Cap 161 Long title To consolidate and amend the law by making more comprehensive provisions regulating the registration of practitioners in medicine and surgery. [1 June 1957] (Originally 25 of 1957) Cap 161 s 1 Short title PART I CITATION AND INTERPRETATION This Ordinance may be cited as the Medical Registration Ordinance. Cap 161 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "Academy of Medicine" (医学专科学院) means the Hong Kong Academy of Medicine established by the Hong Kong Academy of Medicine Ordinance (Cap 419); (Added 7 of 1996 s. 2) "Amending Ordinance" (修订条例) means the Medical Registration (Amendment) Ordinance 1995 (87 of 1995); (Added 25 of 1997 s. 2) "approved subvented hospital" (经批准补助医院) means a hospital recognized by the Council as an approved subvented hospital for the purposes of this Ordinance; (Added 63 of 1982 s. 2) "Chairman" (主席) means the Chairman of the Council and includes any person elected to act as Chairman under section 3A(4); (Added 30 of 1966 s. 2. Amended 3 of 1988 s. 2) "committee" (委员会) means a committee established under section 20BA; (Added 7 of 1996 s. 2) "Commencement" (生效日期) means 1 September 1996, being the day on which the Amending Ordinance (other than sections 14 and 16 thereof) came into operation by virtue of the Medical Registration (Amendment) Ordinance 1995 (87 of 1995) (Commencement) Notice 1996 (L.N. 158 of 1996); (Added 25 of 1997 s. 2) "Council" (医务委员会) means the Medical Council of Hong Kong established under section 3; "Director" (署长) means the Director of Health; (Amended L.N. 76 of 1989) "Education and Accreditation Committee" (教育及评审委员会) means the committee established under section 20BA(2)(b); (Added 7 of 1996 s. 2) "Enactment Date" (制定日期) means 3 August 1995, being the date of the enactment of the Amending Ordinance; (Added 25 of 1997 s. 2) "Ethics Committee" (道德事务委员会) means the committee established under section 20BA(2)(c); (Added 7 of 1996 s. 2) "General Register" (普通科医生名册) means the register kept in accordance with section 6(1); (Added 7 of 1996 s. 2) "Health Committee" (健康事务委员会) means the committee established under section 20BA(2)(e); (Added 7 of 1996 s. 2) "Hospital Authority" (医院管理局) means the Hospital Authority within the meaning of the Hospital Authority Ordinance (Cap 113); (Added 7 of 1996 s. 2) "Licentiate Committee" (执照组) means the committee established under section 20BA(2)(a); (Added 7 of 1996 s. 2) "Licensing Examination" (执业资格试) means the examination set by the Council under section 7; (Added 87 of 1995 s. 2) "limited registration" (有限度注册) means registration limited in accordance with section 14A in respect of the period for which and the employment for the purposes of which it has effect; (Added 38 of 1992 s. 2) "Original Ordinance" (原条例) means the Medical Registration Ordinance (Cap 161) which was in force immediately before the Commencement; (Added 25 of 1997 s. 2) "Original Provisions" (原条文) means the provisions in the Original Ordinance which are set out in Schedule 3; (Added 25 of 1997 s. 2) "practice" (执业) includes the diagnosis of any form of disease whether the cases so diagnosed be treated medically or surgically or not; (Replaced 68 of 1986 s. 2) "practising certificate" (执业证明书) means a certificate issued under section 20A(2); (Added 70 of 1975 s. 2) "Preliminary Investigation Committee" (初步侦讯委员会) means the committee established under section 20BA(2)(d); (Added 7 of 1996 s. 2) "prescribed" (订明) means prescribed by regulations made under section 33; "provisional registration" and "provisionally registered" (临时注册) mean respectively provisional registration and provisionally registered in accordance with the provisions of section 12; "qualifying examination" (资格检定考试) means an examination which has to be passed in order to qualify for the award of a degree specified in section 8(1)(a); (Replaced 87 of 1995 s. 2) "registered medical practitioner" (注册医生) means a person who is registered, or is deemed to be so registered under the provisions of section 29; "Registrar" (注册主任) means the Registrar of Medical Practitioners; (Amended 70 of 1975 s. 2) "registration" and "registered" (注册) mean respectively registration and registered in accordance with the provisions of section 14, 14A or 14B; (Amended 63 of 1982 s. 2; 38 of 1992 s. 2; 7 of 1996 s. 2) "Secretary" (秘书) means the Secretary of the Council appointed under section 3B; (Added 30 of 1966 s. 2) "Specialist Register" (专科医生名册) means the register kept in accordance with section 6(3); (Added 7 of 1996 s. 2) "temporary registration" (暂时注册) means registration in accordance with section 14B. (Added 7 of 1996 s. 2) (Amended 25 of 1984 s. 2; 87 of 1995 s. 2; 7 of 1996 s. 2) Cap 161 s 3 Establishment and composition of Council Remarks: Adaptation amendments retroactively made - see 37 of 2000 s. 3 PART II THE MEDICAL COUNCIL OF HONG KONG (1) There shall be established within Hong Kong a Council to be called the Medical Council of Hong Kong. (Amended 25 of 1984 s. 10) (2) The Council shall consist of- (a)-(b) (Repealed 7 of 1996 s. 3) (c) 2 registered medical practitioners to be nominated by the Director and appointed by the Chief Executive; (Amended 25 of 1984 s. 10) (d) 2 registered medical practitioners nominated by the University of Hong Kong and appointed by the Chief Executive; (Amended 63 of 1982 s. 3) (da) 2 registered medical practitioners nominated by the Chinese University of Hong Kong and appointed by the Chief Executive; (Added 63 of 1982 s. 3) (db) 2 registered medical practitioners to be nominated by the Hospital Authority and appointed by the Chief Executive; (Added 68 of 1990 s. 24) (e)-(f) (Repealed 7 of 1996 s. 3) (g) 4 lay members to be appointed by the Chief Executive; (Added 3 of 1988 s. 3) (h) 2 registered medical practitioners nominated by the Academy of Medicine and appointed by the Chief Executive; (Added 7 of 1996 s. 3) (i) 7 registered medical practitioners who are members of the Hong Kong Medical Association and nominated in accordance with the regulations or procedures of the Association relating to the filling of offices under this paragraph and elected by the Council members of the Association in accordance with those regulations or procedures; (Added 7 of 1996 s. 3) (j) 7 registered medical practitioners registered in Part I of the General Register and ordinarily resident in Hong Kong elected by all registered medical practitioners registered in Parts I and III of the General Register pursuant to an election held under the Election Regulation. (Added 7 of 1996 s. 3) (Replaced 14 of 1960 s. 2. Amended 37 of 2000 s. 3) (3) Subject to subsections (4) and (6), a member of the Council appointed under subsection (2)(c), (d), (da), (g) or (h) shall hold office for a period of 3 years from the date of his appointment and, at the expiry of his period of appointment or of any period for which he is reappointed, shall be eligible for reappointment for further periods of 3 years each. (Amended 63 of 1982 s. 3; 3 of 1988 s. 3) (3A) Subject to subsections (4) to (6), a member elected under subsection (2)(i) or (j), other than the first 14 members elected under subsection (2)(i) and (j) and a member elected to fill a vacancy caused by an elected member ceasing to be a member in accordance with subsection (4), (6) or (6A), shall hold office for 3 years from the date of notification in the Gazette of his having been elected, and shall be eligible for re-election. (Added 7 of 1996 s. 3) (3B) Subject to subsection (5A), the Hong Kong Medical Association shall, within 3 months before the expiry of the period of office of a member of the Council holding office under subsection (2)(i), conduct an election to elect a person qualified under subsection (2)(i) to succeed that member. (Added 7 of 1996 s. 3) (4) Any member of the Council may at any time resign by giving notice in writing to the Chairman. (5) Where, before the expiry of the period of his appointment, any member of the Council appointed