Objects and Reasons.
1. Section 4 (1) of the principal Ordinance provides for the establishment of a Midwives Board consisting of the Director of Medical Services and six other persons appointed by the Governor.
2. All seven members of the present Board are fully qualified medical practitioners and it is not considered desir- able to reduce the number of members so qualified as it is from members of the Board that examiners for the certificate are drawn.
3. At the same time it is considered desirable to permit midwives to be represented on the Board by certain qualified members of their own profession.
4. Clause 2 of this Bill, therefore, increases the personnel. of the Board to nine, two of whom will be certified and enrolled midwives.
5. Section 4 (2) of the principal Ordinance enumerates the powers and duties of the Midwives Board. Paragraph (a) (iii) empowers it to make regulations, subject to the approval of the Governor, regulating the course of training and the conduct of examinations. Paragraph (e) empowers it to decide upon the removal from the roll of the name of any midwife for disobeying the regulations or for other mis- conduct, and upon the restoration to the roll of the name of any midwife so removed.
6. Doubts have been expressed as to whether the powers in the said paragraphs were sufficiently comprehensive to authorize regulations providing for post-graduate training or for the removal from the roll of those not attaining the standard of proficiency required by such post-graduate training regulations.
7. Clause 3 of the Bill amends the two paragraphs so as to remove these doubts.
8. Clause 4 of the Bill is the long-established rule that no one is to be condemned unheard.
July, 1941.
C. G. ALABASTER,
Attorney General.
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Page
L.S.
HONG KONG.
No. 17 of 1941.
I assent.
MARK YOUNG,
Governor.
26th September, 1941.
An Ordinance to amend the Midwives Ordinance, 1910.
[26th September, 1941.]
BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-
1. This Ordinance may be cited as the Midwives Amend- Short title. ment Ordinance, 1941.
of Ordin- ance No.
2. Sub-section (1) of section 4 of the Midwives Ordin- Amendment ance, 1910, is amended by the substitution of the words
eight other persons, two of whom shall be certified and 22 of 1910, enrolled midwives under this Ordinance," for the words "six other persons".
s. 4 (1).
3. Sub-section (2) of section 4 of the Midwives Ordin- Amendments ance, 1910, is amended---
of Ordin- ance No. 22 of 1910,
(i) in paragraph (a) (iii) by inserting the following words s. 4 (2). after the word training
(including such training after enrolment, at such intervals and for such periods as the Board may prescribe)";
(ii) in paragraph (e) by inserting the following words after the word misconduct," :---
"or of any midwife who, in the unanimous opinion of the Board is so inefficient, by reason of her refusal or neglect to attend and complete to the satisfaction of the Board a course required by any regulations for training after enrolment, that it would be inimical to the interest of patients to allow her to continue to practise."
4. Section 4 of the Midwives Ordinance, 1910, is amended by the addition of a new sub-section at the end thereof :-
Addition of
new sub- section (3) to section 4 of Ordin-
of 1910.
(3) Upon any inquiry by the Board in connexion with ance No. 22 the removal of the name of any midwife under paragraph (e) of the preceding sub-section, such midwife shall be entitled to appear and to be heard by counsel or solicitor.
Passed the Legislative Council of Hong Kong, this 25th day of September, 1941.
R. EDWARDS,
Deputy Clerk of Councils.
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