An Ordinance to make provisions for the registration of practitioners in Chinese medicine; the licensing of traders in Chinese medicines; the registration of proprietary Chinese medicines; and other related matters. [Sections 1 to 50 (except sections 7(a)(ii), 9(a), 18(a)(ii), 20(a), 35(a)(ii), 37(a) and 40(2)), 112, 113, 154, 157, 159 and 161 and Schedules 1 to 5］ 6 August 1999 L.N. 214 of 1999 Sections 7(a)(ii), 9(a), 18(a)(ii), 20(a), 35(a)(ii), 37(a), 40(2), 51 to 107 (except section 90(8)), 160 and 166 16 August 2000 L.N. 250 of 2000 Sections 108(1), (2), (3)(b), (4) and (5)(b), 151, 164(a)(i) and (ii) and (b) and 168(b) 1 March 2002 L.N. 6 of 2002 Sections 164(a)(iii), 165, 168(a) and 170(a) and (b) 1 March 2002 (partly in operation) L.N. 6 of 2002 Sections 108(3)(a) and (5)(a), 114 to 118, 132, 133, 135 to 141, 145 to 149 and 153 30 April 2003 L.N. 53 of 2003 Sections 120 to 128, 130, 162, 163, 167 and 175 19 December 2003 L.N. 227 of 2003] (Originally 47 of 1999) Cap 549 s 1 Short title and commencement PART I PRELIMINARY (1) This Ordinance may be cited as the Chinese Medicine Ordinance. (2) This Ordinance shall come into operation on a day to be appointed by the Secretary for Health, Welfare and Food by notice in the Gazette, and different days may be so appointed for different provisions. (Amended L.N. 106 of 2002) Cap 549 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "active ingredient" (有效成分) in relation to a proprietary Chinese medicine, means a substance or compound that is used or is intended to be used in the manufacture of the proprietary Chinese medicine and that contributes to the pharmacological effect or effects of the proprietary Chinese medicine; "board" (组) means the Practitioners Board or the Medicines Board established under section 12; "certificate of registration" (注册证明书)- (a) in relation to a registered Chinese medicine practitioner registered under section 69, means a certificate issued under section 72; (b) in relation to a proprietary Chinese medicine, means a certificate issued under section 121;"Chairman" (管委会主席) means the Chairman of the Council and includes any person elected to act as temporary Chairman at any meeting of the Council in accordance with the standing orders made under section 49; "Chinese herbal medicine" (中药材) means any of the substances specified in Schedule 1 or 2; "Chinese Medicines Committee" (中药管理小组) means the committee established under section 25(1)(b)(i); "Chinese Medicines Traders Committee" (中药业管理小组) means the committee established under section 25(1)(b)(ii); "committee" (小组) means a committee established under section 25 or 39; "Council" (管委会) means the Chinese Medicine Council of Hong Kong established under section 3; "Director" (署长) means the Director of Health or a Deputy Director of Health; "Disciplinary Committee of Chinese Medicine Practitioners" (纪律小组) means the committee established under section 25(1)(a)(iii); "dispense" (配发) means the preparation and supply of Chinese herbal medicines on or in accordance with a prescription given by a registered Chinese medicine practitioner, a listed Chinese medicine practitioner or a person who continues to practise Chinese medicine by virtue of section 90(7), and "dispensing" (配发) and "dispenser" (配剂员) shall be construed accordingly; "domestic premises" (住用处所) means any premises which are constructed or intended to be used for habitation; "due inquiry" (适当的研讯) means an inquiry by the Practitioners Board conducted substantially in accordance with the prescribed procedure; "Examination Committee" (考试小组) means the committee established under section 25(1)(a)(ii); "functions" (职能) includes duties and powers; "label" (标签) includes any statement forming part of or affixed to the container or package of Chinese herbal medicines or proprietary Chinese medicines; "Licensing Examination" (执业资格试) means the Chinese Medicine Practitioners Licensing Examination set and conducted by the Practitioners Board under section 59; "limited registration" (有限制注册) means registration under section 85; "listed Chinese medicine practitioner" (表列中医) means a Chinese medicine practitioner whose name is entered on the list maintained by the Practitioners Board under section 90; "manufacture" (制造) in relation to a proprietary Chinese medicine, means the preparation, production, packing or re-packing of the proprietary Chinese medicine for sale or distribution, and "manufacturer" (制造商) shall be construed accordingly; "manufacturer licence" (制造商牌照) means a licence issued under section 132; "Medicines Board" (中药组) means the Chinese Medicines Board established under section 12(b); "package" (包装)- (a) means any box, packet or other article in which any proprietary Chinese medicine is enclosed; and (b) in the case where such box, packet or other article is enclosed in one or more other boxes, packets or other articles, includes each of the boxes, packets or articles in question;"package insert" (说明书) means any leaflet, notification or other written material supplied with the package of a proprietary Chinese medicine to provide information in respect of the proprietary Chinese medicine, but does not include a label; "practising certificate" (执业证明书) means a certificate issued under section 76; "practising Chinese medicine" (作中医执业、以中医方式行医) means any of the following act or activities- (a) the diagnosis, treatment, prevention or alleviation of any disease or any symptom of a disease; (b) the prescription of Chinese herbal medicines or proprietary Chinese medicines; (c) the regulation of the functional states of the human body,on the basis of traditional Chinese medicine in general practice, acupuncture or bone-setting, and "Chinese medicine practice" or "practice of Chinese medicine" (中医执业) shall be construed accordingly; "Practitioners Board" (中医组) means the Chinese Medicine Practitioners Board established under section 12(a); "prescribed" (订明) means prescribed by regulations made under section 161; "process" or "processing" (炮制) means any type of treatment or preparation applied to a Chinese herbal medicine or mixture of Chinese herbal medicines based on traditional Chinese medicine before it is being- (a) offered for sale; (b) supplied to a patient; or (c) used for the manufacture of a proprietary Chinese medicine;"proprietary Chinese medicine" (中成药) means any proprietary product- (a) composed solely of the following as active ingredients- (i) any Chinese herbal medicines; or (ii) any materials of herbal, animal or mineral origin customarily used by the Chinese; or (iii) any medicines and materials referred to in subparagraphs (i) and (ii) respectively;(b) formulated in a finished dose form; and (c) known or claimed to be used for the diagnosis, treatment, prevention or alleviation of any disease or any symptom of a disease in human beings, or for the regulation of the functional states of the human body;"Register" (注册名册) means the Register of Chinese Medicine Practitioners kept in accordance with section 52; "registered Chinese medicine practitioner" (注册中医)- (a) means a person whose name appears on the Register and who is registered under section 69 or 85; (b) excludes a person whose name is entered on the list maintained by the Practitioners Board under section 90;"registered particulars" (注册详情) means the particulars of a proprietary Chinese medicine required under section 121(1)(b); "Registrar" (注册主任) means the Registrar of Chinese Medicine Practitioners appointed under section 51; "registration assessment" (注册审核) means the assessment conducted by the Practitioners Board under section 94; "Registration Committee" (注册事务小组) means the committee established under section 25(1)(a)(i); "Regulatory Committee of Chinese Medicines Traders" (中药业监管小组) means the committee established under section 25(1)(b)(iii); "retail" or "retailing" (零售) means the selling of any Chinese herbal medicines to a person who obtains the same other than for the purpose of wholesale, and "retailer" (零售商) shall be construed accordingly; "retailer