1963-HKRS28-8-30_Part03 — Page 1

Duty to

7. Every person registered in respect of a clinic shall appoint ensure proper and maintain a registered medical practitioner in a supervisory capacity supervision.

who shall be responsible for the medical management of the clinic in relation to which he has been appointed.

Power of Registrar to excmpt, cancel exemption and impose conditions.

Schedule.

8. (1) The Registrar may, in his absolute discretion, exempt any clinic in existence at the date of the enactment of this Ordinance from the provisions of sections 6 and 7, and in granting such exemption he may impose such conditions as he may think fit.

(2) Without derogating from the generality of the power conferred under subsection (1) the conditions imposed on granting exemption under that subsection shall include conditions relating to-

(a) the standard of premises to be used as a clinic and of the

equipment to be used therein;

(b) the supervision to be exercised by the applicant or by some

other person nominated by the Registrar:

(c) the application of any income derived from the clinic; and (d) the remuneration to be paid to any persons practising medicine

in the clinic other than registered medical practitioners.

(3) The Registrar may, in his absolute discretion and without assigning any reason therefor, cancel any exemption granted under sub- section (1).

(4) The clinics named in the Schedule shall be deemed to be exempted from the provisions of this Ordinance, and the Governor in Council may from time to time by order add to or delete from the Schedule.

(Cap. 161)

(5) Notwithstanding the provisions of section 14 of the Medical (25 of 1957). Registration Ordinance and section 27 of the Medical Registration Ordinance, 1957, persons practising medicine in a clinic and in receipt of remuneration from the clinic in accordance with the conditions attached to an exemption granted under this section shall not by reason solely of such practice be guilty of an offence under such sections.

Cancellation

of registra- tion.

(6) The power conferred on the Registrar under subsection (1) to exempt a clinic from the provisions of section 7 shall cease to be exercisable, and exemptions granted in the exercise of that power shall cease to have effect, on the expiration of three years from the coming into operation of this Ordinance.

9. Subject to the provisions of this Ordinance, the Registrar may at any time cancel the registration of a person in respect of a clinic on any ground which would entitle the Registrer to refuse an applica- tion for the registration of that person in respect of that clinic, or on

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the ground that that person has been convicted of an offence against the provisions of this Ordinance or that any other person has been convicted of such an offence in respect of that clinic.

10. (1) In his absolute discretion the Registrar may, before Notice of refusing an application for registration or cancelling any registration, refusal or

of cancella- give to the applicant or to the person registered, as the case may be, tion of notice of his intention so to do, stating the grounds on which he intends registration, to refuse the application or cancel the registration and containing an intimation that the applicant or the person registered may make written representations to him.

(2) If the Registrar decides to refuse the application for registration or to cancel the registration, he shall make a written order property dated to that effect and shall send a copy thereof by registered post to the applicant or the person registered, at the address last known to the Registrar.

11. (1) Any person who is aggrieved by an order refusing an Right of application for registration or cancelling a registration, or by a refusal appeal. to grant an exemption or by a cancellation of an exemption may, within fourteen days of such refusal or cancellation, appeal against it by way of petition to the Governer in Council.

(2) No order for cancellation of registration or of exemption shall come into force or be gazetted under section 4 until the expiration of fourteen days from the date on which it is made, or, where there is an appeal, until the appeal has been decided or withdrawn.

12. The Registrar, or any public officer authorized in writing by lospection of clinics, him, may, subject to such regulations as may be prescribed, at any time enter and inspect any premises which are used, or which the Registrar or such a public officer has reasonable cause to believe to be used, for the purposes of a clinic, and may inspect any records prescribed by this Ordinance.

13. Any person who...

(a) carries on or takes part in the management of a clinic which is neither registered nor exempted, or who therein does any diagnosis or prescribes any treatment or takes part in any treatment of any person shall be guilty of an offence and shall be liable-

() for the first offence to a fine of one thousand dollars: and

(ii) for a second or subsequent offence to a fine of one thousand dollars and to imprisonment for three months; or

Offences.