever, produces the disease of
small-pox.
shall, on conviction before a Magistrate, be liable to a penalty not
exceeding two hundred and fifty dollars or to imprisonment for any
term not exceeding six months.
15. All proceedings under this Ordinance shall be in the name of the,
Registrar General.
16.-(1.) The service of any notice under this Ordinance shall be
deemed sufficient and valid if such notice is left or served by any person
generally authorized by the Registrar General in that behalf at the last-
known place of abode or business of the person mentioned therein.
(2.) All acts and things required by this Ordinance to be executed
and done by the Registrar Gerenal may, under his control and supervision
be executed and done by any person duty authorized by him for
that purpose.
SCHEDULE.
FORMS.
FORMS NO. 1.
Certificate of Successful Vaccination.
I, the undersigned, hereby certify that [fill in name, if any, date of birth,
sex, and parentage of child] of has been successfully vaccinated by me.
Dated I be day of , 1
(Signed.)
A.B.,
[Medical Practitioner or Public
Vaccinator, as the case
may be.]
FORM No, 2,
Certificate of Successful Vaccination.
I, the undersigned, hereby certify that I am of opinion that [fill in name,
if any, date of birth, sex, and parentage of child] of is not now in a
fit and proper state to be successfully vaccinated for the following reasons,
viz.:
and that I have recommended the postponement of the vaccination until the
day of , 1 .
Dated the day of , 1 .
(Signed)
A. B.
[Medical Practitioner or Public
Vaccinator, as the case
may be.]
FORMS NO. 3.
Certificate of Successful Vaccination.
I, the undersigned, hereby certify that I am of opinion that
of aged is insusceptible of Vaccine Disease.
Dated the day of , 1 .
(Signed.)
A.B.,
[Medical Practitioner or Public
Vaccinator, as the case
may be.]
FORM NO. 4
Register of Public Vaccinator.
Public Vaccinator's Register at Station.
Public Vaccinator. FORM NO.5.
Notice to Parent or Guardian.
To [insert name of Parent or Guandian].
Take notice that [insert name of child, if any,and its sex] must be vaccinated
under the provisions of the Vaccination Ordinance ,1890:and unless
you produce to me, within one month from the receipt of this notice, a cer-
tificate of the vaccination of the said child,or of the unfitness of the said
child for successful vaccination,or of the insusceptibility of successful vac-
cination of the said child, or otherwise satisfy me that the said child has been
successfully vaccinated, you are liable to a penalty of five dollars.
Dated the day of ,1
(Signed.)
Registrar Genreral.
A.D. 1890. Ordinance No. 5 of 1890, with Ordinance No. 4 of 1897 incorporated. Short title. Interpretation of terms. See Ordinance No. 1 of 1884. Appointment and duties of public vaccinators, etc. Appointment and duties of Inspector of Vaccination. Making of rules and regulations. Duty of parent or guardian to have child of six months or more vaccinated.
Schedule: Form No. 1.
Giving and effect of certificate of unfitness for successful vaccination. Schedule: Form No. 2.
Registration of certificate of unfitness for successful vaccination.
Giving and effect of certificate of insusceptibility of successful vaccination. Schedule: Form No. 3. Registration of certificate of insusceptibility of successful vaccination. Registration of child vaccinations. Registration of person vaccinated publicly. Schedule: Form No. 4. Service of notice on parent or guardian of unvaccinated child, and consequences thereof. Schedule: Form No. 5. Penalty for inoculation. Taking of proceedings. Service of notice, etc. Section 6. Section 7. Section 9. Section 12. Section 13.
Vaccination
AN ORDINANCE to amend the Law relating to Infant Vaccina-
tion and to provide for the Registration of Persons vaccinat-
ed in the Colony.
[1st October,1890.]
BE it enacted by the Governor of Hongkong,with the advice and
consent of the Legislative Council thereof, as follows:-
1.This Ordinance may be cited as the Vaccination Ordinance,1890.