licence" (零售商牌照) means a licence issued under section 114; "Secretary" (局长) means the Secretary for Health, Welfare and Food; (Amended L.N. 106 of 2002) "sell" (销售、出售) includes- (a) offer or expose for sale; (b) supply without payment; and (c) offer or expose for supply without payment,and "sale" (销售) and "seller" (销售商) shall be construed accordingly; "trade of Chinese medicines" (中药业) means the carrying out of business in the dispensing, retailing, wholesale dealing, manufacturing, importing, or processing of any Chinese herbal medicine or proprietary Chinese medicine, as the case may be, and "Chinese medicines trader" (中药业者) shall be construed accordingly; "wholesale" (批发) or "wholesale dealing" (批发交易) means- (a) the importing and selling; or (b) the obtaining and selling,of any Chinese herbal medicine or proprietary Chinese medicine to- (i) a manufacturer; or (ii) a person who obtains such medicine for the purpose of- (A) selling again; or (B) supplying or causing to supply, such medicine to a third party in the course of business or activity carried out by that person,and "wholesaler" and "wholesale dealer" (批发商) shall be construed accordingly; "wholesaler licence in Chinese herbal medicines" (中药材批发商牌照) means a licence issued under section 115; "wholesaler licence in proprietary Chinese medicines" (中成药批发商牌照) means a licence issued under section 135. Cap 549 s 3 Establishment of Council PART II THE CHINESE MEDICINE COUNCIL OF HONG KONG There is established a council called the Chinese Medicine Council of Hong Kong. Cap 549 s 4 Composition of Council The Council shall consist of- (a) the Director who shall be an ex officio member; and (b) the following 18 members, each of whom shall be appointed by the Chief Executive- (i) a Chairman; (ii) 2 public officers; (iii) 5 Chinese medicine practitioners; (iv) 5 persons from the trade of Chinese medicines; (v) 2 persons from educational or scientific research institutions in Hong Kong; and (vi) 3 lay persons. Cap 549 s 5 Terms of appointment of members (1) Subject to subsection (3) and section 7, a member of the Council appointed under section 4(b) shall hold office for such period not exceeding 3 years as may be specified in the letter of his appointment. (2) A member may, upon the expiry of his term of office, be reappointed. (3) A member appointed under section 4(b) or reappointed under subsection (2) may, at any time before the expiry of his term of office, resign his office by giving notice in writing- (a) in the case of a member other than the Chairman, to the Chairman; (b) in the case of the Chairman, to the Chief Executive. Cap 549 s 6 Replacement members Where, before the expiry of his term of office, a member of the Council appointed under section 4(b) resigns or his office becomes vacant, the Chief Executive may appoint a person who is suitably qualified for appointment under section 4(b) to hold office in place of that member until the expiry of the period for which he was appointed. Cap 549 s 7 Vacation of office Where- (a) a member of the Council- (i) is sentenced to imprisonment, whether suspended or not, for any offence by any court or magistrate in Hong Kong or elsewhere; (ii) is the subject of an order made under section 98; or (iii) becomes bankrupt or enters into a voluntary arrangement with his creditors within the meaning of the Bankruptcy Ordinance (Cap 6); or(b) the Chief Executive- (i) is satisfied that a member of the Council is no longer ordinarily resident in Hong Kong; or (ii) is of the opinion that a member of the Council is unable or unfit to perform his duties and exercise his powers as a member of the Council,the Chief Executive may declare his office as a member of the Council to be vacant, and shall notify the fact in such manner as the Chief Executive thinks fit; and upon such declaration the office shall become vacant. Cap 549 s 8 Temporary members (1) If a member of the Council appointed under section 4(b) is, because of illness or any other reasons, unable to perform his duties and exercise his powers as a member of the Council for any period, the Chief Executive may appoint another person who is suitably qualified for appointment under section 4(b), not being one whose office has been declared vacant under section 7 or who is disqualified from holding office under section 9, to be a temporary member of the Council in place of the member during that period. (2) While any person is acting as a temporary member of the Council, he shall be capable of performing all the duties and of executing all the powers of the member whom he is temporarily replacing. Cap 549 s 9 Disqualification Notwithstanding anything in the foregoing provisions, a person- (a) against whom an order under section 98 has at any time been made; (b) who is- (i) undergoing a sentence of imprisonment; (ii) an undischarged bankrupt; (iii) not ordinarily resident in Hong Kong; or(c) whom the Chief Executive considers unfit for appointment,shall not be eligible for appointment or reappointment, as the case may be, as a member of the Council. Cap 549 s 10 Council secretary and legal adviser (1) The Council shall have- (a) a Council secretary; and (b) a legal adviser who shall be a solicitor or counsel.(2) The persons specified in subsection (1)(a) and (b) shall be appointed by the Secretary. Cap 549 s 11 Functions of council (1) The functions of the Council shall be- (a) to ensure adequate standards of professional practice and professional conduct in the profession of Chinese medicine practitioners; (b) to promote professional education of Chinese medicine practitioners; (c) to ensure adequate standards of practice and conduct in the trade of Chinese medicines; (d) to promote and ensure- (i) the proper use of Chinese herbal medicines; (ii) the safety, quality and efficacy of proprietary Chinese medicines;(e) to co-ordinate and supervise the activities of the boards; and (f) to carry out any other functions assigned to it under this Ordinance.(2) Without prejudice to the generality of subsection (1)(e), the Council shall co-ordinate and supervise the activities of the boards by- (a) determining the policies to be implemented by the boards; (b) examining policy matters in relation to the activities of the boards; (c) examining any proposals, recommendations and reports from the boards regarding the activities of the boards or the implementation of policies and directing the boards to amend any of such proposals or recommendations as it thinks fit; (d) directing the boards to implement such policies and activities as it thinks fit; (e) handling appeals against decisions of the boards as provided for under this Ordinance; (f) providing any advice and assistance as may be required by the boards; and (g) exercising its powers under this Ordinance in such manner as it considers most conducive to the satisfactory performance by each board of the board's functions under this Ordinance.