Contents of Section

Chapter:

359 PDFTitle:SUPPLEMENTARY MEDICAL PROFESSIONS ORDINANCEGazette Number:L.N. 130 of 2007
Section:29Heading:RegulationsVersion Date:01/07/2007

Remarks:

    For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph (12) of that Resolution.

(1) The Chief Executive in Council may by regulation provide for the fees to be paid in connection with matters within the scope of this Ordinance. (Replaced 80 of 1997 s. 21. Amended 37 of 2000 s. 3)
(1A) The Secretary for Food and Health may by regulation provide for- (Amended L.N. 106 of 2002; L.N. 130 of 2007)
        (a) the duties of any-
          (i) secretary of a board;
          (ii) legal adviser to a board;
        (b) the duties of the members and the officers of the Council or any board;
        (c) anything referred to in this Ordinance as prescribed;
        (d) exempting or providing for the exemption of any specified class of persons from all or any of the provisions of this Ordinance;
        (e) empowering any board to exempt any person from all or any provisions of any regulation made under this section;
        (f) appeals to the Council from any decision of any board; and
        (g) enabling this Ordinance to have full effect. (Added 80 of 1997 s. 21)
(1B) Subject to the approval of the Secretary for Food and Health, the Council may by regulation provide for- (Amended L.N. 106 of 2002; L.N. 130 of 2007)
        (a) the establishment and functions of a committee, for each profession, to be known as the Preliminary Investigation Committee to make such preliminary investigation as it considers appropriate regarding any complaint or information about any registered person or any applicant for registration and to determine whether or not there shall be an inquiry under section 13 or 22;
        (b) 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 while it is inquiring under section 13 or 22 into a complaint or information, in the preliminary investigation of which he took part;
        (c) the form of any certificate, form or other document which is a certificate, form or other document to be used for a purpose of this Ordinance;
        (d) the qualifications, training and experience required in any profession to practise that profession without supervision;
        (e) specifying for the purposes of section 12(1)(a) degrees, diplomas or other documents or experience, and the entry of the names of persons qualified under that section in different parts of the register according to their qualifications and experience;
        (f) the categorization of registered persons in a profession according to their qualifications, training and experience;
        (g) recognition by the board of the experience prescribed under this Ordinance;
        (h) acceptance by the board of experience other than experience prescribed under this Ordinance;
        (i) the conduct of examinations held under this Ordinance;
        (j) the registration of premises used by persons to practise a profession;
        (k) the licensing of premises referred to in paragraph (j);
        (l) the furnishing of information;
        (m) regulating the conduct of persons other than registered persons while assisting registered persons in the practice of a profession;
        (n) for the purpose of section 10(1), the form and number of parts of every register to be kept and the particulars to be entered in such parts of the register;
        (o) the manner in which applications for registration shall be made;
        (p) the receipt of complaints or information about any registered person or any applicant for registration;
        (q) the procedure to be followed in relation to-
          (i) the submission of complaints or information to any Preliminary Investigation Committee;
          (ii) the preliminary investigation of any complaint or information by any Preliminary Investigation Committee;
          (iii) the formulation of charges arising out of any complaint or information;
          (iv) the reference of any matter by a Preliminary Investigation Committee to a board;
          (v) inquiries held by a board under section 13 or 22;
        (r) the service of notices. (Added 80 of 1997 s. 21)
(2) Regulations made under this section may provide-
        (a) that the contravention of any particular regulation shall constitute an offence and may prescribe penalties for any such offence not exceeding a fine of $5000 or imprisonment for 1 year or both such fine and such imprisonment; and (Amended 80 of 1997 s. 21)
        (b) for different fees to be paid by different categories of a profession. (Amended 80 of 1997 s. 21)
        (c)-(d) (Repealed 80 of 1997 s. 21)
(3) The Secretary for Food and Health may by regulations- (Amended L.N. 106 of 2002; L.N. 130 of 2007)
        (a) prohibit, restrict or otherwise regulate, the practice otherwise than under supervision, by registered persons of their profession where those persons have not the qualifications, training or experience prescribed under subsection (1B)(d) in relation to the profession;
        (b) prohibit, restrict or otherwise regulate the performance, or engagement in, in the course of practising their professions by registered persons, of any function or activity specified in the regulations;
        (c) prescribe particulars of any supervision required by regulations under this section. (Added 70 of 1989 s. 9. Amended 80 of 1997 s. 21)
(4) Regulations under subsection (3) may-
        (a) apply to registered persons generally;
        (b) apply by reference to any qualification, training or experience specified in the regulations; or
        (c) apply to registered persons who are of a class, category or other description specified in the regulations. (Added 70 of 1989 s. 9)
(5) In this section-
"supervision" (監督) in relation to a profession means supervision prescribed under subsection (3)(c) and applicable to that profession. (Added 70 of 1989 s. 9)