CO129-215 - Governor Sir Bowen - 1884 [1-4] — Page 592

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

Visions should be passed and become part of the laws of this colony. If medical registration is needed, if the medical profession in this colony needs in any way to be looked after, it is that portion of the profession which deals with the Chinese and the other poorer members of the community. They are ignorant and incompetent to judge who is or is not a fully qualified medical man, and if any assistance is needed by this community it is not by that section for whom this legislation is intended. And I submit again, with some confidence, that the provision contained in the 13th clause of this Ordinance, which requires a medical or surgical practitioner coming here from any foreign country, from Germany or America, to submit not merely the question of his identity, and the question of whether he does or does not hold a certificate or diploma from his own country, but to submit to the consideration of the board whether that diploma was granted after a sufficient course of study and examination, and on sufficient grounds, is, I submit, totally uncalled for in a community like this. Here is Dr. Fisher in this colony, with a certificate of having passed proper examinations and an authority to practice in the State of California and an honorary degree of doctor of medicine from the College of Fort Wayne, Indiana, practising here with considerable credit and éclat, and by this Bill he is either stigmatised as a man practising without proper qualifications or is asked to put forth his qualifications before a medical board, the fact being he will not appear before a board of his personal enemies. Although he is allowed to practise, and practise without a penalty, he is placed under serious disqualifications which must indirectly, if not directly, affect him. I submit therefore to this honourable Council that I have sufficiently made out that this Bill, if it passes in its present form, will inflict grave injury to the private and individual privileges and rights of Dr. Fisher, on whose behalf I appear; and I submit also have shown the Council some reason for believing no general interests are to be served by this Ordinance, or no general interests of such magnitude as will justify the Council in interfering with the rights of Dr. Fisher or any other member of the profession who may not, for one reason or another, be willing to submit his qualifications to the board to be constituted under the Ordinance. And this honourable Council will probably remember that although Dr. Fisher appears personally by me to oppose this Bill there are other medical men in the colony not qualified under English law or any colonial law whom this may possibly injuriously affect. I do not of course know their qualifications, but I submit for your consideration whether it is right and wise to call upon medical men properly certified with a diploma obtained under the laws of their own country to submit the grounds on which that qualification has been granted them to any such board as can be constituted here, such board being composed of actual practitioners personally interested in keeping out all opposition. I thank Your Excellency and this Council for your patience in hearing me. I regret the short time within which I have been instructed has not allowed one to deal more fully or effectively with the case, but I submit it with the utmost confidence to your consideration, and ask you on public and general grounds to throw out this Ordinance as it stands.

The ATTORNEY-GENERAL—It will probably be more convenient to the Council to allow some little time in which to consider what has been urged on behalf of Dr. Fisher, and therefore I propose, instead of the motion I before made, that the Council go into Committee on the Bill this day week.

Carried.

Mr. FRANCIS—May I crave permission to say one word more, and that is to ask whether this Bill does not come under another clause in the Standing Orders and whether before being committed it should not be published three times in the Government Gazette.

The CHIEF JUSTICE—I submit for the consideration of your Excellency that is a matter for the decision of this Council entirely.

Mr. Francis—If your Excellency so decides.

His EXCELLENCY—Yes.

