An Ordinance to provide for the regulation of the practice of veterinary surgery, the registration of veterinary surgeons, the disciplinary control of the professional activities of registered veterinary surgeons and for matters related to such registration and disciplinary control. [Parts I, II, III (other than section 16), VIII, Schedules 1 and 2 14 July 1997 L.N. 391 of 1997 Sections 25(1)(c), (d), (e), (f), (g), (i) and (j)］ 17 April 1998 L.N. 210 of 1998 Parts IV, V, VI, sections 25(1)(a) and (b) and (2) and 26 26 June 1998 L.N. 259 of 1998 Sections 16, 25(1)(h) and 31 to 44 ［15 January 1999 L.N. 3 of 1999] (Originally 96 of 1997) Cap 529 s 1 Short title PART I PRELIMINARY (1) This Ordinance may be cited as the Veterinary Surgeons Registration Ordinance. (2) (Omitted as spent) Cap 529 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "animal" (动物) includes any mammal, bird, reptile, amphibian, fish or any other vertebrate or invertebrate, whether wild or tame; "Board" (管理局) means the Veterinary Surgeons Board established by section 3; "Chairman" (主席) means the Chairman of the Board appointed under section 3; "disciplinary offence" (违纪行为) means an act or omission set out in section 17(1); "inquiry committee"(研讯委员会) means an inquiry committee established under section 18(1); "Legal Adviser"(法律顾问) means the Legal Adviser to the Board appointed under section 7(1); "register" (名册) means the register of registered veterinary surgeons established and maintained under section 5(a); registered veterinary surgeon" (注册兽医) means a person whose name is currently entered in the register; "registration committee" (注册事务委员会) means a registration committee appointed under section 13(1); "Secretary" (秘书) means the Secretary to the Board appointed under section 7(1); "veterinary service" (兽医服务) means doing or performing any act or attending to any matter the doing or performing of which or the attending to which forms part of the generally accepted practice of veterinary surgery; "veterinary surgery" (兽医外科学) means the art and science of veterinary surgery and medicine and, without limiting the foregoing, includes- (a) the diagnosis of disease in, and injuries to, animals including tests performed for diagnostic purposes; (b) the giving of advice based on such diagnosis; (c) the medical or surgical treatment of animals including the performance of surgical operations thereon. Cap 529 s 3 Establishment of the Board PART II VETERINARY SURGEONS BOARD (1) There shall be a Veterinary Surgeons Board which shall have such purposes and powers as are conferred on it by, or by virtue of, this Ordinance. (2) The Board shall consist of- (a) a chairman; (b) a person who is a medical practitioner or pharmacist who is entitled to practise his profession in Hong Kong; (c) 2 persons who, in the opinion of the Secretary for Health, Welfare and Food, represent the interests of persons who utilize veterinary services; and (d) 6 persons who are registered veterinary surgeons,each of whom shall be appointed by the Secretary for Health, Welfare and Food for a term not exceeding 3 years, but any person may be appointed for further terms not exceeding 3 years in each case. (Amended 78 of 1999 s. 7; L.N. 106 of 2002) (3) Notice of every appointment made under this section shall be published in the Gazette. Cap 529 s 4 Provisions as respects the Board and its members (1) Schedule 1 shall have effect as respects the Board and its members. (2) The Secretary for Health, Welfare and Food may by order amend Schedule 1. (Amended 78 of 1999 s. 7; L.N. 106 of 2002) (3) It is declared that save insofar as is inconsistent with the provisions of this Ordinance, Part VII of the Interpretation and General Clauses Ordinance (Cap 1) shall apply as respects the Board and appointments to the Board. Cap 529 s 5 Functions of the Board The Board shall- (a) establish and maintain a register of registered veterinary surgeons; (b) set and review the qualification standards for registration as a registered veterinary surgeon and related registration matters; (c) advise the Government on registration matters; (d) examine and verify the qualifications of persons who apply for registration as registered veterinary surgeons; (e) receive, examine, accept or reject applications for registration and renewal of registration as a registered veterinary surgeon; (f) deal with disciplinary offences; (g) keep proper records of its proceedings; (h) lodge with the Secretary for Health, Welfare and Food, qualification standards established from time to time under paragraph (b); and (Amended 78 of 1999 s. 7; L.N. 106 of 2002) (i) carry out such other functions as this Ordinance may prescribe. Cap 529 s 6 Powers of the Board The Board may- (a) create, and appoint members of, committees to advise the Board on the carrying out of the powers and functions of the Board; (b) issue a Code of Practice and make rules for the professional conduct and discipline of registered veterinary surgeons; (c) make such further rules as may be required