by the Chief Executive resigns or his office becomes vacant, the Chief Executive may appoint a person who is suitably qualified for appointment under subsection (2) to hold office in place of that member until the expiry of the period for which he was appointed. (Amended 37 of 2000 s. 3) (5A) Where, before the expiry of the office of a member holding office under subsection (2)(i), the member resigns or his office becomes vacant, the Hong Kong Medical Association shall, as soon as possible, conduct an election to elect a person qualified under subsection (2)(i) to fill that vacancy, and the member elected to fill the vacancy shall hold office from the date of election until the expiry of the original term of office of the person whom he succeeds. (Added 7 of 1996 s. 3) (5B) Where, before the expiry of the period of office of a member holding office under subsection (2)(j), the member resigns or his office becomes vacant, and- (a) if the unexpired period of his office at the time the vacancy arises is not less than 1 year, an election under the Election Regulation shall be conducted for the purpose of filling that vacancy; (b) if the unexpired period of his office at the time the vacancy arises is less than 1 year, the Council shall, as soon as possible, on the nomination of any member of the Council, appoint a registered medical practitioner whom the Council considers appropriate to fill that vacancy, and the member so elected or appointed to fill the vacancy shall hold office from the date of election or appointment, as the case may be, until the expiry of the original term of office of the person whom he succeeds. (Added 7 of 1996 s. 3) (5C) Of the first 7 members elected to hold office under subsection (2)(i)- (a) 3 shall hold office for 3 years; (b) 2 shall hold office for 2 years; and (c) 2 shall hold office for 1 year, all from the date of notification in the Gazette of their having been elected and the Council of the Hong Kong Medical Association shall, in its absolute discretion, determine the respective term of office of each such elected member in accordance with this subsection. (Added 7 of 1996 s. 3) (5D) Of the first 7 members elected to hold office under subsection (2)(j)- (a) 3 shall hold office for 3 years; (b) 2 shall hold office for 2 years; and (c) 2 shall hold office for 1 year, all from the date of notification in the Gazette of their having been elected, and the respective term of office of each such member shall be determined in accordance with the Election Regulation. (Added 7 of 1996 s. 3) (6) If any member appointed by the Chief Executive- (a) is sentenced to a term of imprisonment for any offence; (b) is the subject of an order made under section 21 or 21A; (c) becomes bankrupt or makes an arrangement with his creditors; (d) is found by the Health Committee after due hearing to be incapacitated from carrying out the duties of his office by reason of physical or mental illness; (e) is no longer ordinarily resident in Hong Kong; or (f) is, in the opinion of the Chief Executive, unable or unfit to perform his duties and exercise his powers as a member of the Council, the Chief Executive may declare the member's office of membership of the Council to be vacant. (Amended 37 of 2000 s. 3) (6A) If an elected member or any member appointed by the Council- (a) is sentenced to a term of imprisonment for any offence; (b) is the subject of an order made under section 21 or 21A; (c) becomes bankrupt or makes an arrangement with his creditors; (d) is found by the Health Committee after due hearing to be incapacitated from carrying out the duties of his office by reason of physical or mental illness; (e) is no longer ordinarily resident in Hong Kong; or (f) is, in the opinion of the Council, unable or unfit to perform his duties and exercise his powers as a member of the Council, the Council may declare the member's office of membership of the Council to be vacant. (Added 7 of 1996 s. 3) (7) Notwithstanding anything in this section, a person- (a) against whom an order under section 21 has at any time been made; or (b) who is- (i) undergoing a sentence of imprisonment; (ii) detained in a mental hospital; or (iii) an undischarged bankrupt, shall not be eligible for appointment, reappointment, election or re-election, as the case may be, as a member of the Council. (8) In this section, "Election Regulation" (选举规例) means the regulation made under section 33(4)(b). (Added 7 of 1996 s. 3) (Amended 70 of 1975 s. 3; 7 of 1996 s. 3) Cap 161 s 3A Chairman of the Council (1) The Chairman of the Council shall- (a) be elected by the members from amongst themselves; (b) subject to subsection (5), hold office for 3 years or until he ceases to hold office as a member, whichever is the earlier; and (c) be eligible for re-election. (2) If the office of Chairman becomes vacant due to effluxion of time, or as a result of resignation or otherwise, the Secretary shall convene a meeting of the Council within 3 months of the occurrence of such vacancy for the purpose of electing a Chairman. (3) The Secretary shall preside at a meeting held under subsection (2) until the Chairman is elected and assumes office, but he shall not have an original or a casting vote. (4) If the Chairman is unable to perform the functions of his office for any period due to absence from Hong Kong or any other reason, the members of the Council shall at a meeting of the Council elect one of themselves to act in his place for the duration of that period and notwithstanding any provision in this Ordinance, the Secretary may, where necessary, convene a meeting for the purpose of such election. (5) The Chairman may at any time resign his office by giving notice in writing to the Secretary. (Replaced 3 of 1988 s. 4) Cap 161 s 3B Secretary of, and legal adviser to the Council Remarks: Adaptation amendments retroactively made - see 37 of 2000 s. 3 The Council shall have a secretary, one or more deputy secretaries and a Legal Adviser who shall be appointed by the Chief Executive. (Added 70 of 1975 s. 4. Amended 7 of 1996 s. 4; 37 of 2000 s. 3) Cap 161 s 3C Temporary members Remarks: Adaptation amendments retroactively made - see 37 of 2000 s. 3 (1) If any member of the Council appointed by the Chief Executive is, because of illness, absence from Hong Kong or any other reason, 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 3(2) (not being one who is disqualified from holding office under section 3 or who has been removed from office under that section) to be a temporary member of the Council in the place of the member during that period. (Amended 7 of 1996 s. 5; 37 of 2000 s. 3) (1A) If any elected member of the Council or any member appointed by the Council under section 3 is, because of illness, absence from Hong Kong or any other reason, unable to perform his duties and exercise his powers as a member of the Council for any period, the Council may appoint another person who is suitably qualified for appointment under section 3(2) (not being one who is disqualified from holding office under section 3 or who has been removed from office under that section) to be a temporary member of the Council in the place of the member during that period. (Added 7 of 1996 s. 5) (2) While any person is acting as a temporary member of the Council, he shall be capable of performing all the duties and of exercising all the powers of the member whom he is temporarily replacing. (Added 70 of 1975 s. 4) Cap 161 s 4 Meetings of the Council (1) The Council shall meet at such times and such places as the Chairman may appoint. (Amended 3 of 1988 s.5) (2) Except in an inquiry under section 21, in an appeal hearing under section 20F, 20O or 20W, or in an election petition under the Election Regulation as defined in section 3, at any meeting of the Council 13 members shall be a quorum. (Replaced 7 of 1996 s. 6) (2A) In a meeting of the Council to hear an appeal under section 20F, 20O or 20W