(3) In this section, "boards" (各组) means the Practitioners Board and the Medicines Board. Cap 549 s 12 Establishment of boards PART III THE CHINESE MEDICINE PRACTITIONERS BOARD AND THE CHINESE MEDICINES BOARD There are established- (a) the Chinese Medicine Practitioners Board; and (b) the Chinese Medicines Board. Cap 549 s 13 Composition of Practitioners Board The Practitioners Board shall consist of the following members, each of whom shall be appointed by the Secretary- (a) a chairman who shall be a member of the Council; (b) 2 public officers; (c) 6 Chinese medicine practitioners, 2 of whom shall be members of the Council; (d) 1 person from the trade of Chinese medicines; (e) 1 person from an educational or scientific research institution in Hong Kong; and (f) 3 lay persons. Cap 549 s 14 Composition of Medicines Board The Medicines Board shall consist of the following members- (a) the Director who shall be the chairman; and (b) the following persons, each of whom shall be appointed by the Secretary- (i) 2 public officers; (ii) 5 persons from the trade of Chinese medicines, 2 of whom shall be members of the Council; (iii) 2 Chinese medicine practitioners; (iv) 1 person from an educational or scientific research institution in Hong Kong; and (v) 3 lay persons. Cap 549 s 15 Appointment to boards (1) Subject to sections 13 and 14, the Secretary may appoint members of the Council, and persons who are not such members, to be members of the Practitioners Board and the Medicines Board. (2) Unless a contrary intention appears in the context, a reference to a member of a board includes a reference to the chairman of the board. Cap 549 s 16 Terms of appointment of members (1) Subject to subsections (3) and (4) and section 18, a member of the Practitioners Board appointed under section 13 and a member of the Medicines Board appointed under section 14(b), as the case may be, shall hold office for such period not exceeding 3 years as may be specified in the letter of his appointment. (2) A member of a board may, upon the expiry of his term of office, be reappointed. (3) A member of the Practitioners Board appointed under section 13 or reappointed under subsection (2) may, at any time before the expiry of his term of office, resign his office by giving notice in writing- (a) in the case of a member other than the chairman, to the chairman; (b) in the case of the chairman, to the Secretary.(4) A member of the Medicines Board appointed under section 14(b) or reappointed under subsection (2) may, at any time before the expiry of his term of office, resign his office by giving notice in writing to the chairman. Cap 549 s 17 Replacement members Where, before the expiry of his term of office, a member of a board resigns or his office becomes vacant, the Secretary may appoint a person who is suitably qualified for appointment to hold office in place of that member until the expiry of the period for which he was appointed. Cap 549 s 18 Vacation of office Where- (a) a member of a board- (i) is sentenced to imprisonment, whether suspended or not, for any offence by any court or magistrate in Hong Kong or elsewhere; (ii) is the subject of an order made under section 98; or (iii) becomes bankrupt or enters into a voluntary arrangement with his creditors within the meaning of the Bankruptcy Ordinance (Cap 6); or(b) the Secretary- (i) is satisfied that a member of a board is no longer ordinarily resident in Hong Kong; or (ii) is of the opinion that a member of a board is unable or unfit to perform his duties and exercise his powers as a member of the board,the Secretary may declare his office as a member of the board to be vacant, and shall notify the fact in such manner as the Secretary thinks fit; and upon such declaration the office shall become vacant. Cap 549 s 19 Temporary members (1) If a member of a board is, because of illness or any other reasons, unable to perform his duties and exercise his powers as such member for any period, the Secretary may appoint another person suitably qualified for appointment to such membership to be a temporary member in place of the member during that period. (2) While any person is acting as a temporary member of a board, he shall be capable of performing all the duties and of executing all the powers of the member whom he is temporarily replacing. Cap 549 s 20 Disqualification Notwithstanding anything in the foregoing provisions, a person- (a) against whom an order under section 98 has at any time been made; (b) who is- (i) undergoing a sentence of imprisonment; (ii) an undischarged bankrupt; (iii) not ordinarily resident in Hong Kong; or(c) whom the Secretary considers unfit for appointment,shall not be eligible for appointment or reappointment, as the case may be, as a member of a board. Cap 549 s 21 Cessation of membership If during the period of his office, a member of a board who is not a member of the Council when appointed, becomes a member of the Council, he ceases to be a member of the board. Cap 549 s 22 Continuation of membership If during the period when the Practitioners Board or the Medicines Board, as the case may be, is- (a) considering a complaint; (b) considering any information; (c) conducting an inquiry; or (d) conducting a review,a member of the board- (i) gives a notice of resignation; or (ii) ceases to be a member by reason of the expiry of his term of office or other circumstances referred to in section 21,the member may continue to be a member of that board for the purpose of completing the performance of his function in respect of paragraph (a), (b), (c) or (d), as the case may be. Cap 549 s 23 Board secretary and legal adviser (1) On each board, there shall be- (a) a board secretary; and (b) a legal adviser who shall be a solicitor or counsel.(2) The persons specified in subsection (1)(a) and (b) shall be appointed by the Secretary. Cap 549 s 24 Functions of boards (1) The functions of the Practitioners Board and the Medicines Board are set out in Parts I and II of Schedule 3 respectively. (2) The Secretary may, after consultation with the Council, by order published in the Gazette, amend Schedule 3. Cap 549 s 25 Committees of boards to be set up PART IV COMMITTEES OF THE CHINESE MEDICINE PRACTITIONERS BOARD AND THE CHINESE MEDICINES BOARD (1) The Council shall establish- (a) under the Practitioners Board, the following committees- (i) the Registration Committee; (ii) the Examination Committee; and (iii) the Disciplinary Committee of Chinese Medicine Practitioners;(b) under the Medicines Board, the following committees- (i) the Chinese Medicines Committee; (ii) the Chinese Medicines Traders Committee; and (iii) the Regulatory Committee of Chinese Medicines Traders,and these committees shall have the functions specified in Parts I, II, III, IV, V and VI of Schedule 4 respectively. (2) The Secretary may, after consultation with the Council, by order published in the Gazette, amend Schedule 4. Cap 549 s 26 Registration Committee The Registration Committee shall consist of the following members, each of whom shall be nominated by the Practitioners Board and appointed by the Council- (a) a chairman who shall be a member of the Practitioners Board; (b) 5 Chinese medicine practitioners; and (c) 1 person from an educational or scientific research institution in Hong Kong. Cap 549 s 27 Examination Committee The Examination Committee shall consist of the following members, each of whom shall be nominated by the Practitioners Board and appointed by the Council- (a) a chairman who shall be a member of the Practitioners Board; (b) 4 Chinese medicine practitioners; and (c) 2 persons from educational or scientific research institutions in Hong Kong. Cap 549 s 28 Disciplinary Committee of Chinese Medicine Practitioners The Disciplinary Committee of Chinese Medicine Practitioners shall consist of the following members, each of whom shall be nominated by the Practitioners Board and appointed by the Council- (a) a chairman who shall be a member of the Practitioners Board; (b) a deputy chairman who shall be a member of the Practitioners Board; (c) 4 Chinese medicine practitioners; and (d) 2 persons who shall be lay members of the Practitioners Board. Cap 549 s 29 Chinese Medicines Committee The Chinese Medicines Committee shall consist of the following members- (a) 1 public officer who shall be appointed by the Director; (b) the Government Chemist or his representative; and (c) the following persons, each of whom shall be nominated by the Medicines Board and appointed by the Council- (i) a chairman who shall be a member of the Medicines Board; (ii) 2 persons from the trade of Chinese medicines; (iii) 1 Chinese medicine practitioner; and (iv) 1 person from an educational or scientific research institution in Hong Kong. Cap 549 s 30 Chinese Medicines Traders Committee The Chinese Medicines Traders Committee shall consist of the following members- (a) 2 public officers who shall be appointed by the Director; and (b) the following persons, each of whom shall be nominated by the Medicines Board and appointed by the Council- (i) a