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Another proposal is related to the current level of fines and length of imprisonment. In order to maintain the deterrent effect and reflect the seriousness of the offences, we propose to increase the level of fines and the length of imprisonment. Meanwhile, we also propose to provide penalties where a person makes use of any certificate of registration with intent to deceive.
In order to maintain an up-to-date record, we propose to require registered midwives to obtain practising certificates before they can practise midwifery in Hong Kong. We also propose that an applicant for a practising certificate should supply information on any criminal conviction that is punishable by imprisonment. This is in line with the practice of other medical and related professionals.
The Midwives Registration Ordinance prohibits persons without suitable qualifications from attending a woman in childbirth for profit-making. We propose to amend relevant provisions to make it clear that only registered medical practitioners or registered midwives can attend a woman in childbirth. The only exceptions would be in the case of an emergency or when the person attending the woman in childbirth is undergoing training with a view to become a registered medical practitioner or a registered midwife, and is under the direction and personal supervision of a registered medical practitioner or a registered midwife.
At present, the regulation-making power is vested with the Governor in Council. In order to encourage a greater involvement of the profession in its own affairs, we propose that the power to make regulations for registration and disciplinary procedures should be transferred to the Secretary for Health and Welfare and the Midwives Council, subject to the approval of the Secretary for Health and Welfare. The power to make regulations prescribing for the functions of the Legal Adviser and the Secretary to the Council should be transferred to the Secretary for Health and Welfare. The Governor in Council will continue to have the power to make regulations in relation to fees, including those prescribing for the disposal of fees paid or recovered under the Ordinance.
End