CO129-215 - Governor Sir Bowen - 1884 [1-4] — Page 594

absolute confidence in the honosty and fair spirit by which it will be actuated in dealing with the claims of those who may come before it. Now the next question that I have to deal with is with regard to the exemption from the operation of this Ordinance of persons who may be practising at the present time in the colony, and have established in that way certain interests and certain rights, but who may not be able to register themselves under the provisions of this Ordinance. Now as to these persons, there may possibly be three or four at any rate the number is very small, and of course the number of these individuals is not the question; if there is one who may be un fairly or unjustly affected by the operation of the Bill, it will be a great misfortune; therefore we propose to amend the Ordinance in certain par- ticulars, to adjust nicely their claims under the Ordinance. Now it has been alleged on behalf of Dr. Fisher, who appears to be in that position, that it is unjust he should be de barred from continuing to practice; however ex- pedient it may be to the publie interest or to the interest of the medical profession that none but duly qualified medical practitionors should be allowed to practice, yet he hay- ing been established here in a certain position, ought not to be so death with as to be obliged to leave the place. The justice of that was to some extent recognised by the Or- dinance as it now stands, and a proviso was made that persons in that position who notified their position to the Colonial Secretary should be al lowed to practise, and go on practising notwith- standing the Ordinance. I must admit that the provision coming in after that was not cal- culated probably to do the fullest justice to persous in Dr. Fisher's case. I think it is only reasonable that if you allow a man to continue to practise apon his conforming to certain conditions, if it is just and reasonable, and consistent with the general objects of the Ordinance that you should make such an exception in his favour, it is only just and reasonable to go a step further, and so provide that he shall have the ordinary facilities that attach to the right of pursuing a profession for gain); that is to say, he shall have the assistance and protection of the law in recovering his charges for any services he may have rendered in his pro- fession. Therefore it is proposed to amend the present provisions as to persons in his posi- tion to this extent, that not only will they be al., lowed to practise professionally, but they will be allowed to claim and recover their fees in the ordinary course of law. Then it has been sug- gested that we ought to go a step further, and that there ought to be an exception to that pro- vision which enacts that in all cases where by any Ordinance or Act a medical certificate or the testimony of a duly qualified medical practitioner is required, none bat duly qualified medical practi- tioners can supply it. Now the amended provision which I shall submit to the Conncil is based upon the view that there is a great dia- tinction of principle between making a conces» sion of that kind and making such a concession as that which I have mentioned just now. It is admitted by everyone that the Government have a right lay down the terms upon which they will permit persons to render services to them. It is no interference with private interests for the state or community to say that where we re- quire certain things to be done, we will insist upon their being done by persons who pOBBASS certain qualifications. It cannot be said that yon in any way interfere with the vested rights or interests of anyone if you lay down that in cases where you require a medical certificate to be farnished, or the testimony of a medical practi- tioner, there you will insist that none but duly qualified medical men shall be allowed. I submit that there is a great difference between allowing a man to recover his fees for his ser- vices and placing him upon the same footing as qualified medical practitioners for the purpose of roudering auch services as I have mentioned. While it is fair to give the one, it is equally just to withhold the other. Therefore it is not proposed in this Ordinance to make any amend. mont which will enable Dr. Fishor, or any gentle- man in his position, if they do not register, to furnish the certificates required by law to be furnished by qualified medical practitioners. Now that really is the whole of what I have to say with reference to the special provisions which it has been proposed to incorporate with the Or- dinanco with a view to meeting a case which may be a case of hardship to practitioners who have

beon practising up to the present moment and are not able to qualify under the Medical Re gistration Ordinance. It will be within the ro collection of the members of the Council who have heard the speech made to us in support of Dr. Fisher's views that he himself has really made no claim whatever to the indulgence of the Council nor for any special provisions in his favour on that ground, because it has been re- presented to us that Dr. Fisher's difficulty in the present instance is not that he cannot, but that he will not register. There are, as it is | said, considerations of feeling, which, though he may be able to registor, prevent him from sub- mitting his claims to the body which would bs called upon to adjudicate upon them.

There- fore I may point out that these excep- tional provisions in the interest of persons who are not qualified to register under the Ordinance had really not so much reference to Dr. Fisher in his position as to those of other persous, of whom there may be some in the co- Tony. I think I have described precisely to the Council the course which it is proposed to adopt, and I hope I have succegled in making myself intelligible; and if I have, I think the Council will be satisfed the hill, as it is now proposed to be passed. is not conceived in any oppressive api- rit, and that it deals in strictly judicial fairness with the possible claims of individuals who might consider themselves hardly affected by the pas- sing of such an Ordinance.

The Council then went into committee on the Bill, and amendments to the offect explained by the Attorney-General wore introduced.

Hon. P. RYRID objected to clause 9, which provides that where a medical certificato is ro quired by any Act or Ordiuance the certificate of a person nnregistered under the Act shall be void. He said it might happen that a Chinesa or Portuguese summoned as a juror or as a wit- ness in a case might be nuwell and require a cor- tificate to that offect. If he were being attended by a Chinese or unregistered doctor it would come to this, that he would have to go to a registered doctor and ask for a certificate, for which he would have to pay a considerable foo. In such a case the clause in question would work hardship. Then, again, with regard to death certificates, in the case of a person attended by an unregistered doctor dying, who was to certify to the cause of death? The relatives would not be able to get a burial certificate. How were the Chinese to get burial certificates P

case

wit.

The CHIEF JUSTICE said it was only in suspicious cases that a medical certificate was required before burial could take place. In the

of illness

or of jurors nesses no certificate was required by law. A certificate was usual because it the best form of evidence, bnt supposing a person sent to say he could not attend on account of illness, a policeman or any other person might be sent to make inquiries.

was

Hon. P. RYRIE-I have been informed no certificate will be received from an unqualified practitioner.

The CHIEF JUSTICE-This section refers only to certificates required by any Act or Ordinance. The COLONIAT. SECRETARY-And the certi- ficates referred to by the hon. member are not required by Ordinance.

The CHIEF JUSTICE- I don't think so. Hrs EXCELLENCF-Does the hon. member wish to move any amendment?

Hon. P. RYRIE-I move that the clause be struck out of the Bill. I am opposed to the Bill entirely, but with reference to this parti- cular clause, if we admit that persons who have been practising hore without qualifications have acquired vested rights I do not see why we should go half way only. With reference to people who come after the passing of the Bill it is a different thing; but I am speaking with reference to those who are already here. don't know how many there may be, but I suppose there are one or two. At any rate we give them the right of recovering their fees, and deprive them of this right of giving certificates which the others have. We might as well giva them the whole if we admit they have any rights at all.

I

The ATTORNEY-GENERAL-If I knew pro- cisely what the nature of my hon. friend's objection was, who it is he thinks would be in- juriously affected by this provision, I would be in a better position to answer. He says it is anjust, but unjust to whom-to the public, or to the practitioner, or the person who wishes him to certify to his inability to attend at a trial P Take the case of a person unable

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