chairman who shall be a member of the Medicines Board; (ii) 2 persons from the trade of Chinese medicines; (iii) 1 Chinese medicine practitioner; and (iv) 1 lay person. Cap 549 s 31 Regulatory Committee of Chinese Medicines Traders The Regulatory Committee of Chinese Medicines Traders shall consist of the following members- (a) 1 public officer who shall be appointed by the Director; and (b) the following persons, each of whom shall be nominated by the Medicines Board and appointed by the Council- (i) a chairman who shall be a member of the Medicines Board; (ii) a deputy chairman who shall be a member of the Medicines Board; (iii) 2 persons from the trade of Chinese medicines; (iv) 1 Chinese medicine practitioner; and (v) 2 persons who shall be lay members of the Medicines Board. Cap 549 s 32 Provisions applicable to Disciplinary Committee of Chinese Medicine Practitioners and Regulatory Committee of Chinese Medicines Traders (1) If during the period when the Disciplinary Committee of Chinese Medicine Practitioners or the Regulatory Committee of Chinese Medicines Traders, as the case may be, is considering any complaint or information, a member of the committee- (a) gives a notice of resignation; or (b) ceases to be a member by reason of the expiry of his term of office or other circumstances referred to in section 38,the member may continue to be a member of that committee for the purpose of completing the performance of his function in respect of that complaint or information. (2) At a meeting of the Disciplinary Committee of Chinese Medicine Practitioners or the Regulatory Committee of Chinese Medicines Traders, as the case may be, the chairman or, in his absence, the deputy chairman, shall preside. (3) Notwithstanding subsection (2), if both the chairman and the deputy chairman declare their interest in respect of a particular case which is to be considered at a meeting, neither of them may preside or sit at the meeting and the members present (including the chairman and the deputy chairman) shall elect another member to preside at the meeting. (4) The quorum of a meeting is 3, subject to 1 of whom being a lay member. (5) In considering a case which has been brought to the attention of- (a) the Disciplinary Committee of Chinese Medicine Practitioners for considering whether the Practitioners Board should be recommended to hold an inquiry; or (b) the Regulatory Committee of Chinese Medicines Traders for making suitable recommendations to the Medicines Board,both committees shall act in accordance with the prescribed procedure. (6) Where the Disciplinary Committee of Chinese Medicine Practitioners or the Regulatory Committee of Chinese Medicines Traders, as the case may be, is considering any complaint or information received in respect of a particular case and a member of the committee is subject of such complaint or information- (a) the member shall not take part in the consideration of such complaint or information or attend any meeting held for such purposes; (b) the Council shall at the same time appoint a temporary member; and (c) the committee shall consider the complaint or information afresh. Cap 549 s 33 Terms of appointment to committees under this Part (1) Subject to subsection (3), a member appointed under this Part shall hold office for such period not exceeding 3 years as may be specified in the letter of his appointment. (2) The member may, upon the expiry of his term of office, be reappointed. (3) A member appointed or reappointed under this Part may, at any time before the expiry of his term of office, resign his office by giving notice in writing- (a) in the case of a member other than the chairman of a committee, to the chairman of the committee; (b) in the case of the chairman of a committee, to the Council. Cap 549 s 34 Replacement members Where, before the expiry of his term of office, a member of a committee under this Part resigns or his office becomes vacant, the Council may appoint a person who is suitably qualified for appointment to hold office in place of that member until the expiry of the period for which he was appointed. Cap 549 s 35 Vacation of office Where- (a) a member of a committee under this Part- (i) is sentenced to imprisonment, whether suspended or not, for any offence by any court or magistrate in Hong Kong or elsewhere; (ii) is the subject of an order made under section 98; or (iii) becomes bankrupt or enters into a voluntary arrangement with his creditors within the meaning of the Bankruptcy Ordinance (Cap 6); or(b) the Council- (i) is satisfied that a member of a committee under this Part is no longer ordinarily resident in Hong Kong; or (ii) is of the opinion that a member of a committee under this Part is unable or unfit to perform his duties and exercise his powers as a member of the committee,the Council may declare his office as a member of the committee to be vacant, and shall notify the fact in such manner as the Council thinks fit; and upon such declaration the office shall become vacant. Cap 549 s 36 Temporary members (1) If a member of a committee under this Part is for any reason unable to perform his duties and exercise his powers as such member for any period, the Council may appoint another person suitably qualified for appointment to be a temporary member in place of the member during that period. (2) While any person is acting as a temporary member after appointment to such membership under subsection (1), he shall be capable of performing all the duties and of executing all the powers of the member whom he is temporarily replacing. Cap 549 s 37 Disqualification Notwithstanding anything in the foregoing provisions, a person- (a) against whom an order under section 98 has at any time been made; (b) who is- (i) undergoing a sentence of imprisonment; (ii) an undischarged bankrupt; (iii) not ordinarily resident in Hong Kong; or(c) whom the Council considers unfit for appointment,shall not be eligible for appointment or reappointment, as the case may be, as a member of a committee under this Part. Cap 549 s 38 Cessation of membership If during the period of his office, a member of a committee under this Part who is not a member of a board when appointed under section 26, 27, 28, 29, 30 or 31, as the case may be, becomes a member of a board, he ceases to be a member of that committee. Cap 549 s 39 Establishment of committees PART V MISCELLANEOUS COMMITTEES In addition to the power to establish committees under section 25, the Council may, upon the recommendation of the Practitioners Board or the Medicines Board- (a) establish a committee or committees of the board for the purposes of performing such functions as may be prescribed by the Council; and (b) vary, modify or extend the functions of such committee or committees. Cap 549 s 40 Appointment to committees (1) Subject to subsection (2) and section 41, the Council may appoint members of the boards, and persons who are not such members, to be members of a committee. (2) The Council shall not appoint to any committee a person against whom an order under section 98 has at any time been made. (3) A member appointed to a committee may, at any time before the expiry of his term of office, resign his office by giving notice in writing to the Council. Cap 549 s 41 Chairmen of committees (1) Subject to subsection (2), the Council may appoint a person to be the chairman of a committee. (2) Only a member of a board is eligible to be appointed as the chairman of a committee. (3) Unless a contrary intention appears in the context, a reference to a member of a committee includes a reference to the chairman of the committee. Cap 549 s 42 Legal adviser to committees (1) A committee may have a legal adviser who shall be a solicitor or counsel. (2) A legal adviser shall be appointed by the Secretary. Cap 549 s 43 Dissolution of committees The Council may, at any time, upon the recommendation of a board, dissolve a committee of the board established under section 39. Cap 549 s 44 Application