1960-HKRS29-8-27_Part05 — Page 39

Appeals

(Cap. 4).

Registration mal to imply possession of medical

qualifications. (25 of 1957).

Punalty for Acts Culsely implying registration,

Prohibition of persons other than registered midwives attending for gain women

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15. (1) Any woman who considers herself aggrieved by any order of the Board made in accordance with the provisions of section & refusing her registration or by any order made in accordance with the provisions of section 10 may appeal therefrom to the Full Court and the Full Court may affirm, vary or reverse the decision of the Board, and may exercise any power which the Board might have exercised.

(2) The decision of the Full Court upon any appeal made under subsection (1) shall be final.

(3) The procedure in relation to appeals under this section shall be subject to any rules of court made under the Supreme Court Ordinance:

Provided that the Full Court shall not hear any such appeal unless notice thereof has been given to the court within thirty days after the service upon the appellant in accordance with section 14 of a copy of the order to which the appeal relates.

PART V.

Miscellaneous Offences and Prohibitions.

16. Registration under this Ordinance shall not confer upon any woman any right or title to be registered under the Medical Registration Ordinance, 1957, or to assume a name, title or designation implying that she is by law recognized as a medical practitioner or that she is authorized to grant a medical certificate or a certificate of death or to undertake the charge of any case of abnormality or disease in connexion with parturition.

17. Any woman who, not being a registered midwife, uses the name or title of midwife, either alone or in combination with any other expression, or uses any name, title, description, uniform or badge implying that she is a registered midwife or is a person specially qualified to practise midwifery or is recognized by law as a midwift, shall be guilty of an offence and shall be liable, on summary conviction, to a fine of one thousand dollars and imprisonment for three months.

18. If any person, being either a male person or a woman who is not a registered midwife, receives any remuneration for attending a woman in childbirth otherwise than under the direction and personal supervision of a registered medical practitioner within the meaning of the Medical Registration Ordinance, 1957, that person shall be guilty in childbirth of an offence and hable, on summary conviction, to a fine of two except under thousand dollars and imprisonment for six months:

medical supervision.

Provided that the provisions of this section shall not apply in the (25 of 1957) case of any person who, while undergoing training with a view to becoming a registered medical practitioner within the meaning of the

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Medical Registration Ordinance, 1957, or a registered midwife under this Ordinance, attends a woman in childbirth as part of a course of practical instruction in midwifery recognized by the Board.

Board to

19. (1) If any registered midwife contracts any infectious disease Power of within the meaning of the Quarantine and Prevention of Disease Ordin- probibil ance, which, in the opinion of the Board, is likely to endanger the registered health of any woman attended by her in the course of her practice, the midwives

suffecing Board may prohibit such registered midwife from attending women in from certain childbirth in any capacity during the continuance of such discaso, diseases from

allcoding (2) Any contravention of a prohibition imposed under this section women in shall constitute a ground for disciplinary proceedings under section 10. childbirth.

(Cap. 141).

20. (1) Where the Board orders that the name of any registered Power of midwife be removed from the register under section 10 or that the Board to

prohibit name of any applicant for registration shall not be entered in the disqualified register under section 8, the Board may prohibit her from attending midwives, in any capacity women in childbirth.

etc. from attending

WOTTICHI in

(2) Any woman who acts in contravention of a prohibition ira- childbirch. posed under this section shall be guilty of an offence and liable, on summary conviction, to a fine of two thousand dollars and imprison- ment for six months, unless she proves that she acted in a case of emergency.

21. Any registered midwife who knowingly employs as her sub- Probibilico of employ- stitute any woman who is not a registered midwife shall be guilty

ment by of an offence and liable, on summary conviction, to a fine of two registered thousand dollars and imprisonment for six months.

midwives of varegistered substitutes.

22. (1) Every registered midwife, before holding herself out as a Requirements practising midwife or commencing to practise as a midwife or, having a to notice of intention ccased to practise as a raidwife for any period exceeding five years, to practise. before recommencing so to practise shall-

(a) give notice in writing to the secretary of her intention so to do,

and

(B) pay the prescribed fee,

and shall thereafter give a like notice and pay a like fee in the month of January in each year during which she continues to practise :

Provided that nothing contained in this subsection shall require any woman who has complied with the provisions of section 8 of the Midwives Ordinance repealed by this Ordinance to give notice under (Cap, 162). this subsection until the month of January next following the com- mencement of this Ordinance.