Page 589

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Visions should be passed and become part of the laws of this colony. If medical registration is needed, if the medical profession in this colony needs in any way to be looked after, it is that portion of the profession which deals with the Chinese and the other poorer members of the community. They are ignorant and incompetent to judge who is or is not a fully qualified medical man, and if any assistance is needed by this community it is not by that section for whom this legislation is intended. And I submit again, with some confidence, that the provision contained in the 13th clause of this Ordinance, which requires a medical or surgical practitioner coming here from any foreign country, from Germany or America, to submit not merely the question of his identity, and the question of whether he does or does not hold a certificate or diploma from his own country, but to submit to the consideration of the board whether that diploma was granted after a sufficient course of study and examination, and on sufficient grounds, is, I submit, totally uncalled for in a community like this. Here is Dr. Fisher in this colony, with a certificate of having passed proper examinations and an authority to practice in the State of California and an honorary degree of doctor of medicine from the College of Fort Wayne, Indiana, practising here with considerable credit and éclat, and by this Bill he is either stigmatised as a man practising without proper qualifications or is asked to put forth his qualifications before a medical board, the fact being he will not appear before a board of his personal enemies. Although he is allowed to practise, and practise without a penalty, he is placed under serious disqualifications which must indirectly, if not directly, affect him. I submit therefore to this honourable Council that I have sufficiently made out that this Bill, if it passes in its present form, will inflict grave injury to the private and individual privileges and rights of Dr. Fisher, on whose behalf I appear; and I submit also have shown the Council some reason for believing no general interests are to be served by this Ordinance, or no general interests of such magnitude as will justify the Council in interfering with the rights of Dr. Fisher or any other member of the profession who may not, for one reason or another, be willing to submit his qualifications to the board to be constituted under the Ordinance. And this honourable Council will probably remember that although Dr. Fisher appears personally by me to oppose this Bill there are other medical men in the colony not qualified under English law or any colonial law whom this may possibly injuriously affect. I do not of course know their qualifications, but I submit for your consideration whether it is right and wise to call upon medical men properly certified with a diploma obtained under the laws of their own country to submit the grounds on which that qualification has been granted them to any such board as can be constituted here, such board being composed of actual practitioners personally interested in keeping out all opposition. I thank Your Excellency and this Council for your patience in hearing me. I regret the short time within which I have been instructed has not allowed one to deal more fully or effectively with the case, but I submit it with the utmost confidence to your consideration, and ask you on public and general grounds to throw out this Ordinance as it stands. The ATTORNEY-GENERAL—It will probably be more convenient to the Council to allow some little time in which to consider what has been urged on behalf of Dr. Fisher, and therefore I propose, instead of the motion I before made, that the Council go into Committee on the Bill this day week. Carried. Mr. FRANCIS—May I crave permission to say one word more, and that is to ask whether this Bill does not come under another clause in the Standing Orders and whether before being committed it should not be published three times in the Government Gazette. The CHIEF JUSTICE—I submit for the consideration of your Excellency that is a matter for the decision of this Council entirely. Mr. Francis—If your Excellency so decides. His EXCELLENCY—Yes. Page 589
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visions should be passed and become part of the laws of this colony. It medical registration is needed, if the medioal profession in this colong needs in any way to be looked after, it is that portion of the profession which deals with the Chinese and the other poorar members of the community. They are ignorant and incompatent to judge who is or is not a fully qualified medioal man, and if any assistance is needed by this com- munity it is not by that section for whom this legislation is intended. And I submit again, with some confidence, that the provision con- tained in the 13th lanse of this Ordinance, which requires a medical or surgical practitioner oaming hore from any foreign country, from Germany on America, to submit not merely the question of his identity, and the question of whether he does or does not hold a certificate or diploma from his own country, but to submit to the consideration of the board whather that di- ploma was granted after a sufficient course of study and oxmination, and ou sufficient grounds, is, I submit, totally uncalled for in a community like this. Here is Dr. Fisher in this colony, with a certificate of having passed proper ex- aminations and an authority to practice in the State of California and an honorary degree of doo- tor of medicius from the College of Fort Wayne, Indiana, practising here with oonsiderable ora- dit and éclat, and by this Bill he is either stig- matisad as a man practising without proper quali- festions or is asked to put forth his qualificationa efore a medical board, the fact being he will not: appear before a board of his personal enemies. Although he is allowed to practiss, and practise without a penalty, he is placed under serious disqualiâcations which raust indirectly, if not directly, affoot him. I submit therefore to this honourable Council that I have sufficiently made out that this Bill, if it passes in its present form, will inflict grave injury to the private and individual pri vileges and rights of Dr. Fisher, ou whose babalf I appear; and I submit also have shown the Council some reason for believing 00 geceral interests are to be served by this Ordinamos, or no general interests of such magnitude a will justify the Coanoil in inter- fering with the rights of Dr. Fisher or any other womber of the profession who may not, for one reason or another, be willing to submit his qualifications to the board to be constituted under the Ordinancs. And this hon. ourable Council will probably remember that although Dr. Fisher appears personally by me to oppose this Bill there are other medical men in the colony not qualified under English law or any colonial law whom this may possibly in juriously affect. I do not of course know thair qualifications, but Isab nit for your considera jou whether it is right and wise to call upou mali. eal men properly certified with a diploma ob. tained under the laws of their own conntry to submit the grounds on which that qualifiantion has been granted them to any such board as osa be constituted here, such board being compusei of actual practitioners personally interested in keeping out all opposition. I thank Your Ex- ellency and this Council for yana patience in hearing me. I rerret the short time within which I have bean inatrnotet has not allowed one to deal more fally or effectively with the osse, but I submit it with the utmost conflance to your consideration, and ask you ou public and general grounds to throw out this Ordinance is it stands. The ATTORNEY-GENERAL-It will probably be more convenient to the Council to allow some little time in which to consider what has been urged on behalf of Dr. Fisher, and therefore 1 propose, instead of the motion I before made. that the Connoil go into Committee on the Bill this day week. Carried. Mr. FRANCIS-May I grave permission to say sue word more, and that is to ask whether this Bill does not com› under another clause in the Standing Orders and whether before being com- uitted it should not be published three times in the Government Gazette. The CHIEF JUSTICE-I submit for the con- sideration of your Excellency that is a matter for the decision of this Connsil entirely. Mr. Faxois-If your Excellency so decides. His EXCELLENCY--Ÿ68. 589
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visions should be passed and become part of the

