22

CAP. 161]

Medical Registration

[1987 Ed.

Appeal against orders of the Council.

(Cap. 4.)

Fraudulent registration.

Unlawful use of title etc. and practice without registration.

26. (1) Any registered medical practitioner who is aggrieved by any order made in respect of him under section 19 or under section 21 may appeal to the Court of Appeal, and the Court of Appeal may thereupon affirm, reverse or vary the order appealed against.

(2) The decision of the Court of Appeal upon such appeal shall be final.

(3) The practice in relation to any such appeal shall be subject to any rules of court made under the Supreme Court Ordinance:

Provided that the Court of Appeal shall not have power to hear any appeal against an order made under section 21 unless notice of such appeal was given within 1 month of the service of the order in accordance with section 25(1).

(4) In deciding any appeal under this section the Court of Appeal may make such order for the payment of costs as it considers reasonable. (Added 95 of 1970, s. 5)

{ Amended 92 of 1975, s. 59)

27. Every person who fraudulently procures or attempts to procure himself or any other person to be registered by making or producing, or causing to be made or produced, any false or fraudulent representation or declarations, either oral or in writing, commits an offence and is liable on conviction upon indictment to imprisonment for 3 years.

( Amended 68 of 1986, s. 4)

28. (1) Any person who wilfully and falsely pretends to be qualified, or takes or uses any name or title implying that he is qualified, to practise medicine or surgery or to be registered or, not being registered or provisionally registered or exempted from registration, professes to practise or publishes his name as practising medicine or surgery commits an offence and is liable on summary conviction to a fine of $10,000 and to imprisonment for 6 months. (Effective from 1 July 1964, L.N. 85/64. Amended 68 of 1986, s. 5)

(2) Subject to subsection (3), any person who not being registered or provisionally registered or exempted from registration-

(a) practises medicine or surgery commits an offence and is liable

(i) on summary conviction to a fine of $50,000 and to imprisonment for 2 years; or

(ii) on conviction upon indictment to imprisonment for 3 years; or

(b) does any medical diagnosis, prescribes any medical treatment or performs any medical treatment (including surgery) in relation to a person which results in personal injury to that person commits an offence and is liable-


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