of provisions Unless a contrary intention appears in the context, sections 40, 41 and 42 shall apply to a committee established under section 25 as they apply to a committee established under section 39. Cap 549 s 45 Meetings PART VI MEETINGS (1) The Council, a board or committee shall meet at such times and such places as the Chairman or the chairmen of the respective boards or committees may appoint. (2) The Chairman or the chairman of a board or committee shall, on a requisition signed by not less than such number of members being a number forming the quorum of the Council, board or committee, as the case may be, summon a meeting of the Council, board or committee, as the case may be, and appoint the time and place for the meeting. (3) Notwithstanding subsection (1), the Council shall meet at least once every 6 months and as often as may be necessary to transact its business. Cap 549 s 46 Validity of proceedings (1) The validity of any proceedings of the Council, a board or committee shall not be affected by any defect in the appointment of any member of the Council, board or committee or by any vacancy among the members of the Council, board or committee, as the case may be. (2) Notwithstanding subsection (1), where there is any defect in the appointment of any member of the Council, a board or committee, it shall constitute the special circumstances referred to in sections 97 and 103 for the purposes of determining the time for appeal. Cap 549 s 47 Questions to be decided by majority All questions coming or arising before the Council, a board or committee shall be decided by a majority of votes of members present at a meeting and voting thereon, and in the case of an equality of votes, the Chairman or the chairman of the board or committee shall have a casting vote in addition to his original vote. Cap 549 s 48 Transaction of business by circulation of papers Subject to any standing orders made under section 49(a), the Council, a board or committee may transact any of its business by circulation of papers, and a resolution in writing which is signed by all the members of the Council, board or committee for the time being present in Hong Kong (being not less than the number required to constitute a majority of the Council, board or committee, as the case may be,) shall be as valid and effectual as if it had been passed at a meeting by the votes of the members so signing. Cap 549 s 49 Standing orders relating to meetings The Council, a board or committee may, subject to this Ordinance, make standing orders- (a) governing its procedure in the transaction of business, including, but not limited to, the transaction of business by circulation of papers; (b) regulating the procedure at, and in connection with its meetings including the election of a temporary chairman at a meeting and the casting of votes for the determination of any questions coming or arising before its meeting; (c) specifying the circumstances under which invitees may attend or make representations at its meetings; (d) governing the declaration of interest by its chairman and members. Cap 549 s 50 Application of Part VII of Interpretation and General Clauses Ordinance For the avoidance of doubt, Part VII of the Interpretation and General Clauses Ordinance (Cap 1) applies to the Council, a board or committee and appointments to the Council, board or committee except in so far as it is inconsistent with this Ordinance. Cap 549 s 51 Registrar PART VII REGISTRATION OF CHINESE MEDICINE PRACTITIONERS Register For the purpose of this Ordinance, there shall be a Registrar of Chinese Medicine Practitioners who shall be the Director or his designated representative. Cap 549 s 52 Register (1) The Registrar shall cause a register, to be called the Register of Chinese Medicine Practitioners, to be kept in such form as he may determine, containing the names, addresses and qualifications and such other particulars of all persons who are registered under section 69 or 85 as the Registrar considers appropriate. (2) The Registrar may maintain separate parts under the Register in respect of persons registered under section 69 or 85. (3) The Registrar is responsible for the maintenance and custody of the Register. Cap 549 s 53 Publication of Register and evidence of registration, etc. (1) The Registrar shall publish in the Gazette once every 12 months a list of the names, addresses and qualifications of all persons whose names appear in the Register in such manner as the Registrar may determine. (2) The publication of the list referred to in subsection (1) shall be prima facie evidence that each person named in the list is registered. (3) A certificate under the hand of the Registrar stating that the name of a person is at any date or was at any date registered in the Register shall be conclusive evidence in all courts of law of the facts stated in such certificate. Cap 549 s 54 Alterations to Register The Registrar may, upon application by a registered Chinese medicine practitioner, amend any entry in the Register as to the address or qualifications of or any other particulars relating to the registered Chinese medicine practitioner, if he is satisfied that such amendment is necessary for the purposes of maintaining the accuracy of the Register. Cap 549 s 55 Powers of Practitioners Board to direct or order alterations to Register If, in the exercise of its powers under the Ordinance, the Practitioners Board directs or orders that any alterations be made to the Register, the Registrar shall make such alterations as directed or ordered. Cap 549 s 56 Powers of Practitioners Board to order removal of names from Register (1) The Practitioners Board may order the removal from the Register the name of any person who- (a) has requested in writing that his name be removed; (b) is deceased; (c) by reason of health, in its opinion, is unfit to practise Chinese medicine; (d) being a person required to be the holder of a practising certificate under section 76, has not obtained such a certificate for a period exceeding 6 months since he was first registered under this Ordinance or since the expiry of a practising certificate issued to him under section 76; (e) is subject of an order made under section 98(3)(a) or (b).(2) The Practitioners Board may also order the removal from the Register the name of any person who fails to acknowledge within 4 months after the date of despatch the receipt of a registered letter addressed to him at his address as recorded in the Register, or the last address supplied by him to the Registrar. (3) For the purpose of subsection (1)(c), the Practitioners Board may make recommendations to the Council to set up a committee under section 39 to assess the fitness or otherwise of any registered Chinese medicine practitioner before an order is made pursuant to that subsection. Cap 549 s 57 Service of notice and order of removal from Register (1) Where the Practitioners Board intends to order the removal from the Register the name of a Chinese medicine practitioner under section 56(1)(c) or (d) or (2), it shall serve a notice on the Chinese medicine practitioner stating the reasons for its intention to make the order and inviting him to give any written representations to the Practitioners Board. (2) Where an order is made under section 56(1)(c) or (d) or (2), the Registrar shall serve a copy of the order on the Chinese medicine practitioner concerned. Cap 549 s 58 Restoration to Register (1) Any person whose name has been removed under the provisions of this Ordinance from the Register may apply to the Practitioners Board for the restoration of his name to the Register. (2) An application under subsection (1) shall be made in such form and accompanied by such documents and particulars as the Practitioners Board may determine. (3) Without prejudice to the generality of subsection (2), the Practitioners Board may request an applicant to submit a declaration as to- (a) whether he has been convicted in Hong Kong or elsewhere of any offence punishable with imprisonment since his name- (i) was first entered on the Register; and (ii) was removed from the Register;(b) whether he has been found guilty in Hong Kong or elsewhere of misconduct in a professional respect since his name- (i) was first entered on the Register; and (ii) was removed from the Register;(c) in the case of his having been so convicted or having been so found guilty of misconduct, the place and nature of each such offence or record of misconduct, as the case may be; (d) whether there are outstanding legal proceedings against him at the time of the application.