or an election petition under the Election Regulation as defined in section 3, 5 members shall be a quorum. (Added 7 of 1996 s. 6) (3) The validity of any proceedings of the Council shall not be affected by any vacancy among the members thereof or by any defect in the appointment of a member thereof. (4) All questions coming or arising before a meeting of the Council shall be decided by a majority of the members of the Council present and voting thereon. (4A) Except for an inquiry under section 21, for an appeal hearing under section 20F, 20O or 20W and for an election petition under the Election Regulation as defined in section 3, the Council may transact any of its business by circulation of papers without meeting; and a resolution signed by all the members of the Council for the time being present in Hong Kong is as valid and effective as if it had been passed at a meeting by the votes of the members so signing. (Added 7 of 1996 s. 6) (5) The Chairman at any meeting of the Council shall have an original vote and also, if upon any question the votes shall be equally divided, a casting vote except in an inquiry under section 21 at which he shall have only an original vote. (6) The Council may make standing orders for regulating the procedure at, and in connection with, its meetings. Cap 161 s 5 Registrar PART III REGISTRATION OF MEDICAL PRACTITIONERS For the purposes of this Ordinance, there shall be a Registrar of Medical Practitioners who shall be the Director. Cap 161 s 6 Registers (1) The Registrar shall cause a register, to be called the General Register, to be kept in such form as he thinks fit and containing the names, addresses and qualifications, and such other particulars as he thinks necessary- (a) in Part I of the General Register, of all persons who have been registered under section 14; (b) in Part II of the General Register, of all persons who have been provisionally registered under section 12 but have not been registered under section 14; (c) in Part III of the General Register, of all persons with limited registration; (d) in Part IV of the General Register, of all persons with temporary registration. (2) The Registrar is responsible for the maintenance and custody of the General Register. (3) The Registrar shall cause a register, to be called the Specialist Register, to be kept in such form as he thinks fit and containing the names, addresses, qualifications and experience, and such other particulars as he thinks necessary of those persons who have been approved by the Council to have their names included in the Specialist Register. (Added 7 of 1996 s. 7) (4) The Registrar is responsible for the maintenance and custody of the Specialist Register. (Added 7 of 1996 s. 7) (Replaced 7 of 1996 s. 39) Cap 161 s 7 Council to set Licensing Examination (1) The Council shall set an examination, called the Licensing Examination, the passing of which shows the achievement of a standard acceptable for registration, under section 8(1)(b), as a medical practitioner. (2) Without prejudice to section 7A, the Council 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 medicine, surgery and midwifery which a person must comply with before the Council allows him to take the Licensing Examination or any part thereof. (3) The Council may prohibit a person from taking the Licensing Examination if the person has taken any one part of the Licensing Examination 5 consecutive times and has failed each time. (4) Subject to subsection (5) and such conditions as the Council thinks fit, the Council may exempt a person from taking any part of the Licensing Examination. (5) The Council shall not exempt a person from taking any part or parts of the Licensing Examination in respect of medical knowledge unless the person satisfies the Council that he has substantial experience of the practice of medicine and surgery, or, as the case may be, medicine, surgery and midwifery. (6) The Council may delegate any or all of its functions under this section to the Committee. (Replaced 87 of 1995 s. 4) Cap 161 s 7A Eligibility for taking Licensing Examination (1) No person shall be eligible to take the Licensing Examination unless- (Amended 7 of 1996 s. 40) (a) he makes an application in that behalf to the Council and pays to the Registrar a prescribed fee for taking the Licensing Examination; and (b) he satisfies the Council- (i) that at the time of the application he has satisfactorily completed not less than 5 years full time medical training of a type approved by the Council and is the holder of a medical qualification acceptable to the Council; and (ii) that he is of good character. (2) For the purpose of subsection (1)(b)(i), the 5 years full time medical training shall include a period of internship as approved by the Council. (Added 7 of 1996 s. 40) (Added 87 of 1995 s. 5.) Cap 161 s 8 Qualification for registration under section 14 (1) A person is not qualified to be registered as a medical practitioner under section 14 unless- (a) he has been awarded a degree of medicine and surgery by a university in Hong Kong specified in Schedule 1 and is also certified under section 9 that he has had the experience specified in that section; (Amended 7 of 1996 s. 41) (b) he has passed the Licensing Examination and has completed the period of assessment provided for in section 10A; (c) his name was, immediately before the commencement of section 6 of the Medical Registration (Amendment) Ordinance 1995 (87 of 1995), on Part I or III of the register kept under section 6 immediately before such commencement; or (d) he was at any time registered in Part I or III of the register kept immediately before such commencement but has been removed subsequently and he satisfies the Council that he is of good character and is still up to such professional standard acceptable to the Council. (2) The Council may, with the prior approval of the Legislative Council, by notice in the Gazette, amend Schedule 1. (Amended 7 of 1996 s. 41) (Replaced 87 of 1995 s. 6) Cap 161 s 8A (Repealed) (Repealed 87 of 1995 s. 6) Cap 161 s 9 Certificate of experience (1) A certificate for the purposes of section 8(1)(a) shall not be granted in respect of any person unless after passing a qualifying examination he has been engaged in employment in a resident medical capacity in an approved hospital or in an approved institution for such period as may be prescribed. (Amended 87 of 1995 s. 7) (2) A person satisfying the condition specified in subsection (1) may apply to the university specified in Schedule 1 which awarded him the degree of medicine and surgery for a certificate under this section, and if the university is satisfied that- (Amended 63 of 1982 s. 7; 87 of 1995 s. 7; 7 of 1996 s. 42) (a) during the time the applicant has been so employed as aforesaid he has been engaged for such period or minimum period as may be prescribed in medicine, and for such period or minimum period as may be prescribed in surgery; and (b) his service while so employed has been satisfactory,the university shall grant, in such form as may be specified by the Council, a certificate that it is so satisfied. (Amended 87 of 1995 s. 7; 7 of 1996 s. 42) (3) Time during which an applicant, while employed as mentioned in subsection (1) has been engaged in midwifery, not exceeding such period as may be prescribed, shall be counted for the purposes of subsection (2)(a) either as time spent in medicine or as time spent in surgery, as the applicant may elect. (4) Where during any period of such employment as is referred to in subsection (1) an applicant who has been engaged in medicine has also been engaged in surgery or in midwifery or both, or an applicant who has been engaged in surgery has also been engaged in midwifery, the period shall be apportioned for the purposes of this section in such manner as may be determined by the body granting the qualifying diploma by virtue of which the applicant claims registration. (5) In