by, or by virtue of, this Ordinance. Cap 529 s 7 Appointment of Secretary and Legal Adviser (1) There shall be- (a) a Secretary; and (b) a Legal Adviser,to the Board who shall be appointed by the Secretary for Health, Welfare and Food. (Amended 78 of 1999 s. 7; L.N. 106 of 2002) (2) The Secretary shall be responsible for the custody of the register and shall serve as secretary to the registration committee and any inquiry committee as well as the Board. (3) The Legal Adviser shall advise an inquiry committee on any points of law and procedure that arise before, during or after the inquiry. Cap 529 s 8 Form of register PART III REGISTER AND CERTIFICATES (1) The Secretary shall, in accordance with the directions of the Board, keep a register containing the names, addresses and any other details that the Board may direct of all persons who have been registered and the qualification on which their registration is based. (2) The register shall be available to any person for inspection free of charge at an office nominated from time to time by the Board at such reasonable times as the Board may direct. (3) A person whose name is entered in the register shall within 28 days notify the Secretary of any change in the details mentioned in subsection (1). Cap 529 s 9 Qualifications for registration (1) The Board shall not register a person as a registered veterinary surgeon unless- (a) he has passed such examinations in veterinary surgery and other related subjects and has received such training and experience as the Board may accept, either generally or in a particular case; (b) he is not the subject of a disciplinary order under Part IV which precludes him from being registered under this Ordinance; (c) he satisfies the Board that he is competent to practise as a veterinary surgeon; and (d) he is a fit and proper person to be registered.(2) Without affecting the generality of subsection (1)(d), the Board may refuse to register a person as a registered veterinary surgeon who- (a) has been convicted in Hong Kong or elsewhere of any offence which may bring the profession into disrepute; or (b) has committed misconduct or neglect in a professional respect.(3) Where the Board registers a person as a registered veterinary surgeon and the Board later has reasonable grounds to believe that the person is not competent to practise veterinary surgery, it may refer the matter to an inquiry committee which shall deal with it as if it were a complaint under section 18(1). Cap 529 s 10 Application for registration (1) A person shall apply for registration as a registered veterinary surgeon in such form and manner as the Board may determine. (2) An applicant shall pay at the time of lodging his application the prescribed fee for an application for registration. (3) The Board may require an applicant to undertake an examination under section 9(1)(a) of his knowledge of veterinary surgery and other related subjects. Cap 529 s 11 Acceptance or refusal of registration (1) The Board may accept or reject an application for registration or renewal of registration under this Ordinance. (2) Where the Board accepts or rejects an application for registration or renewal of registration, the Secretary shall act in accordance with rules made by the Board. (3) Where the Board rejects an application for registration or renewal of registration, it shall give to the applicant an adequate statement of the reasons for the rejection. Cap 529 s 12 Practising certificates (1) Subject to the payment of the prescribed fee the Secretary shall, on application made to him in that behalf issue to a registered veterinary surgeon a certificate, in a form determined by the Board, to the effect that he is, subject to any conditions and restrictions specified in the certificate, entitled to practise in Hong Kong. (2) Where a practising certificate is issued pursuant to an application made during the course of a year in respect of that year, the certificate shall, subject to section 15(5), be in force from the time of its issue until the end of that year. (3) Where a practising certificate is issued pursuant to an application made during the course of a year in respect of the following year, the certificate shall, subject to section 15(5), be in force for a period of 12 months commencing on 1 January in that following year. (4) A registered veterinary surgeon shall, not earlier than 3 months prior to the expiry of the current practising certificate, apply to the Secretary for renewal of his practising certificate in a form determined by the Board. (5) A registered veterinary surgeon shall pay the prescribed fee for an application for renewal of his practising certificate at the time of applying for such renewal. (6) If a registered veterinary surgeon does not apply for renewal of his practising certificate before the expiry of his current practising certificate the Secretary shall, on the expiry of the current practising certificate, note in the register that the certificate has not been renewed. (7) Where a