(4) In considering an application for restoration, the Practitioners Board may, in its absolute discretion and after such inquiry as may be necessary, either allow or refuse the application. (5) If the Practitioners Board allows an application, it- (a) shall direct the Registrar, on payment of a prescribed fee by the applicant, to restore the name of the applicant to the Register and the Registrar shall restore the name as directed; and (b) may determine that the restoration is subject to such conditions as it considers desirable. Cap 549 s 59 Practitioners Board to set and conduct Licensing Examination Licensing Examination (1) The Practitioners Board shall set and conduct an examination, called the Chinese Medicine Practitioners Licensing Examination, the passing of which shall qualify a person under section 67(a) to apply to be registered as a registered Chinese medicine practitioner in Hong Kong. (2) Without prejudice to section 61, the Practitioners Board may impose such conditions as it thinks fit, being conditions which are relevant to the assessment or improvement of a person's professional knowledge and practice in Chinese medicine and which a person must comply with before the Practitioners Board allows him to undertake the Licensing Examination. Cap 549 s 60 Practitioners Board to determine syllabus, etc. (1) The Practitioners Board shall determine the examination syllabus, format, standard of assessment and other related matters in respect of the Licensing Examination. (2) Without prejudice to the generality of subsection (1), the Practitioners Board may appoint examiners for the purposes of the Licensing Examination. Cap 549 s 61 Eligibility for undertaking Licensing Examination (1) A person shall be eligible to undertake the Licensing Examination if- (a) he satisfies the Practitioners Board that at the time of the application he has satisfactorily completed such undergraduate degree course of training in Chinese medicine practice or its equivalent as is approved by the Practitioners Board; or (b) he is a person whose name is entered on the list maintained under section 90 and is required to undertake the Licensing Examination under section 95.(2) Any person who seeks to undertake the Licensing Examination under subsection (1)(a) shall- (a) make an application to the Practitioners Board in such form as may be determined by the Practitioners Board; and (b) pay a prescribed application fee. Cap 549 s 62 Notification and review, etc. of results of Licensing Examination (1) Where a Licensing Examination is conducted under section 59, the Practitioners Board shall notify the person who undertook the Examination in writing of the relevant result. (2) Within 14 days of the receipt of the written notification made in accordance with subsection (1), the person may request, in writing stating the reasons relied upon, the Practitioners Board to review the result of the Licensing Examination, to which the written notification relates. (3) Upon receipt of a request for review under subsection (2) and payment of a prescribed review fee, the Practitioners Board shall review the result and notify the person in writing of its decision within 1 month after the completion of the review. (4) The Practitioners Board shall conduct and complete any such review as soon as practicable. Cap 549 s 63 Certificate of passing Licensing Examination The Practitioners Board shall issue a certificate to a person who has passed the Licensing Examination. Cap 549 s 64 Restriction on number of attempts (1) The Practitioners Board may restrict the number of consecutive attempts which a person may make in respect of the Licensing Examination. (2) The Practitioners Board shall publish such number of consecutive attempts referred to in subsection (1) as it may determine by notice in the Gazette. (3) For the avoidance of doubt, the notice published under subsection (2) is not subsidiary legislation. Cap 549 s 65 Fees payable in respect of Licensing Examination (1) Any person who undertakes the Licensing Examination shall pay a prescribed fee before he may take the Examination. (2) Different fees shall be payable in respect of different parts of the Licensing Examination, where applicable. Cap 549 s 66 Review of decision in relation to Licensing Examination (1) Where the powers under sections 59(2), 61(1)(a) and 63 have been delegated to the Examination Committee pursuant to section 157, any person aggrieved by its decision made in pursuance of the powers conferred on it may request the Practitioners Board to review the decision of the Examination Committee. (2) A request for a review under subsection (1) shall be in writing stating the reasons relied upon and shall be made to the Practitioners Board within 14 days of the receipt of the notification of the decision of the Examination Committee. (3) Upon receipt of the request, the Practitioners Board shall review the decision of the Examination Committee, and shall notify the person concerned of its decision in writing. (4) A review under this section shall be conducted in accordance with the prescribed procedure. Cap 549 s 67 Qualifications for registration under section 69 Registration A person is qualified to apply to be registered as a registered Chinese medicine practitioner under section 69 if- (a) he has passed the Licensing Examination; or (b) the Practitioners Board has determined that he is so qualified under section 92. Cap 549 s 68 Application for registration (1) Any person qualified to apply to be registered as a registered Chinese medicine practitioner may apply to the Practitioners Board within such period of time as may be determined by the Practitioners Board. (2) An application under subsection (1) shall be accompanied by- (a) such documents and particulars as may be determined by the Practitioners Board; and (b) a prescribed application fee.(3) Without prejudice to the generality of subsection (2)(a), the Practitioners Board may require a person who applies for registration to submit with his application- (a) a declaration as to- (i) whether he has been convicted in Hong Kong or elsewhere of any offence punishable with imprisonment; and if he has been so convicted, the place and nature of each such offence; and (ii) whether he has been found guilty in Hong Kong or elsewhere of misconduct in a professional respect; and if he has been so found guilty, the place and nature of each such record of misconduct; and(b) in the case of section 67(b), such evidence from the person regarding his claim of experience, qualifications, knowledge or skill in the practice of Chinese medicine as the Practitioners Board considers appropriate.