this section- (a) "approved" (认可), in relation to a hospital or institution, means approved for the time being by a university specified in Schedule 1 for the purposes of this section; (Amended 63 of 1982 s. 7; 87 of 1995 s. 7; 7 of 1996 s. 42) (b) reference to employment in a resident medical capacity shall be construed as reference to employment in the practice of medicine, surgery or midwifery, where the person in question is resident in the hospital or institution where he is employed or conveniently near thereto, and by the terms of his employment is required to be so resident. Cap 161 s 10 (Repealed) (Repealed 87 of 1995 s. 8) Cap 161 s 10A Period of assessment (1) A person who has passed the Licensing Examination and who wishes to be registered as a medical practitioner under section 14 shall complete, to the satisfaction of the Council, such period of assessment as the Council may determine, not exceeding the prescribed period, in an approved hospital or in an approved institution. (Amended 87 of 1995 s. 9) (2) The Council may reduce the period of assessment determined in the case of any person, or may extend the period so determined and any such extension of that period may require a period of assessment exceeding the prescribed period. (3) Where the Council is of the opinion that a person undergoing a period of assessment is unlikely to attain the professional standards required of a registered medical practitioner, the Council may terminate that person's period of assessment. (Amended 87 of 1995 s. 9) (4) In this section "approved" (认可), in relation to a hospital or institution, means approved by the Council for the purposes of this section. (Added 70 of 1976 s. 6) Cap 161 s 11 (Repealed) (Repealed 87 of 1995 s. 10) Cap 161 s 12 Provisional registration Remarks: Adaptation amendments retroactively made - see 37 of 2000 s. 3 (1) A person who has passed the Licensing Examination or a qualifying examination may be provisionally registered, on application to the Registrar and production to the Registrar of evidence to the satisfaction of the Registrar that- (a) he has been engaged in employment as is mentioned in section 9(1); or (b) he has been engaged to undergo a period of assessment as mentioned in section 10A(1), and on payment of a prescribed fee. (Replaced 87 of 1995 s. 11) (1A) A person who is entitled to be provisionally registered under section 35(7) shall be provisionally registered on application to the Registrar and production to the Registrar of evidence to the satisfaction of the Registrar that he has been selected for such employment as is mentioned in section 9(1) of the Original Provisions and on payment of a prescribed fee. (Added 25 of 1997 s. 3) (2) Any person who has been provisionally registered in Part II of the General Register shall be deemed to be registered as far as is necessary- (Amended 70 of 1976 s. 7; 87 of 1995 s. 11; 7 of 1996 s. 43) (a) to enable him to be employed as mentioned in section 9(1); (aa) to enable him to serve a period of assessment under section 10A; (Added 70 of 1976 s. 7) (b) in order that the provisions of sections 19, 20T and 20V and of Part IV may be applicable to him; (Amended 7 of 1996 s. 43) (c) for the purpose of section 5 of the Jury Ordinance (Cap 3) and for the purpose of such other enactments as may be prescribed; and (d) for any other purpose which the Chief Executive in Council may by order direct, (Amended 37 of 2000 s. 3)but not further. Cap 161 s 13 Degrees, etc. (1) No degree or qualification shall be entered on the General Register, either on the first registration or by way of addition to a registered name, unless the Registrar is satisfied by such evidence as he may consider sufficient that the person claiming such degree or qualification is entitled thereto. (Amended 7 of 1996 s. 8) (2) Every person registered under this Ordinance who obtains any additional degree or other qualification other than the qualification in respect of which he has been registered, shall be entitled subject to the provisions of this section to have such additional degree or other qualification inserted in the General Register in substitution for or in addition to the qualification previously registered. (Amended 7 of 1996 s. 8) (3) The Council may decide what additional degrees and other qualifications may be entered on the General Register. (Amended 25 of 1984 s. 6; 7 of 1996 s. 8) (4) Where the Council is of the opinion that a degree or qualification, previously allowed to be entered on the General Register, is no longer appropriate to be entered on it, the Council may, after giving notice to all the persons registered with the degree or qualification, erase the degree or qualification from the entry on the General Register of the persons concerned. (Added 7 of 1996 s. 8) Cap 161 s 13A Title of registered medical practitioner A registered medical practitioner is entitled to be known in the English language as "registered medical practitioner of the Medical Council of Hong Kong" or the abbreviation "registered medical practitioner" and in the Chinese language as " 香港医务委员会注册医生" or the abbreviation " 注册医生". (Replaced 87 of 1995 s. 12) Cap 161 s 14 Registration (1) Any person entitled to be registered under this section and section 35(7) may apply to the Registrar for registration. (Amended 87 of 1995 s. 13; 25 of 1997 s. 4) (2) Applications for registration under this section shall be made in such manner and form as the Registrar determines and shall be accompanied by such documents and particulars and by such fee as may be prescribed. (Amended 34 of 1995 s. 13. Replaced 7 of 1996 s. 9) (3) Where a person has complied with the provisions of subsection (2), he shall, subject to the provisions of this Ordinance, be registered by the Registrar who shall issue to him a licence of the Medical Council of Hong Kong in such form as the Registrar determines. (Amended 87 of 1995 s. 13; 7 of 1996 s. 44) (4) The Council may, if satisfied after due inquiry that an applicant for registration- (a) has been convicted in Hong Kong or elsewhere of any offence punishable with imprisonment; or (Amended 25 of 1984 s. 10) (b) has been guilty of misconduct in a professional respect; or (Amended 7 of 1996 s. 9) (c) is not of good character, (Added 7 of 1996 s. 9) order that the name of the applicant be not entered upon the General Register. (Added 95 of 1970 s. 3. Amended 33 of 1971 s. 2; 7 of 1996 s. 44) (5) Such of the provisions of section 21 as are capable of application to an inquiry held for the purposes of this section shall apply to such inquiry, and any such provision may be construed with such modifications not affecting the substance as may be necessary to render it conveniently applicable. (Added 95 of 1970 s. 3) Cap 161 s 14A Limited registration Remarks: Adaptation amendments retroactively made - see 23 of 1998 s. 2 (1) The Council, having regard to any representations made to it, may determine and promulgate from time to time the employment or type of employment in respect of which limited registration is appropriate or necessary. (1A) A person wishing to be registered under this section may apply to the Registrar in such manner or form as the Registrar may determine and shall submit to the Registrar such documents and particulars and such fee as may be prescribed. (Added 87 of 1995 s. 14) (2) Subject to subsection (2A), where a person satisfies the Council- (Amended 87 of 1995 s. 14) (a) that he has been selected for employment or for a type of employment determined and promulgated by the Council under subsection (1); (b) that he has obtained an acceptable overseas qualification; (c) that he has had adequate and relevant full-time post-qualification clinical experience; (d) that he is registered with an approved medical authority outside Hong Kong; and (Amended 23 of 1998 s. 2) (e) that he is of good character, he shall, if the Council so directs, be registered as a medical