registered veterinary surgeon fails to renew his practising certificate within time, the Board may extend the time for renewal if he pays to the Board the prescribed fee for the extension of time. Cap 529 s 13 Registration committee (1) The Board may appoint a registration committee of not less than 3 of its members to consider the qualifications of applicants. (2) The Secretary may nominate a person who is not a member of the Board to be a member of the registration committee, and, if a person is so nominated, the Board shall appoint him to the committee. (3) The registration committee shall make recommendations to the Board on the acceptability of the qualifications which require the Board's acceptance under section 9(1)(a). (4) The Board shall not be bound by a recommendation of the registration committee under subsection (3). (5) The Board may delegate any of its functions relating to registration and renewal of registration to the registration committee. Cap 529 s 14 Certificate of registration The Secretary may, on payment by a registered veterinary surgeon of the prescribed fee, issue to him a certificate of registration in a form determined by the Board. Cap 529 s 15 Removal of name from the register (1) The Secretary may remove the name of a registered veterinary surgeon from the register if he is satisfied that the registered veterinary surgeon has- (a) died; (b) applied to discontinue his registration; (c) for 6 months following the expiry of his current practising certificate under section 12(2) or (3), failed to apply for a practising certificate to be issued to him under section 12(1); (d) ceased to hold a qualification by virtue of which he was registered; (e) failed to notify a change of details required under section 8(3); or (f) left Hong Kong with the intention of being out of Hong Kong for a period exceeding 6 months and did not, before leaving, notify the Secretary in writing of his intended departure.(2) Subject to section 21(2), the Secretary shall remove a name from the register if he receives an order of the Court of Appeal or an inquiry committee directing that the name be removed from the register. (3) Where the Secretary intends to remove the name of a registered veterinary surgeon from the register under subsection (1)(c), (d) or (e), he shall send notice of his intention by prepaid registered post to the last known address of the registered veterinary surgeon and shall not remove his name until the expiry of a period of 28 days after the date of posting the notice. (4) If the Secretary gives notice to a registered veterinary surgeon that- (a) he has not, for 6 months following the expiry of his current practising certificate under section 12(2) or (3), applied for a practising certificate to be issued to him under section 12(1) and, before the Secretary acts to remove his name from the register, the registered veterinary surgeon properly applies for a practising certificate to be so issued; (b) he has ceased to hold a qualification by virtue of which he was registered and, before the Secretary acts to remove his name from the register, the registered veterinary surgeon satisfies the Board that he holds the qualification; or (c) he has failed to notify a change of details required under section 8(3) and, before the Secretary acts to remove his name from the register, the registered veterinary surgeon takes such action as will remedy the defect in the register,the Secretary shall not remove the name from the register for the reason set out in the notice referred to in subsection (3). (5) If the name of a registered veterinary surgeon is removed from the register, his registration and any practising certificate issued to him under section 12(1) and for the time being in force is deemed to be cancelled and he shall return any certificate issued in respect of his registration and any such practising certificate to the Secretary. (6) No refund shall be made to any person of any prescribed fee, or any part of any prescribed fee, on the removal of his name from the register or the cancellation of his practising certificate under this section. (7) The Secretary may correct any error apparent on the face of the register. Cap 529 s 16 Prohibition on practising when not registered or not in possession of a valid practising certificate (1) Subject to subsection (2), no person shall practise veterinary surgery or provide a veterinary service in Hong Kong unless- (a) he is registered under this Part; and (b) he is the holder of a practising certificate which is currently in force.