(4) The Practitioners Board may require an applicant to submit such further information or particulars as the Practitioners Board considers necessary to enable it to determine the application for registration. Cap 549 s 69 Registration (1) The Practitioners Board may, subject to sections 70 and 71 and the recommendation of the Registration Committee, approve an application for registration as a registered Chinese medicine practitioner under section 68. (2) Upon approving an application for registration by a person who has been exempted from the Licensing Examination under section 93, the Practitioners Board may impose such conditions and restrictions on the practice of that person as it considers necessary. (3) Where the Practitioners Board has imposed conditions or restrictions under subsection (2), it may amend, vary or revoke any of such conditions or restrictions. (4) Upon approving an application for registration under subsection (1), the Practitioners Board shall direct the Registrar to enter the name of the person on the Register. Cap 549 s 70 Refusal of application for registration (1) The Practitioners Board may, subject to section 71, refuse to approve the application of a person for registration if it is satisfied- (a) after due inquiry, that the person has been convicted in Hong Kong or elsewhere of any offence punishable with imprisonment; (b) after due inquiry, that the person has been found guilty in Hong Kong or elsewhere of misconduct in a professional respect; (c) that the person is not qualified to be registered; or (d) that the person has sought to obtain registration by fraud or misrepresentation.(2) Where the Practitioners Board refuses an application, the Secretary of the Practitioners Board shall notify the applicant in writing of the decision and the reasons of refusal. Cap 549 s 71 Cases involving previous conviction and professional misconduct (1) If a person who applies under section 68(1) has declared that he has been convicted in Hong Kong or elsewhere of an offence punishable with imprisonment or that he has been found guilty in Hong Kong or elsewhere of misconduct in a professional respect, the Practitioners Board shall refer his case to the Disciplinary Committee of Chinese Medicine Practitioners. (2) Where, pursuant to the consideration and recommendation by the Disciplinary Committee of Chinese Medicine Practitioners, the Practitioners Board considers that the person is suitable for registration under section 69, the Practitioners Board may approve the application. Cap 549 s 72 Certificate of registration Where a person has been registered as a registered Chinese medicine practitioner under section 69, the Registrar shall issue to him a certificate of registration in such form as may be determined by the Practitioners Board. Cap 549 s 73 Certificate verifying registration and certificate of standing (1) The Practitioners Board may, upon application by a person whose name appears in the Register, issue- (a) a certificate verifying registration; or (b) a certificate of standing which shows the disciplinary record, if any, of that person.(2) A prescribed fee shall be payable in respect of each certificate referred to in subsection (1)(a) and (b). Cap 549 s 74 Title of registered Chinese medicine practitioners (1) A registered Chinese medicine practitioner is entitled to be known in the English language as "registered Chinese medicine practitioner of the Chinese Medicine Council of Hong Kong" or the abbreviation "registered Chinese medicine practitioner" and in the Chinese language as "香港中医药管理委员会注册中医" or "香港中医药管理委员会注册中医师" or the abbreviation "注册中医" or "注册中医师". (2) In addition to the titles provided under subsection (1), a registered Chinese medicine practitioner may use the following addition or description to indicate his stream of practice in Chinese medicine- (a) general practice (全科); (b) acupuncture (针灸); (c) bone-setting (骨伤).(3) Where a registered Chinese medicine practitioner desires to use the addition or description referred to in subsection (2), he shall adopt one of the following formats- (a) in the English language as "Registered Chinese medicine practitioner of the Chinese Medicine Council of Hong Kong (General Practice)" or "Registered Chinese medicine practitioner of the Chinese Medicine Council of Hong Kong (Acupuncture)" or "Registered Chinese medicine practitioner of the Chinese Medicine Council of Hong Kong (Bone-setting)"; or in the Chinese language as "香港中医药管理委员会注册中医(全科)" or "香港中医药管理委员会注册中医(针灸)" or "香港中医药管理委员会注册中医(骨伤)", as the case may be; or (b) the abbreviation in the English language as "Registered Chinese medicine practitioner (General Practice)" or "Registered Chinese medicine practitioner (Acupuncture)" or "Registered Chinese medicine practitioner (Bone-setting)"; or in the Chinese language as "注册中医(全科)" or "注册中医(针灸)" or "注册中医(骨伤)" or "注册中医师(全科)" or "注册中医师(针灸)" or "注册中医师(骨伤)", as the case may be. Cap 549 s 75 Privileges of registered and listed Chinese medicine practitioners (1) Subject to section 76, every registered Chinese medicine practitioner and listed Chinese medicine practitioner shall be entitled to practise Chinese medicine and to recover in any court- (a) reasonable charges for professional aid, advice and visits; and (b) the value of any Chinese herbal medicines or proprietary Chinese medicines or any Chinese medical appliances made or supplied by him to his patients.(2) No person shall be entitled to recover in any court any such charges as are referred to in subsection (1) unless at the date when such charges accrued he was a registered Chinese medicine practitioner or listed Chinese medicine practitioner. Cap 549 s 76 Registered Chinese medicine practitioner not to practise without practising certificate Practising Certificate (1) A registered Chinese medicine practitioner other than one registered under section 85 shall not practise Chinese medicine unless he is the holder of a practising certificate which is then in force. (2) An application for the issue or renewal of a practising certificate may be made by a registered Chinese medicine practitioner to the Registrar in writing and shall be accompanied by- (a) a prescribed fee; and (b) a declaration as to- (i) whether he has been convicted in Hong Kong or elsewhere of any offence punishable with imprisonment- (A) since his registration; or (B) since the last renewal of his practising certificate, as the case may be;(ii) whether he has been found guilty in Hong Kong or elsewhere of misconduct in a professional respect- (A) since his registration; or (B) since the last renewal of his practising certificate, as the case may be;(iii) in the case of his having been so convicted or so found guilty of misconduct, the place and nature of each such offence or record of misconduct, as the case may be; and(c) in the case of renewal, such documents or certificates in relation to continuing education in Chinese medicine as may be required by the Practitioners Board.(3) Upon receipt of an application under subsection (2), the Registrar may issue or renew the practising certificate specifying such conditions or restrictions as may be imposed if- (a) the declaration referred to in subsection (2)(b) states to the effect that the registered Chinese medicine practitioner- (i) has not been convicted in Hong Kong or elsewhere of any offence punishable with imprisonment; and (ii) has not been found guilty in Hong Kong or elsewhere of misconduct in a professional respect; and(b) the documents or certificates referred to in subsection (2)(c) show that the registered Chinese medicine practitioner has complied with the requirements determined by the Practitioners Board under section 82. Cap 549 s 77 Cases involving previous convictions and professional misconduct (1) If a registered Chinese medicine practitioner makes a declaration as required under section 76(2)(b) and declares that he has been convicted in Hong Kong or elsewhere of an offence punishable with imprisonment or that he has been found guilty in Hong Kong or elsewhere of misconduct in a professional respect, the Registrar shall refer his case to the Disciplinary Committee of Chinese Medicine Practitioners. (2) Where, pursuant to the consideration and recommendation by the Disciplinary Committee of Chinese Medicine Practitioners, the Practitioners Board directs that the registered Chinese medicine practitioner be issued with a practising certificate or be granted with a renewal, as the case may be, the Registrar shall issue or renew the certificate specifying such conditions or restrictions as may be imposed. Cap 549 s 78 Currency of a practising certificate (1) Subject to subsection (2), a practising certificate shall be in force for such period not