practitioner with limited registration. (2A) A person who does not satisfy the Council that he fulfils the requirements of subsection (2)(b), (c) or (d) but satisfies the Council that he fulfils the other requirements of subsection (2) may, if the Council so directs, be registered as a medical practitioner with limited registration subject to such restrictions and conditions regarding his practice as specified by the Council. (Added 87 of 1995 s. 14) (3) The limits of a person's registration under this section shall be defined in the direction under subsection (2) or (2A) by specifying- (Amended 87 of 1995 s. 14) (a) a period, not exceeding 1 year, as the period for which the registration is to have effect; (Amended 87 of 1995 s. 14) (b) the employment or type of employment for the purposes of which the registration has effect; and (Amended 87 of 1995 s. 14) (c) restrictions and conditions regarding the practice of a medical practitioner with limited registration, if any, as specified by the Council, (Added 87 of 1995 s. 14) and such registration shall have effect for the period and for the purposes of the employment or type of employment specified in the direction. (4) The Council may refuse an application for limited registration or renewal of such registration if it is satisfied that- (a) the requirements of subsection (2) have not been complied with; or (b) the employment or type of employment to which the application relates is one in respect of which limited registration is no longer appropriate or necessary; or (c) it is reasonable in all the circumstances to do so. (5) Where the Council refuses an application referred to in subsection (4), the Secretary shall forthwith notify the applicant in writing of the refusal and the grounds for refusal. (6) Section 14 shall apply, with necessary modifications, to an application for limited registration made under this section. (7) Where a person with limited registration under this section applies for renewal of the registration, such renewal shall, if the Council so directs, be renewed- (a) for a period not exceeding 1 year from the expiry of the current registration; (b) for the purposes of the employment or type of employment specified in the direction. (8) Upon renewal of limited registration under this section, the Registrar shall issue a new certificate of limited registration in such form as the Registrar determines. (Amended 7 of 1996 s. 10) (9) In this section- "acceptable overseas qualification" (可接纳的海外资格) means any qualification obtained outside Hong Kong which is recognized by the Council for the purposes of this section as being sufficient evidence of the possession of the requisite knowledge and skill for the efficient practice of medicine, surgery and midwifery; "approved" (认可) means approved by the Council for the purposes of this section. (Added 38 of 1992 s. 5) Cap 161 s 14B Temporary registration (1) Where an institution specified in subsection (2) intends to engage a person- (a) who does not have any of the qualifications for registration referred to in section 8; or (b) who has a qualification that qualifies him for registration referred to in section 8 but it is impracticable for him to obtain registration under section 14 in the circumstances, exclusively in performing clinical teaching or research for the institution, the institution shall apply to the Council in such form as specified by the Council on behalf of the person for temporary registration of the person and shall supply such further information about the person as required by the Council. (2) The institutions referred to in subsection (1) are- (a) the Department of Health; (b) the Hospital Authority; (c) the University of Hong Kong; and (d) The Chinese University of Hong Kong. (3) Where the Academy of Medicine supports the engagement by a private hospital of a person referred to in subsection (1) exclusively in performing clinical teaching or research in the private hospital, the Department of Health may, at the request of the Academy of Medicine and upon such conditions as the Department thinks fit, apply to the Council in such form as specified by the Council for temporary registration of the person and the Academy of Medicine shall supply such further information about the person as required by the Council. (4) The Council may determine and promulgate the details to be supplied under subsection (1) or (3). (5) Where the Council is satisfied that it is appropriate and necessary for the person, the subject of an application under subsection (1) or (3), to be registered under this section to enable him to perform the clinical teaching or research concerned, the Council may direct the Registrar to register him as a medical practitioner with temporary registration for a period not exceeding 14 days. (6) No certificate or licence is issued on a registration under this section. (7) The Council may delegate its power under this section to a committee or the Registrar. (Added 7 of 1996 s. 11) Cap 161 s 15 Publication of General Register and evidence of registration, etc. (1) As soon as may be after 1 January of every year, the Registrar shall prepare and publish in the Gazette a list of the names, addresses, qualifications and dates of the qualifications of all persons whose names appear on Part I and Part III of the General Register on 1 January immediately preceding the publication of the list in the Gazette. (Amended 70 of 1976 s. 9; 38 of 1992 s. 6; 87 of 1995 s. 15; 7 of 1996 s. 45) (2) As soon as may be after 1 July of every year, the Registrar shall prepare and publish in the Gazette a list of the names, addresses, qualifications and dates of the qualifications of all persons whose names were added to Part I and Part III of the General Register between 1 January and 1 July of such year. (Amended 70 of 1976 s. 9; 38 of 1992 s. 6; 87 of 1995 s. 15; 7 of 1996 s. 45) (3) The publication of a list referred to in subsection (1) or (2) shall be prima facie evidence that each person named in such list is registered. (4) The absence of the name of any person from the list last published under subsection (1) and any list subsequently published under subsection (2) shall be prima facie evidence that such person is not registered. (5) A certificate under the hand of the Registrar stating that the name of a person is or is not at any date or was or was not at any date registered in Part I, III or IV of the General Register or provisionally registered in Part II of the General Register, as the case may be, shall be conclusive evidence in all courts of law of the facts stated in such certificate. (Replaced 7 of 1996 s. 45) Cap 161 s 16 Privileges of registered medical practitioners (1) Subject to section 20A, every registered medical practitioner shall be entitled to practise medicine, surgery and midwifery and to recover in due course of law reasonable charges for professional aid, advice and visits and the value of any medicine or any medical or surgical appliances rendered, made or supplied by him to his patients. (Amended 70 of 1975 s. 5) (2) Subject to the provisions of sections 30 and 31, 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 medical practitioner: Provided that nothing in this subsection shall affect the practice of midwifery by any person duly licensed in that behalf under the provisions of any law in force in Hong Kong. (Amended 25 of 1984 s. 10) Cap 161 s 17 Medical certificates No certificate or other document required by any written law to be signed by a duly qualified medical practitioner given after the commencement of this Ordinance shall be valid unless signed by a person who at the date of such signing was a registered medical practitioner. Cap 161 s 18 Definition The words "legally qualified medical practitioner" (具法定资格的医生) or "duly qualified medical practitioner" (正式符合资格的医生) or any words importing a person recognized by law as a medical practitioner or member of the medical