(2) Where a person whom the Board is satisfied is qualified to practise veterinary surgery in another jurisdiction applies for the right to practise in Hong Kong temporarily and for a specific purpose, the Board may issue him a permit to practise for a period and for a purpose specified in the permit, subject to such terms and conditions as may be specified by the Board. Cap 529 s 17 Disciplinary offences PART IV DISCIPLINARY PROCEEDINGS (1) A registered veterinary surgeon commits a disciplinary offence if he- (a) is guilty of misconduct or neglect in any professional respect; (b) has been convicted of an offence under this Ordinance; (c) has obtained registration under this Ordinance by fraud or misrepresentation; (d) was not at the time of his registration under this Ordinance entitled to be registered; (e) without reasonable excuse, falls to attend before an inquiry committee when summoned either as a witness or as a person in respect of whom the inquiry committee is meeting; or (f) has been convicted in Hong Kong or elsewhere of an offence which may bring the profession into disrepute.(2) If a person who has been guilty of misconduct or neglect in a professional respect or has been convicted of an offence under this Ordinance or has been convicted in Hong Kong or elsewhere of an offence which may bring the profession into disrepute, informs the Board of such misconduct, neglect or conviction when he applies for registration or renewal of registration and the Board subsequently accepts the person for registration or renewal of registration, that person shall not, for the purposes of registration or renewal of registration, be considered as having committed a disciplinary offence in respect of the disclosed misconduct, neglect or conviction. (3) Where the Secretary receives a complaint alleging a disciplinary offence, the Secretary shall submit the complaint to 2 members of the Board appointed for the purpose, one of whom shall be a person appointed under section 3(2)(b) or (c), and the members shall determine whether or not the complaint should be referred to the Board. (4) Where the members conclude under subsection (3) that the complaint should not be referred to the Board, they shall advise the Secretary who shall notify the complainant. Cap 529 s 18 Inquiry committee and rules of conduct (1) The Board may refer any complaint referred to it under section 17(3) alleging a disciplinary offence to an inquiry committee for decision, and for that purpose the Board may establish an inquiry committee of not less than 3 of its members, one of whom shall be a person appointed under section 3(2)(b) or (c), to determine whether or not the registered veterinary surgeon against whom the complaint is made has committed a disciplinary offence. (2) The Secretary shall send notice of a referral under subsection (1) and an adequate statement of the substance of the complaint by prepaid registered post to the last known address of the registered veterinary surgeon. (3) The Board may make rules providing for the conduct of its inquiries by an inquiry committee and for other matters relating to the investigation of an alleged disciplinary offence. (4) The Legal Adviser shall be present at every inquiry conducted by an inquiry committee. (5) The inquiry committee shall not proceed to hear evidence of a complaint concerning a disciplinary offence unless it is satisfied that the requirements of subsection (2) have been complied with and that the registered veterinary surgeon in respect of whom the complaint is made has been given 28 days' notice of the complaint and the date, time and place of the hearing. (6) The registered veterinary surgeon referred to in subsection (5) shall be entitled to attend and hear all evidence produced at the hearing and informed of any advice tendered by the Legal Adviser to the inquiry committee under section 7(3) and shall be provided with a copy of this Ordinance and any rules made under this section. (7) The Board may make rules for the rehearing of an inquiry by an inquiry committee. (8) Where a registered veterinary surgeon is alleged to have committed a disciplinary offence under section 17(1)(b) or (f), the inquiry committee- (a) shall not be required to inquire whether he was properly convicted of the alleged offence; and (b) may consider any record of the case in which a conviction was recorded and any other evidence which the inquiry committee may think is relevant as showing the nature and gravity of the offence.(9) The inquiry committee may, in deciding whether a person has committed a disciplinary offence, have regard to any rules of professional conduct or Code of Practice made or issued by the Board. (10) The Board shall notify the complainant of the action taken by it and, where it has referred the matter to an inquiry committee, shall notify the complainant of the results. Cap 529 s 19 Disciplinary order of inquiry committee Where an inquiry committee finds that a registered veterinary surgeon committed a disciplinary offence, the inquiry committee may make any one or more of the following orders- (a) order the Secretary to remove the name of the registered veterinary surgeon from the register; (b) order the Secretary to remove the name of the registered veterinary surgeon from the register for such period, not exceeding 2 years as the inquiry committee may think fit; (c) reprimand the registered veterinary surgeon in writing and order the Secretary to record the reprimand on the register; (d) make any other order as it thinks fit. Cap 529 s 20 Powers in regard to obtaining of evidence and conduct at inquiry (1) An inquiry committee shall have power- (a) to hear, receive and examine evidence on oath; (b) to summon any person to attend the inquiry either as the person whose conduct is the subject of the inquiry or to give evidence or produce any document or other thing in his possession and to examine him as a witness under oath or require him to produce any document or other thing in his possession; (c) to admit or exclude the public or any member of the public from the inquiry.