CO129-180 - Public Offices & Others - 1877 — Page 334

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

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Authorities, in all those cases where any portion of the salary of any such Officer is paid out of moneys voted by Parliament, do hereby Order and Direct as follows:

SECTION I -Qualification.

Art. 1.--No person shall be qualified to be appointed to the office of Medical Officer of Health under this Order, unless he shall be regis- tered under "The Medical Act of 1858," and shall be qualified by law to practise both medicine and surgery in England and Wales, such qualifi- cation being established by the production to the Sanitary Authority of a diploma, certificate of a degree, licence, or other instrument granted or issued by competent legal authority in Great Britain or Ireland, testifying to the medical or surgical, or medical and surgical, qualification or qualifications of the candidate for such office.

Provided that the Local Government Board may, upon the appli- cation of the Sanitary Authority, dispense with so much of this Regulation as requires that the Medical Officer of Health shall be qualified to practise both medicine and surgery, if he is duly registered under the said Act to practise either medicine or surgery.

SECTION II-Appointment.

Art. 1-A Statement shall be submitted to the Local Government Board, showing the population and extent of the District for which the Sanitary Authority propose to appoint a Medical Officer or Medical Officers of Health, and the salary or remuneration intended to be assigned; and where the circumstances render desirable the appointment of one Medical Officer of Health for two or more Sanitary Districts, Statements shall, in like manner, be submitted to the Local Government Board, showing the names of the Districts to be combined for that purpose, the population and extent of each District, the mode in which it is intended that the appoint- ment shall be made, whether jointly or severally by the Sanitary Authorities of those Districts, and the amount of salary or remuneration proposed to be assigned to the officer appointed.

Art. 2.-When the approval of the Local Government Board has been given to the proposals submitted to them, the Sanitary Authority or Authorities shall proceed to the appointment of a Medical Officer or Medical Officers of Health accordingly.

Art. 3.-No appointment of a Medical Officer of Health shall be made, unless notice has been given at one of the two ordinary meetings next preceding the meeting or meetings at which the appointment is to be made by the Sanitary Authority or Authorities, as the case may be, such notice being duly entered on the minutes, or unless an adver tisement giving notice of the day when such appointment will be made shall have appeared in some public newspaper circulating in the District or Districts, at least seven days before the day on which such appointment is made: Provided that no such notice or advertisement shall be necessary for the appointinent of a temporary substitute.

Art. 4.-Every such appointment shall, within seven days after it is made, be reported to the Local Government Board by the Clerk to the Sanitary Authority, or, in the case of a joint appointment, by the Clerk to one of the Sanitary Authorities by whom the appointment is made.

Art. 5.-Upon the occurrence of a vacancy in such office, the Sanitary Authority or Authorities shall proceed to make a fresh appointment, which shall be reported to the Local Government Board as required by Sect. II., Art. 4., of this Order; but if the Sanitary Authority or Authorities desire to make any fresh arrangement with respect to the District or the terms of the appointment, they shall, before filling up the vacancy, supply the particulars of the arrangement to the Local Government Board in the manner prescribed by Sect. II. Art. 1., in regard to the first appointment, and if the approval of the Local Government Board be given, absolutely or with modifications, the Sanitary Authority or Authorities shall then pro- Ceed to fill up the vacancy according to the terms of the approval so given.

Art. 6.--If any Officer appointed under this Order be at any time prevented by sickness or accident, or other sufficient reason, from performing his duties, the Sanitary Authority or Authorities, as the case may be, may appoint a person, qualified as aforesaid, to act as his temporary substitute, and may pay him a reasonable compensation for his services; and every such appointment shall be reported to the Local Government Board as soon as the same shall have been made.

SECTION III.-Tenure of Office.

Art. 1.-Every Officer appointed under this Order shall continue to hold office for such period as the Sanitary Authority or Authorities appointing him may, with the approval of the Local Government Board, determine, or until he die, or resign, or be removed, by such Authority or Authorities with the assent of the Local Government Board, or by the Local Government Board.

Provided that the appointments first made under this Order shall not be for a period exceeding five years.

Art. 2.--Where any such Officer shall be appointed for one or more Sanitary Districts, and any change in the extent of the District or Districts, or in the duties, salary, or remuneration, shall be deemed necessary, and he shall decline to acquiesce therein, the Sanitary Autho- rity or Authorities by whom he was so appointed may, with the consent of the Local Government Board, but not otherwise, and after six months' notice in writing, signed by their Clerk or Clerks, given to such Officer, determine his office.

Art. 3.-No person shall be appointed who does not agree to give one month's notice previous to resigning the office, or to forfeit such sum as may be agreed upon as liquidated damages.

SECTION IV.-Duties.

The following shall be the duties of a Medical Officer of Health in respect of the Sanitary District for which he is appointed; or if he shall be appointed for more than one District, or for a part of a District, then

in respect of cach of such Districts, or of such part:

(1.) He shall inform himself as far as practicable respecting all influences affecting or threatening to affect injuriously the public health within the District.

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