2.In this Ordinance and in any rules and regulations made there-
under,unless the context otherwise requires,-
'Parent' means the father of any child,or,in the event of the
dealt,illness,or inability of the father,then the brother:
'Guardian' means the person who for the time being has the
care,nurture,or custody of any child:
'Medical Practitioner' means any surgeon,physician,or medical
practitioner registered as such under any Ordinance for the time
being in force relating to the registration of medical practitioners:
'Public Vaccinator' means any person authorized and appointed
by the Governor under the provisions of this Ordinance for the
special purpose of vaccinating persons:
'Child' means any person under fourteen years of age.
3.It shall be lawful for the Governor to appoint such duly qualifies
persons as he may deem fit to be Public Vaccinators within the Colony,
and to appoint such local stations or places within the City of Victoria
and in the Villages of Hongkong and Kowloon as he may deem exped-
ient for the purposes of public vaccination;and such Public Vaccinators
shall,subject to any rules and regulations from time to time in force,
vaccinate all persons who may come to them at such local stations or
places for that purpose.
4.It shall also be lawful for the Governor in his discretion to appoint
some fit person,to be called the Inspector of Vaccination,for the pur-
pose of securing the due performance by the Public Vaccinators of all
vaccinations and of inspecting the results thereof.
5.The Governor-in-Council shall have power from time to time to
make,alter,amend,or cancel rules and regulations for the purposes of
this Ordinance in respect of the matters hereinafter mentioned,but such
rules and regulations and any alteration,amendment,or cancellation
thereof shall have no force or effect until punished in The Gazette;
namely,-
(1.)the duties and powers of all officers appointed under this Ordi-
nance;
(2.)the remuneration,if any,to be paid for vaccination by a Public
Vaccinator and the time and place of vaccination;and
(3.)all such other matters not hereinbefore specifically mentioned
which may conduce to the better carrying ou tog this Ordinance.
6.-(1.)The parent or guardian of any child resident within the Col-
ony,if the child is six months old or more,and has not been already
successfully vaccinated,(proof of which successful vaccination may be required by the Registrar General)shall cause the child to be vaccin-
ated by a medical practitioner or Public Vaccinator.
(2.)Such medical practitioner or Public Vaccinator shall,on personal
inspection of the successful vaccination of the child,furnish the parent
or guardian with a certificate of the successful vaccination of the child
in the Form No. 1 in the Schedule to this Ordinance,and the parent or
guardian shall,within seven days after the date thereof,lodge the certi-
ficate with the Registrar General,who shall preserve the same.
7.-(1.)If any medical practitioner or Public Vaccinator is of opin-
ion that any child is not a fit and proper subject to be successfully vac-
cinated,he shall thereupon deliver to the parent or guardian of the
child a certificate,in the Form No. 2 in the Schedule to this Ordinance,
that the child is unfit for successful vaccination,and such certificate
shall remain in force for two months from its delivery as aforesaid.
(2.)If the child is not successfully vaccinated at the termination of
such period of two months,then the certificate,on the application of
the parent or guardian,shall be renewed by a medical practitioner or
Public Vaccinator during each succeeding period of two months until
the child has been successfully vaccinated;and the renewal shall be
indorsed on the certificate and dated as of the date of such renewal, and
shall be signed by the medical practitioner or Public Vaccinator grant-
ing the further certificate.
(3.)The production of such certificate of unfitness for successful
vaccination shall be a sufficient denfence against any complaint which may
be brought against the parent or guardian for non-compliance with the
provisions of this Ordinance in respect of the non-vaccination of the
child.
(4.)It shall be lawful for the Governor to appoint some medical prac-
titioner or Public Vaccinator whose duty it shall be to examine gra-
tuitously children on whose behalf are claimed certificates of unfitness
for successful vaccination under this section,and to grant or withhold
such certificates in his discretion.
8.Every certificate granted under the last preceding section shall,on
the granting and on any renewal thereof,be brought within seven days
by the parent or guardian of the child to the Registrar General for
registration,and he shall enter the particulars of the same in a book to
be kept by him for that purpose.