exceeding 3 years as may be specified in the certificate. (2) If at any time during the currency of a practising certificate, the holder of the certificate ceases to be a registered Chinese medicine practitioner, the certificate shall thereupon be deemed cancelled. Cap 549 s 79 Obligations of practising certificate holders If at any time during the currency of a practising certificate, the holder of the practising certificate- (a) is convicted in Hong Kong or elsewhere of an offence punishable with imprisonment, he shall report the conviction to the Registrar forthwith; (b) is found guilty in Hong Kong or elsewhere of misconduct in a professional respect, he shall disclose the record of misconduct to the Registrar forthwith. Cap 549 s 80 Deeming provision in relation to practising certificate (1) Any person who is required to be the holder of a practising certificate under section 76 shall be deemed to have obtained the practising certificate when he has duly applied to the Registrar and paid the prescribed fee in accordance with section 76(2). (2) Subsection (1) shall cease to apply once the application to the Registrar is approved or refused. (3) Notwithstanding subsection (1), a person who is required to be the holder of a practising certificate shall not be entitled to recover any fees, costs or other remuneration in his capacity as a registered Chinese medicine practitioner unless he was, at the time when the cause of action arose, the holder of a valid practising certificate. Cap 549 s 81 Recovery of fees for practising certificates (1) If any registered Chinese medicine practitioner contravenes section 76(1), the amount of the prescribed fee payable by him under section 76(2) shall be recoverable as a civil debt by claim made in the name of the Registrar. (2) In any proceedings under this section a certificate purporting to be under the hand of the Registrar to the effect that the registered Chinese medicine practitioner concerned has not paid the prescribed fee shall, until the contrary is proved, be evidence of non-payment of the fee. (3) On recovery from a Chinese medicine practitioner of a prescribed fee under this section, the Registrar may, subject to the Chinese medicine practitioner's name appearing on the Register and where applicable, subject to section 77, issue the Chinese medicine practitioner with the practising certificate. Cap 549 s 82 Continuing education in Chinese medicine (1) The Practitioners Board may, on the advice of the Registration Committee, make arrangements for the accreditation of continuing education in Chinese medicine, either on its own or in conjunction with any other person or educational institution. (2) The Practitioners Board shall determine the requirements relating to continuing education in Chinese medicine which are to be complied with before a practising certificate may be renewed under section 76 or 77. Cap 549 s 83 Limited registration PART VIII LIMITED REGISTRATION (1) Where an educational or scientific research institution intends to engage a person- (a) who does not have any of the qualifications for registration referred to in section 67; or (b) who has a qualification that qualifies him to apply to be registered but it is impracticable for him to obtain registration under section 69 in the circumstances,to perform predominantly clinical teaching or research in Chinese medicine for the institution, the institution may apply to the Practitioners Board on behalf of the person for limited registration of that person. (2) For the purpose of subsection (1), the Practitioners Board shall publish from time to time by notice in the Gazette a list of educational or scientific research institutions from which applications for limited registration will be considered. (3) For the avoidance of doubt, the notice published under subsection (2) is not subsidiary legislation. Cap 549 s 84 Application for limited registration (1) An application for limited registration shall be made to the Practitioners Board in such form as the Practitioners Board may determine and shall be accompanied by- (a) such documents and particulars as may be determined by the Practitioners Board; and (b) a prescribed application fee.(2) For the purpose of determining an application for limited registration, the Practitioners Board may request the person on whose behalf the application is made to submit a declaration stating the same particulars as are required under section 68(3)(a). Cap 549 s 85 Approval of limited registration (1) Upon receipt of an application made under section 84(1), the Practitioners Board may refer the application to the Registration Committee. (2) The Registration Committee may, and if so directed by the Practitioners Board shall, make a report to the Practitioners Board. (3) In any report made to the Practitioners Board under subsection (2), the Registration Committee shall make recommendations to the Practitioners Board as to whether the application should be approved. (4) Where the Practitioners Board is satisfied- (a) that the application for limited registration is made by an educational or scientific research institution specified under section 83(2); and (b) that the person on whose behalf the application was made- (i) has satisfactorily completed such undergraduate degree course of training in Chinese medicine practice or its equivalent as is acceptable to the Practitioners Board; and (ii) possesses adequate and relevant full-time experience in Chinese medicine practice,the Practitioners Board may, if the Registration Committee so recommends, direct that the person be registered as a Chinese medicine practitioner with limited registration subject to such conditions and restrictions regarding his practice as may be imposed by the Practitioners Board. Cap 549 s 86 Limits of limited registration The limits of a person's registration under section 85 shall be defined in the direction under the same section by specifying- (a) a period, not exceeding 1 year, as the period for which the registration is to have effect; (b) the name of the educational or scientific research institution in respect of which the registration has effect; (c) the employment for performing predominantly clinical teaching or research in Chinese medicine in the named institution; and (d) such conditions and restrictions regarding the practice of the Chinese medicine practitioner with limited registration, if any, as may be specified by the Practitioners Board. Cap 549 s 87 Certificate of limited registration When an application for limited registration is approved under section 85, the Registrar shall register the person on whose behalf the application was made in the Register and issue to him a certificate of limited registration in such form as may be determined by the Practitioners Board. Cap 549 s 88 Refusal of application for limited registration (1) The Practitioners Board may refuse an application for limited registration or renewal of such registration if it is satisfied- (a) that the requirements of section 85 have not been complied with; (b) after due inquiry, that the person on whose behalf the application was made- (i) has been convicted in Hong Kong or elsewhere of any offence punishable with imprisonment; or (ii) has been found guilty in Hong Kong or elsewhere of misconduct in a professional respect;(c) that the institution which made the application or the person on whose behalf the application was made has sought to obtain registration by fraud or misrepresentation; or (d) that it is reasonable in all circumstances to do so.(2) Where the Practitioners Board refuses an application, the secretary of the Practitioners Board shall notify the institution which made the application and the person on whose behalf the application was made in writing of the decision and the ground for refusal. Cap 549 s 89 Provisions relating to renewal of limited registration (1) Where an educational or scientific research instit
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