laws of this colony. It medical registration is needed, if the medioal profession in this colong needs in any way to be looked after, it is that portion of the profession which deals with the Chinese and the other poorar members of the community. They are ignorant and incompatent to judge who is or is not a fully qualified medioal man, and if any assistance is needed by this com- munity it is not by that section for whom this legislation is intended. And I submit again, with some confidence, that the provision con- tained in the 13th lanse of this Ordinance, which requires a medical or surgical practitioner oaming hore from any foreign country, from Germany on America, to submit not merely the question of his identity, and the question of whether he does or does not hold a certificate or diploma from his own country, but to submit to the consideration of the board whather that di- ploma was granted after a sufficient course of study and oxmination, and ou sufficient grounds, is, I submit, totally uncalled for in a community like this. Here is Dr. Fisher in this colony, with a certificate of having passed proper ex- aminations and an authority to practice in the State of California and an honorary degree of doo- tor of medicius from the College of Fort Wayne, Indiana, practising here with oonsiderable ora- dit and éclat, and by this Bill he is either stig- matisad as a man practising without proper quali- festions or is asked to put forth his qualificationa

efore a medical board, the fact being he will not: appear before a board of his personal enemies. Although he is allowed to practiss, and practise without a penalty, he is placed under serious disqualiâcations which raust indirectly, if not directly, affoot him. I submit therefore to this honourable Council that I have sufficiently made out that this Bill, if it passes in its present form, will inflict grave injury to the private and individual pri vileges and rights of Dr. Fisher, ou whose babalf I appear; and I submit also have shown the Council some reason for believing 00 geceral interests are to be served by this Ordinamos, or no general interests of such magnitude a will justify the Coanoil in inter- fering with the rights of Dr. Fisher or any other womber of the profession who may not, for one reason or another, be willing to submit his qualifications to the board to be constituted under the Ordinancs. And this hon. ourable Council will probably remember that although Dr. Fisher appears personally by me to oppose this Bill there are other medical men in the colony not qualified under English law or any colonial law whom this may possibly in juriously affect. I do not of course know thair qualifications, but Isab nit for your considera jou whether it is right and wise to call upou mali. eal men properly certified with a diploma ob. tained under the laws of their own conntry to submit the grounds on which that qualifiantion has been granted them to any such board as osa be constituted here, such board being compusei of actual practitioners personally interested in keeping out all opposition. I thank Your Ex- ellency and this Council for yana patience in hearing me. I rerret the short time within which I have bean inatrnotet has not allowed one to deal more fally or effectively with the osse, but I submit it with the utmost conflance to your consideration, and ask you ou public and general grounds to throw out this Ordinance is it stands.

The ATTORNEY-GENERAL-It will probably be more convenient to the Council to allow some little time in which to consider what has been urged on behalf of Dr. Fisher, and therefore 1 propose, instead of the motion I before made. that the Connoil go into Committee on the Bill this day week.

Carried.

Mr. FRANCIS-May I grave permission to say sue word more, and that is to ask whether this Bill does not com› under another clause in the Standing Orders and whether before being com- uitted it should not be published three times in the Government Gazette.

The CHIEF JUSTICE-I submit for the con- sideration of your Excellency that is a matter for the decision of this Connsil entirely.

Mr. Faxois-If your Excellency so decides. His EXCELLENCY--Ÿ68.

589

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