(2) The Secretary shall sign summonses to witnesses. (3) No person shall be required to answer any question or produce any document or other thing which, in the opinion of the Legal Adviser, may tend to incriminate him. (4) A witness shall, in respect of any evidence given by him before the inquiry committee, be entitled to the same privileges to which he would be entitled if he were giving evidence in court. Cap 529 s 21 Service of orders of inquiry committee (1) The Secretary shall serve a copy of any order made under section 19(a) to (d), together with a copy of the inquiry committee's reasons, or serve notice that the inquiry committee has not found that the registered veterinary surgeon concerned committed a disciplinary offence, upon the registered veterinary surgeon who was the subject of the complaint, either personally or by prepaid registered post addressed to his last known address. (2) The Secretary shall not remove the name of the registered veterinary surgeon from the register before the expiry of a period of 3 months after the date of service of the order under subsection (1), and in the event of an appeal under section 23, shall await the decision of the Court of Appeal. (3) Any person whose name has been removed from the register under this Ordinance may apply to the Board for the restoration of his name to the register, and the Board may, after such inquiry and subject to such conditions as it may consider desirable, allow or refuse the application. (4) If the Board allows the application under subsection (3), it shall order the Secretary to restore the name of the applicant to the register on payment by the applicant of the prescribed fee. Cap 529 s 22 Publication of disciplinary orders (1) After the expiry of the time within which notice of an appeal under section 23 against an order of an inquiry committee under section 19(a) to (d) is to be given, or where in the case of an appeal, the order is affirmed or varied or the appeal is abandoned, the Board- (a) shall publish a copy of the order or the order as varied on appeal in- (i) the Gazette; and (ii) one English and one Chinese newspaper circulating in Hong Kong; and(b) may publish the order or the order as varied on appeal in any other publication or manner as the Board thinks fit.(2) Where an order is published under subsection (1), the Board- (a) shall publish with such order sufficient particulars to acquaint the public with the nature of the matter to which the order relates; and (b) may publish with such order an account of the proceedings of the inquiry committee.(3) No action in damages for defamation shall lie against any person as a result of publishing an order and other particulars required or permitted under this section. Cap 529 s 23 Appeal to Court of Appeal PART V APPEALS (1) Any person who is aggrieved by any order made in respect of him under section 19 may appeal to the Court of Appeal. (2) The Court of Appeal may affirm, reverse or vary the order appealed against. (3) In determining an appeal, the Court of Appeal shall consider the reasons of the inquiry committee and submissions upon the findings of fact and law of the inquiry committee made on behalf of the parties to the inquiry and may call for the original record of the evidence taken and a record of any advice tendered by the Legal Adviser to the inquiry committee under section 7(3) and any document put in evidence before the inquiry committee. (4) The Court of Appeal may, upon special grounds being shown, consider any additional evidence not adduced before the inquiry committee. (5) The practice in relation to any appeal shall be subject to any rules of court made under the High Court Ordinance (Cap 4). (Amended 25 of 1998 s. 2) (6) The Court of Appeal shall not have power to hear any appeal unless notice of such appeal is given within 3 months of the service of the order under section 21. (7) In deciding any appeal under this section the Court of Appeal may make such order for the payment of costs as it considers reasonable. Cap 529 s 24 Use of title PART VI USE OF TITLE (1) A person whose name does not appear on the register shall not be entitled to describe himself as a "registered veterinary surgeon" or "注册兽医". (2) The Board may apply to a judge for an order restraining any person whose name is not on the register from describing himself as a "registered veterinary surgeon" or "注册兽医". (3) A person carrying