9.If any medical practitioner or Public Vaccinator finds that a child
whom he has three times unsuccessfully vaccinated is insusceptible of
successful vaccination,or that a child brought to him for vaccination
has already had the small-pox,he shall deliver to the parent or guard-
ian of the child a certificate in the Form No.3 in the Schedule to this
Ordinance, or to the like effect, and the parent or guardian shall thenceforth
not be required to cause the child to be vaccinated.
10. Such parent or guardian shall, within seven days after the date
of the certificate, lodge the sane with the Registrar General, and that
officer shall enter in the Registry of Births kept by him the word 'Insusceptible'
opposite the name of the child in respect of which the
certificate has been given, and the notice mentioned in section 13 shall
not be servod by the Registrar Genreal.
11. The Registrar General shall enter is the Registry of Births kept
by him the word ' Vaccinated' opposite the name of every child whose
vaccination has been certified.
12.-(l.) There shall be kept at each local vaccination station or place
appointed under this Ordinance a register of all persons vaccinated by
a Public Vaccinator.
(2.) The register shall he called 'The Public Vaccinator's Register.'
and the entries therein shall be made at the time of vaccination by
the Public Vaccinator according to the form and particulars in the
Form No. 4 in the Schedule to this Ordinance.
(3.) The Public Vaccinator at each station shall, once in every month,
cause a return to be made of all such entries to the Registrar General,
who shall preserve the same.
13.-(1.)Where any child after six months from its birth, whether
born within the Colony or not, is found to be resident, within the Colony,
and the parent or guardian of the child has failed to satisfy the Regis-
trar General of the successful vaccination or of the unfitness for successful
vaccination of the child, or of the insusceptibility of successful vaccinaction
of the child, the Registrar General shall serve on the parent
or guardian, as the case may be, a written notice in the Form No. 5 in
the Schedule to this Ordinance.
(2.) If, within one month after his receipt of such notice, the parent
or guardian has not produred to the Refistrar General a proper certificate,
the parent or guardian shall, on conviction before a Magistrate,
be liable to a penalty not exceeding five, dollars, and if the parent or
guardian of the child afterwards continues to refuse or neglect to cause
the child to be vaccinated, the parent or guairdian shall, on conviction
before a Magistrate, he liable to a penalty trot exceeding fifty dollars:
Provided always that no parent or guardian shall be liable to any
penalty or punishment for not having his child vaccinated at any time
between the first day of May and the thirtieth day of September in any
year, both days inclusive.
14. Everv person who-
(1.) produces or attempts to produce, in himself or in any other person,
by inculation with various matter or by wilful exposure to
various matter; or
(2.) wilfully, by any other means whatsoever, produces the disease of
small-pox.
shall, on conviction before a Magistrate, be liable to a penalty not
exceeding two hundred and fifty dollars or to imprisonment for any
term not exceeding six months.
15. All proceedings under this Ordinance shall be in the name of the,
Registrar General.
16.-(1.) The service of any notice under this Ordinance shall be
deemed sufficient and valid if such notice is left or served by any person
generally authorized by the Registrar General in that behalf at the last-
known place of abode or business of the person mentioned therein.
(2.) All acts and things required by this Ordinance to be executed
and done by the Registrar Gerenal may, under his control and supervision
be executed and done by any person duty authorized by him for
that purpose.
SCHEDULE.
FORMS.
FORMS NO. 1.
Certificate of Successful Vaccination.
I, the undersigned, hereby certify that [fill in name, if any, date of birth,
sex, and parentage of child] of has been successfully vaccinated by me.
Dated I be day of , 1
(Signed.)
A.B.,
[Medical Practitioner or Public
Vaccinator, as the case
may be.]
FORM No, 2,
Certificate of Successful Vaccination.
I, the undersigned, hereby certify that I am of opinion that [fill in name,
if any, date of birth, sex, and parentage of child] of is not now in a
fit and proper state to be successfully vaccinated for the following reasons,
viz.:
and that I have recommended the postponement of the vaccination until the
day of , 1 .
Dated the day of , 1 .
(Signed)
A. B.
[Medical Practitioner or Public
Vaccinator, as the case
may be.]
FORMS NO. 3.
Certificate of Successful Vaccination.
I, the undersigned, hereby certify that I am of opinion that
of aged is insusceptible of Vaccine Disease.