profession, when used in any written law with reference to such persons, shall be construed to mean a registered medical practitioner. Cap 161 s 19 Power of Council to order removal of names from General Register (1) The Council may order the removal from the General Register of the name of any person who- (Amended 7 of 1996 s. 12) (a) is deceased; (b) has not, before 30 June of a year, obtained his practising certificate issued under section 20A(2) for that year or his retention certificate issued under section 19A for that year, as may be appropriate; (Replaced 7 of 1996 s. 12) (c) being a person required to be the holder of a practising certificate, has practised medicine, surgery or midwifery in Hong Kong for a period exceeding 6 months without having obtained such a certificate; or (d) has failed to supply the Registrar with an address in Hong Kong at which notices from the Council may be served on him. (2) Any person who fails to acknowledge within 4 months after the date of dispatch the receipt of a registered letter or a telegram addressed to him at the last address in Hong Kong supplied by him to the Registrar shall be deemed to have failed to supply the Registrar with an address under subsection (1)(d). (Amended 7 of 1996 s. 12) (Replaced 70 of 1975 s. 6) Cap 161 s 19A Medical practitioners resident outside Hong Kong Remarks: Adaptation amendments retroactively made - see 23 of 1998 s. 2; 37 of 2000 s. 3 (1) A registered medical practitioner who is resident outside Hong Kong and has ceased to practise medicine, surgery or midwifery in Hong Kong, or any branch of medicine or surgery in Hong Kong, may apply to the Registrar for the transfer of his name from the resident list to the non-resident list as specified in Part I of the General Register. (2) Subject to- (a) the submission of evidence that the applicant has not been convicted in Hong Kong or elsewhere of any offence punishable with imprisonment; (b) the payment of the prescribed fee for alteration of the General Register; and (c) the payment of the prescribed retention fee, the Registrar may transfer the applicant's name from the resident list to the non-resident list and upon the transfer, shall issue to the applicant a certificate to the effect that he is, subject to any conditions and restrictions specified in the certificate, entitled to have his name remain in the General Register for the period specified in the certificate. (3) If the registered medical practitioner is desirous of having his name remain on the non-resident list beyond the period specified in the certificate issued under subsection (2), he may, within 2 months before the expiry of the certificate, apply to the Registrar for renewal of the certificate. (4) Upon an application under subsection (3) and subject to- (a) the submission of evidence that the applicant has not been convicted in Hong Kong or elsewhere of any offence punishable with imprisonment; and (b) the payment of the prescribed retention fee, the Registrar shall issue to the applicant a certificate to the effect that he is, subject to any conditions and restrictions specified in the certificate, entitled to have his name remain in the General Register for the period specified in the certificate. (5) Where a registered medical practitioner returns to Hong Kong and resumes the practice of medicine, surgery or midwifery in Hong Kong, or any branch of medicine or surgery in Hong Kong, he shall apply to the Registrar for- (a) the transfer of his name from the non-resident list to the resident list; and (b) a practising certificate issued under section 20A. (6) Upon an application under subsection (5)(a) and subject to- (a) the submission of evidence that the applicant has not been convicted in Hong Kong or elsewhere of any offence punishable with imprisonment and has not been guilty of misconduct in a professional respect while residing and practising outside Hong Kong; and (Amended 37 of 2000 s. 3) (b) the payment of the prescribed fee for alteration of the General Register, the Registrar may transfer the applicant's name from the non-resident list to the resident list. (Added 7 of 1996 s. 13. Amended 23 of 1998 s. 2) Cap 161 s 19B Power of Council to order removal of names from Specialist Register (1) If- (a) the Council orders a removal of the name of a person under section 19(1); and (b) that person's name is also included in the Specialist Register, the Registrar shall, at the same time when he removes that person's name from the General Register, also order the removal of his name from the Specialist Register. (2) The Council may, upon a recommendation of the Education and Accreditation Committee and without conducting an inquiry under section 21, order the removal of the name of a registered medical practitioner from the Specialist Register permanently or for a period as the Council thinks fit. (Added 7 of 1996 s. 14) Cap 161 s 20 Alterations to registers (1) The Registrar may on payment of the prescribed fee amend any entry in the General Register or the Specialist Register if any alteration in or addition to the address or qualification of or other relevant information relating to the person named in such entry shall have come to his knowledge. (Amended 63 of 1982 s. 9) (2) The Registrar shall make such amendments to the General Register or the Specialist Register as are made necessary by any decision of the Council. (Amended 7 of 1996 s. 15) Cap 161 s 20A Medical practitioner not to practise without practising certificate Remarks: Adaptation amendments retroactively made - see 37 of 2000 s. 3 (1) Subject to this section, a registered medical practitioner shall not practise medicine, surgery or midwifery in Hong Kong, or any branch of medicine or surgery in Hong Kong, unless he is the holder of a practising certificate which is then in force. (2) On application made to the Registrar for the purpose of the issue of a practising certificate by a registered medical practitioner, and subject to- (a) the payment of the prescribed fee for the issue of a practising certificate; and (b) the submission of evidence that the registered medical practitioner has not been convicted in Hong Kong or elsewhere of any offence punishable with imprisonment, the Registrar shall issue to the registered medical practitioner a certificate to the effect that he is, subject to any conditions and restrictions specified in the certificate, entitled to practise medicine, surgery and midwifery in Hong Kong. (Replaced 7 of 1996 s. 16) (3) 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 subsections (4A), (4B) and (5), be in force from the time of its issue until the end of that year. (Amended 7 of 1996 s. 16) (4) 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 subsections (4A), (4B) and (5), be in force for a period of 12 months commencing on 1 January in that following year. (Amended 7 of 1996 s. 16) (4A) Where a practising certificate for limited registration is issued or renewed under section 14A, the certificate shall, subject to subsection (5), be in force for the period specified in the certificate. (Added 38 of 1992 s. 7) (4B) Where a practising certificate is issued to a person registered under section 14B, the certificate shall, subject to subsection (5), be in force for the period specified in the certificate. (Added 7 of 1996 s. 16) (5) If at any time during the currency of a practising certificate issued under this section, the holder of the certificate ceases to be registered under this Ordinance, the certificate shall thereupon be deemed to be cancelled. (Amended 34 of 1995 s. 14) (6) Any person who is required under this section to be the holder of a practising certificate under this section shall be deemed to have obtained the certificate when he has duly applied to the Registrar and paid the prescribed fee for the issue of the practising certificate. (7) This section applies to any person registered under section 14, 14A or 14B, but