on the business of veterinary practice or veterinary service may use the description of "registered veterinary surgeon" or "注册兽医" if, but only if, at each place where such business is carried on, that business is conducted under the supervision of a registered veterinary surgeon. (4) The Board may apply to a judge for an order- (a) restraining any person from using the description of "registered veterinary surgeon" or "注册兽医" if the person has not complied with subsection (3); or (b) restraining any person whose name is not entered in the register from carrying on a veterinary practice in such manner as may reasonably cause any other person to believe that he is a registered veterinary surgeon. Cap 529 s 25 Offences and penalties PART VII OFFENCES AND EVIDENCE (1) Any person who- (a) having been summoned by an inquiry committee to attend as a witness or to produce a document or other thing under section 20 without reasonable excuse refuses or fails to do so; (b) attends as a witness before an inquiry committee and, without lawful excuse, refuses or fails to answer any question put to him by the inquiry committee; (c) fraudulently obtains registration as a registered veterinary surgeon for himself or any other person; (d) obtains registration as a registered veterinary surgeon for himself or any other person by means of any misleading, false or fraudulent representation or statement, either orally or in writing; (e) makes or causes to be made any falsification in the register; (f) impersonates or falsely represents himself as being the person referred to in any certificate or document presented to the Board or an inquiry committee in connection with its functions under this Ordinance; (g) not having his name entered in the register, takes or uses any name, initials, title, addition or description falsely implying that his name is entered in the register; (h) contravenes section 16; (i) not having his name entered in the register, uses or knowingly permits the use in connection with his business or profession of- (i) the description "registered veterinary surgeon" or "注册兽医"; or (ii) initials or abbreviations or words intended to cause, or which may reasonably cause, any person to believe that the person using them is a registered veterinary surgeon; or(j) not having his name entered in the register, advertises or represents himself as a registered veterinary surgeon or knowingly permits himself to be so advertised or represented,commits an offence and is liable to a fine at level 6 and to imprisonment for 1 year. (2) A person who fails forthwith to return his registration certificate to the Secretary after the removal of his name from the register commits an offence and is liable to a fine at level 1. Cap 529 s 26 Certificate as evidence (1) A certificate, purporting to be signed by the Secretary, that the name of a person has or has not been entered in or has been removed or ordered to be removed from the register shall for all purposes, without further proof, be evidence of the facts stated in the certificate. (2) A certificate purporting to be signed by the Secretary, that at a date specified in the certificate a person is not or was not the holder of a practising certificate then in force shall for all purposes, without further proof, be evidence of the facts stated in the certificate. Cap 529 s 27 Protection of members of Board and committees PART VIII MISCELLANEOUS (1) No member or employee of the Board or of any committee of the Board shall be personally liable for any act done or default made- (a) by the Board; or (b) by any committee of the Board,acting in good faith in the exercise or purported exercise of the powers conferred on the Board by, or by virtue of, this Ordinance. (2) The protection hereby conferred on members and employees of the Board or of a committee in respect of any act or default shall not in any way affect any liability of the Board for that act or default. Cap 529 s 28 Regulations (1) Subject to subsection (2), the Secretary for Health, Welfare and Food may by regulation provide for- (Amended 78 of 1999 s. 7; L.N. 106 of 2002) (a) anything that is to be or may be prescribed; (b) generally carrying into effect the provisions of this Ordinance.(2) The Financial Secretary may by regulation provide for the fees to be paid in connection with matters within the scope of this Ordinance. (3) For the avoidance of doubt, rules made by the Board under section 6 or 18(3) or section 3(5) of Schedule 1 are not subsidiary legislation within the meaning of the Interpretation and General Clauses Ordinance (Cap 1). Cap 529 s 29 Exemptions (1) The persons listed in Schedule 2 are exempted in the circumstances specified therein from the provisions of this Ordinance. (2) The Secretary for Health, Welfare and Food may, by order, amend Schedule 2. (Amended 78 of 1999 s. 7; L.N. 106 of 2002) Cap 529 s 30 Transitional (1) Notwithstanding section 3(2)(d), the Secretary for the Environment and Food may appoint a veterinary surgeon who is not a