Recovery of

fees,

(p. 207)

4

of that year, the certificate shall, subject to subsection (5). be in force from the time of its isque until the end of that year.

(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 sub- section (5), be in force for a period of 12 months com. mencing on 1st January in that following year.

(5) If at any time during the currency of a practising certificate issued under this section, the holder of the certi- ficate ceases to be registered under this Ordinance, or, as the case may be ceases to be exempt from registration under section 29(d), the certificate shall thereupon be deemed to be cancelled,

(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 be has duly applied to the Registrar and paid the prescribed fee for the issue of the practising certificate.

(7) This section applies to-

(a) any person registered under section 14; and (b) any person deemed to be a registered medical

practitioner by virtue of section 29(₫).

but does not apply to

(1) any person provisionally registered under section

12:

(ii) any person deemed to be registered as a medical practitioner by virture of section 29(a), (b) or (c);

(ii) any person in respect of whom the Governor has

given a consent under section 30;

(iv) any person to whom section 31 relates; or (v) any qualified person in so far as he renders medical or surgical treatment to a person in an emergency. (B) 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 ha was, at the time when the cause of action arose, the holder. of a valid practising certificats,

208. (1) If any registered medical practitioner con travenes subsection (1) of section 204, 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 thes Magistrates Ordinance, be served by sending it by post to the medical practitioner concerned at his last known addressi and a certificate purporting to be signed by or on behall of the Registrar shall, until the contrary is proved, be evidence of service of the summons.

T

(Cap. 277)

5

(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 pro- ceedings, 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 addi- tional 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 any fee and surcharge which a medical practi- tioner 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 magistrale.

(7) On recovery from a medical practitioner of a prescribed fee under this section, togelber with the sur- charge ordered to be paid under subsection (5), the Registrar sball, if

(a) the medical practitioner's name appears on the

register; or

(5) the medical practitioner is exempt from registra-

tion under section 29ɗ),

issue the medical practitioner with the appropriate practising certificate.".

8. Section 29 of the principal Ordinance is amended by deleting Amendoeon of paragraph (d) and substituting the following—

"(d) any person, other than a person serving a prescribed period of employment under section 941), who is in the full time service

of-

(1) the Government at a Government medical officer; or

(ii), the University as a medical practitioner for the purpose of teaching or performing hospital work in the clinical departments of the Faculty of Medicine, being the Departments of Community Medicine, Medicine Microbiology, Obstetrics and Gynaecology, Paediatrics, Pathology, Psychiatry and Orthopaedic Surgery.".

Section 33 of the principal Ordinance is amended-

9.

(a) by being renumbered as subsection (1) thereof;

#ection 29.

Aasendasem of section 33.

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