does not apply to- (a) any person provisionally registered under section 12; (b) any person deemed to be registered as a medical practitioner by virtue of section 29(a) or (b); (c) any person in respect of whom the Chief Executive has given consent under section 30; (Amended 37 of 2000 s. 3) (d) any person to whom section 31 relates; or (e) any qualified person in so far as he renders medical or surgical treatment to a person in an emergency. (Replaced 7 of 1996 s. 16) (8) A person who is required under this section to be the holder of a practising certificate shall not be entitled to recover any fees, costs or other remuneration unless he was, at the time when the cause of action arose, the holder of a valid practising certificate. (Added 70 of 1975 s. 7. Amended 38 of 1992 s. 7) Cap 161 s 20B Recovery of practising fees (1) If any registered medical practitioner contravenes subsection (1) of section 20A, the amount of the prescribed fee payable by him under subsection (2) of that section shall be recoverable as a civil debt by complaint made in the name of the Registrar to a magistrate. (2) A summons issued in relation to the recovery of the prescribed fee for the issue of a practising certificate under this section may, notwithstanding section 8(2) of the Magistrates Ordinance (Cap 227), be served by sending it by post to the medical practitioner concerned at his last known address; and a certificate purporting to be signed by or on behalf of the Registrar shall, until the contrary is proved, be evidence of service of the summons. (3) If in any proceedings under this section- (a) the medical practitioner concerned does not appear before a magistrate at the time and place specified in the summons; and (b) service of the summons under subsection (2) is proved, the magistrate shall, if he is satisfied that the practitioner has been given an adequate period of notice of the proceedings, proceed to deal with the complaint as if the practitioner had appeared. (4) In any proceedings under this section a certificate purporting to be under the hand of the Registrar to the effect that the medical practitioner concerned had not paid the prescribed fee for the issue of a practising certificate shall, until the contrary is proved, be evidence of non-payment of the fee. (5) If the magistrate makes an order requiring the medical practitioner to pay the prescribed fee for the issue of a practising certificate, he shall at the same time make an order requiring the medical practitioner to pay an additional amount by way of surcharge at the rate of treble the amount of the said prescribed fee. (6) For the purposes of section 51 of the Magistrates Ordinance (Cap 227) any fee and surcharge which a medical practitioner is liable to pay under this section shall be deemed to be a sum of money required to be paid under an order by a magistrate. (7) On recovery from a medical practitioner of a prescribed fee under this section, together with the surcharge ordered to be paid under subsection (5), the Registrar shall, if the medical practitioner's name appears on the General Register, issue the medical practitioner with the appropriate practising certificate. (Amended 34 of 1995 s. 15; 7 of 1996 s. 17) (Added 70 of 1975 s. 7) Cap 161 s 20BA Establishment of committees and sub-committees PART IIIAA COMMITTEES AND SUB-COMMITTEES (1) The Council may establish such committees for the better performance of its duties and exercise of its powers as it thinks fit. (2) Without prejudice to the generality of the Council's power to establish committees under subsection (1), the Council may establish the following committees in accordance with, and having such functions as are assigned to them by this Ordinance or delegated to them by the Council, namely- (a) the Licentiate Committee; (b) the Education and Accreditation Committee; (c) the Ethics Committee; (d) the Preliminary Investigation Committee; and (e) the Health Committee. (3) Subject to subsection (4) and the relevant provisions relating to a committee established under subsection (2), the Council may appoint members of the Council, and persons who are not such members, to be members of a committee. (4) The Council shall not appoint to any committee a person in respect of whom the Council has, at any time, made an order in accordance with section 21 or 21A. (5) Only a member of the Council is eligible to be appointed as the chairman of a committee. (6) If any committee has, in the opinion of the Council, acted in a manner that is prejudicial to the interest of the public or the medical profession, and not less than 3 quarters of the members of the Council resolve that the committee should be dissolved, the Council may dissolve the committee. (7) Upon a dissolution of a committee under subsection (6), the Council may perform the functions of the committee so dissolved which are assigned by this Ordinance and shall make such appointments as are necessary to re-establish the committee with new membership within 3 months of the dissolution. (8) A committee may appoint a sub-committee to perform any function assigned or delegated to the committee. (9) The relevant provisions of Schedule 2 have effect with respect to a committee or a sub-committee established under this section. (10) Subject to subsection (11), a sub-committee may include persons who are not members of the committee. (11) A person in respect of whom the Council has, at any time, made an order in accordance with section 21 or 21A shall not be appointed to any sub-committee established under this Ordinance. (12) A committee appointing a sub-committee (other than a sub- committee of the Licentiate Committee appointed for the purpose of hearing a review under section 20G) shall not appoint any person other than a member of the committee to be the chairman of the sub-committee. (13) Part VII of the Interpretation and General Clauses Ordinance (Cap 1) applies to a committee or a sub-committee established under this section and appointments to the committee or sub-committee except in so far as it is inconsistent with this Ordinance. (14) The Council may by order published in the Gazette amend Schedule 2. (Added 7 of 1996 s. 18) Cap 161 s 20C Licentiate Committee PART IIIA LICENTIATE COMMITTEE AND APPEALS (1) If the Council decides to establish the Licentiate Committee, the Council shall appoint to the Committee- (a) a chairman who shall be elected by the Council from among its members; (b) not more than 3 registered medical practitioners nominated by the Director, one of whom shall be a public officer; (c) 2 registered medical practitioners nominated by the University of Hong Kong; (d) 2 registered medical practitioners nominated by The Chinese University of Hong Kong; (e) 1 registered medical practitioner nominated by the Hong Kong Medical Association; and (f) 1 registered medical practitioner nominated by the Hospital Authority. (Replaced 7 of 1996 s. 19) (2) (Repealed 7 of 1996 s. 19) (3) Any member of the Licentiate Committee who is not a public officer shall hold office for 3 years but shall be eligible for re-appointment. (Amended 7 of 1996 s. 19) (4) There shall be a Secretary of the Licentiate Committee who shall be appointed by the Director. (Amended 7 of 1996 s. 19) (5)-(6) (Repealed 7 of 1996 s. 19) (7) At any meeting of the Licentiate Committee 5 members shall be a quorum. (Amended 7 of 1996 s. 19) (8) (Repealed 7 of 1996 s. 19) Cap 161 s 20D Delegation of powers (1) The Council may delegate any of its powers and functions under or by virtue of section 7, 7A or 10A to the Licentiate Committee. (Replaced 7 of 1996 s. 20) (2) The Licentiate Committee may delegate any powers and functions which have been delegated to it under subsection (1) to any sub-committee appointed under section 20E. (Amended 7 of 1996 s. 20) Cap 161 s 20E Sub-committees of the Licentiate Committee (1) Subject to subsection (2), the Licentiate Committee may appoint