Dated the day of , 1 .
(Signed.)
A.B.,
[Medical Practitioner or Public
Vaccinator, as the case
may be.]
FORM NO. 4
Register of Public Vaccinator.
Public Vaccinator's Register at Station.
Public Vaccinator. FORM NO.5.
Notice to Parent or Guardian.
To [insert name of Parent or Guandian].
Take notice that [insert name of child, if any,and its sex] must be vaccinated
under the provisions of the Vaccination Ordinance ,1890:and unless
you produce to me, within one month from the receipt of this notice, a cer-
tificate of the vaccination of the said child,or of the unfitness of the said
child for successful vaccination,or of the insusceptibility of successful vac-
cination of the said child, or otherwise satisfy me that the said child has been
successfully vaccinated, you are liable to a penalty of five dollars.
Dated the day of ,1
(Signed.)
Registrar Genreral.
A.D. 1890. Ordinance No. 5 of 1890, with Ordinance No. 4 of 1897 incorporated. Short title. Interpretation of terms. See Ordinance No. 1 of 1884. Appointment and duties of public vaccinators, etc. Appointment and duties of Inspector of Vaccination. Making of rules and regulations. Duty of parent or guardian to have child of six months or more vaccinated.
Schedule: Form No. 1.
Giving and effect of certificate of unfitness for successful vaccination. Schedule: Form No. 2.
Registration of certificate of unfitness for successful vaccination.
Giving and effect of certificate of insusceptibility of successful vaccination. Schedule: Form No. 3. Registration of certificate of insusceptibility of successful vaccination. Registration of child vaccinations. Registration of person vaccinated publicly. Schedule: Form No. 4. Service of notice on parent or guardian of unvaccinated child, and consequences thereof. Schedule: Form No. 5. Penalty for inoculation. Taking of proceedings. Service of notice, etc. Section 6. Section 7. Section 9. Section 12. Section 13.
Abstract
A.D. 1890. Ordinance No. 5 of 1890, with Ordinance No. 4 of 1897 incorporated. Short title. Interpretation of terms. See Ordinance No. 1 of 1884. Appointment and duties of public vaccinators, etc. Appointment and duties of Inspector of Vaccination. Making of rules and regulations. Duty of parent or guardian to have child of six months or more vaccinated.
Schedule: Form No. 1.
Giving and effect of certificate of unfitness for successful vaccination. Schedule: Form No. 2.
Registration of certificate of unfitness for successful vaccination.
Giving and effect of certificate of insusceptibility of successful vaccination. Schedule: Form No. 3. Registration of certificate of insusceptibility of successful vaccination. Registration of child vaccinations. Registration of person vaccinated publicly. Schedule: Form No. 4. Service of notice on parent or guardian of unvaccinated child, and consequences thereof. Schedule: Form No. 5. Penalty for inoculation. Taking of proceedings. Service of notice, etc. Section 6. Section 7. Section 9. Section 12. Section 13.
Schedule: Form No. 1.
Giving and effect of certificate of unfitness for successful vaccination. Schedule: Form No. 2.
Registration of certificate of unfitness for successful vaccination.
Giving and effect of certificate of insusceptibility of successful vaccination. Schedule: Form No. 3. Registration of certificate of insusceptibility of successful vaccination. Registration of child vaccinations. Registration of person vaccinated publicly. Schedule: Form No. 4. Service of notice on parent or guardian of unvaccinated child, and consequences thereof. Schedule: Form No. 5. Penalty for inoculation. Taking of proceedings. Service of notice, etc. Section 6. Section 7. Section 9. Section 12. Section 13.
Identifier
https://oelawhk.lib.hku.hk/items/show/653
Edition
1901
Volume
v1
Subsequent Cap No.
141
Cap / Ordinance No.
No. 2 of 1890
Number of Pages
7
Files
Collection
Historical Laws of Hong Kong Online
Citation
“VACCINATION ORDINANCE, 1890,” Historical Laws of Hong Kong Online, accessed April 17, 2025, https://oelawhk.lib.hku.hk/items/show/653.