registered veterinary surgeon to the Board when it is first established for such term or terms, not exceeding in the aggregate 18 months, as he determines but the appointment of such a veterinary surgeon to the Board shall not be further renewed unless by then he is registered. (Amended 78 of 1999 s. 7) (2) Section 3(3) applies to an appointment made under this section. Cap 529 s 31 (Omitted as spent) (Omitted as spent) Cap 529 s 32 (Omitted as spent) (Omitted as spent) Cap 529 s 33 (Omitted as spent) (Omitted as spent) Cap 529 s 34 (Omitted as spent) (Omitted as spent) Cap 529 s 35 (Omitted as spent) (Omitted as spent) Cap 529 s 36 (Omitted as spent) (Omitted as spent) Cap 529 s 37 (Omitted as spent) (Omitted as spent) Cap 529 s 38 (Omitted as spent) (Omitted as spent) Cap 529 s 39 (Omitted as spent) (Omitted as spent) Cap 529 s 40 (Omitted as spent) (Omitted as spent) Cap 529 s 41 (Omitted as spent) (Omitted as spent) Cap 529 s 42 (Omitted as spent) (Omitted as spent) Cap 529 s 43 (Omitted as spent) (Omitted as spent) Cap 529 s 44 (Omitted as spent) (Omitted as spent) Cap 529 Sched 1 PROVISIONS AS RESPECTS THE BOARD AND ITS MEMBERS [sections 4 & 28] 1. (1) A member of the Board shall hold his office in accordance with the terms of his appointment. (2) A member of the Board may at any time by notice in writing to the Secretary for Health, Welfare and Food resign his office. (Amended 78 of 1999 s. 7; L.N. 106 of 2002) 2. If the Secretary for Health, Welfare and Food is satisfied that a member of the Board- (a) has become bankrupt or made a voluntary arrangement with his creditors within the meaning of the Bankruptcy Ordinance (Cap 6); (b) is incapacitated by physical or mental illness; or (c) is otherwise unable or unfit to discharge the functions of a member,the Secretary for Health, Welfare and Food may declare his office as a member of the Board to be vacant, and shall notify the fact in such manner as the Secretary for Health, Welfare and Food thinks fit; and upon such declaration the office shall become vacant. (Amended 78 of 1999 s. 7; L.N. 106 of 2002) 3. (1) The Chairman may appoint the time and place for the Board to meet. (2) The Secretary shall, or a member of the Board may, on the written requisition of not less than 3 members, give notice of a meeting of the Board to be held not sooner than 7 days but within 28 days from receipt of the requisition and appoint the time and place for that purpose. (3) The Board shall meet at least once every 12 months and as often as may be necessary to transact its business. (4) The Board shall not transact business at a meeting other than to adjourn unless there is a quorum of 1/2 of the members present. (5) The Board may make rules, not inconsistent with this section, setting out the procedures to be followed at meetings. (6) The Board shall lodge a copy of any rules made under subsection (5) with the Secretary for Health, Welfare and Food. (Amended 78 of 1999 s. 7; L.N. 106 of 2002) 4. The Board may transact any of its business by circulation of papers amongst members whether any such member is in or outside Hong Kong, and a resolution in writing which is approved in writing by a majority of the members shall be as valid and effectual as if it had been passed at a meeting of the Board. 5. A certificate signed by the Secretary that an instrument of the Board purporting to be made or issued by or on behalf of the Board was so made or issued shall be conclusive evidence of that fact. 6. Every document purporting to be an instrument made or issued by or on behalf of the Board and to be signed or executed by the Secretary or a person authorized by the Board to act in that behalf, shall be received in evidence and deemed, without further proof, to be so made or issued. Cap 529 Sched 2 EXEMPTIONS FROM ORDINANCE [section 29] 1. A medical practitioner or a dentist carrying out any treatment, test or surgery on an animal provided it is done at the request of a registered veterinary surgeon. 2. A medical practitioner who performs surgery on an animal for the purpose of removing an organ or tissue for use in the treatment of human beings. 3. A person who treats an animal by physiotherapy provided the treatment is carried out under the direction of a registered veterinary surgeon. 4. The owner (or his employee or a member of his household) when treating his own animal, provided such treatment does not include making a surgical incision into the abdominal or thoracic cavity. 5. A licensee under the Animals (Control of Experiments) Ordinance (Cap 340) when performing an experiment in accordance with the provisions of that Ordinance. 6. A person who is employed or retained by the Government for performing vaccinations on animals, while performing such vaccinations. 7. A person who administers first aid to an animal for the purpose of saving its life or relieving pain, provided such treatment does not include making a surgical incision into the abdominal or thoracic cavity.
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