sub-committees to discharge any powers or functions delegated to the Licentiate Committee under section 20D(1). (Amended 7 of 1996 s. 21) (2) The Licentiate Committee shall appoint a sub-committee for the purpose of hearing a review under section 20G and shall appoint- (a) a chairman of that sub-committee who is not a member of the Licentiate Committee; and (b) a secretary of that sub-committee. (Amended 7 of 1996 s. 21) (3) (Repealed 7 of 1996 s. 21) Cap 161 s 20F Appeals (1) Any person aggrieved by a decision of the Licentiate Committee or of any sub-committee established by the Licentiate Committee made in pursuance of the respective powers conferred on them may appeal against the decision in accordance with this section and section 20G. (Replaced 7 of 1996 s. 22) (1A) In the case of a decision of a sub-committee discharging any power or function under or by virtue of section 7(5), the person aggrieved may, within 14 days of being notified of the sub-committee's decision, appeal against that decision to the Licentiate Committee. (Added 25 of 1984 s. 9) (1B) Upon the hearing of an appeal made under subsection (1A) the Licentiate Committee may confirm, vary or revoke the decision of the sub-committee. (Added 25 of 1984 s. 9) (2) In the case of a decision of the Licentiate Committee, including a decision under subsection (1B) but not a decision under section 20G(4), the person aggrieved may, within 14 days of being notified of the Committee's decision, appeal to the Council against that decision. (Amended 25 of 1984 s. 9; 7 of 1996 s. 22) (3) Upon the hearing of the appeal the Council may confirm, vary or revoke the decision of the Licentiate Committee. (4) The decision of the Council under subsection (3) shall be final. (Amended 7 of 1996 s. 22) Cap 161 s 20G Review etc. of decision of sub-committee of Licentiate Committee (1) In the case of a decision of a sub-committee of the Licentiate Committee, the person aggrieved may, within 14 days of being notified of the sub-committee's decision, apply to the review sub-committee for a review of the sub-committee's decision. (2) Upon the hearing of a review under subsection (1) the review sub-committee may confirm, vary or revoke the decision of the sub-committee. (3) Any person aggrieved by a decision of the review sub- committee may, within 14 days of the decision, appeal against that decision to the Licentiate Committee. (4) Upon the hearing of an appeal the Licentiate Committee may confirm, vary or revoke the decision of the review sub-committee. (5) The decision of the Licentiate Committee under this section shall be final. (6) In this section "review sub-committee" (覆核小组) means the sub- committee appointed under section 20E(2). (Amended 7 of 1996 s. 23) (Part IIIA added 70 of 1976 s. 10) Cap 161 s 20H Education and Accreditation Committee PART IIIB EDUCATION AND ACCREDITATION COMMITTEE (1) If the Council decides to establish the Education and Accreditation Committee, the Council shall appoint to the Committee- (a) a chairman who shall be elected by the Council from among its members; (b) 4 other members of the Council who shall be elected by the Council from among its members; (c) 1 registered medical practitioner nominated by the Director; (d) 1 registered medical practitioner nominated by the Hospital Authority; (e) 1 registered medical practitioner, not being a member of the Council, nominated by the Hong Kong Medical Association; (f) 2 registered medical practitioners, not being members of the Council, nominated by the University of Hong Kong; (g) 2 registered medical practitioners, not being members of the Council, nominated by The Chinese University of Hong Kong; (h) 2 registered medical practitioners, not being members of the Council, nominated by the Academy of Medicine. (2) Any member of the Education and Accreditation Committee who is not a public officer shall hold office for 3 years but shall be eligible for reappointment. (3) The quorum of a meeting of the Education and Accreditation Committee is 5, including the chairman. (Added 7 of 1996 s. 24) Cap 161 s 20I Functions of Education and Accreditation Committee The Education and Accreditation Committee has the following functions- (a) to determine, upon the recommendation of the Academy of Medicine, the specialties under which names of registered medical practitioners may be included in the Specialist Register; (b) to recommend to the Council, upon the recommendation of the Academy of Medicine, the qualification, experience and any other attributes that qualify a registered medical practitioner to have his name included in the Specialist Register under a particular specialty determined by the Committee under paragraph (a); (c) to recommend to the Council the procedures, documentations and fees payable for including the name of a registered medical practitioner in the Specialist Register; (d) to recommend and review the standard and structure of undergraduate medical education and medical training required for a person to become a registered medical practitioner; (e) to recommend to the Council whether the name of a registered medical practitioner should be included in or removed from the Specialist Register. (Added 7 of 1996 s. 24) Cap 161 s 20J Qualification for inclusion in Specialist Register PART IIIC SPECIALIST REGISTER, INCLUSION IN AND REMOVAL FROM SPECIALIST REGISTER The Council shall, on the recommendation of the Education and Accreditation Committee, approve the qualifications, experience and other attributes that qualify a registered medical practitioner to have his name included in the Specialist Register under a particular specialty. (Added 7 of 1996 s. 24) Cap 161 s 20K Inclusion in Specialist Register (1) A registered medical practitioner who wishes to have his name included in the Specialist Register shall apply to the Registrar in such form as may be determined by the Registrar. (2) Where the Registrar is satisfied that an applicant- (a) has been- (i) awarded a Fellowship of the Academy of Medicine; and (ii) certified by the Academy of Medicine that he has completed the postgraduate medical training and has satisfied the continuing medical education requirements for the relevant specialty; or (b) has been certified by the Academy of Medicine that he has achieved a professional standard comparable to that recognized by the Academy for the award of its fellowship and has completed the postgraduate medical training and satisfied the continuing medical education requirements comparable to those recommended by the Academy, for the relevant specialty, the Registrar shall refer the application to the Education and Accreditation Committee for its consideration. (3) Where an applicant does not satisfy the requirements in subsection (2), the Registrar shall refer the matter to the Academy of Medicine for its certification as to whether the applicant has achieved a professional standard comparable to that recognized by the Academy for the award of its fellowship and has completed postgraduate medical training and has satisfied the continuing medical education requirements comparable to those recommended by the Academy, for the relevant specialty. (4) If on a referral by the Registrar under subsection (3), the Academy of Medicine certifies that the applicant has not achieved that standard or has not completed that training and satisfied those requirements, the Registrar shall reject the applicant's application, stating the reason for rejection. (5) If an application is rejected by the Registrar, the applicant may appeal to the Education and Accreditation Committee for its consideration of the appeal. (6) On a referral by the Registrar under subsection (2), the Education and Accreditation Committee shall, if it is also satisfied that the applicant is of good character, recommend to the Council that his name be included in the Specialist Register. (7) On an appeal
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