CO129-591-2 Hong Kong University- award of degrees to medical students whose studies were interrupted by war.... 26-2-1943 - 19-12-1945 — Page 122

Telegrams:

GENMEDICUM, WESDO, LONDON.

Telephone:

LANGHAM 2727

All communications to be addressed to

"THE REGISTRAR OF THE GENERAL MEDICAL COUNCIL,"

and not to any individual by name.

In your reply please quote

MH/PINo. 61459

General Council of Medical Education & Registration of the United Kingdom

← 46. Hallam Street, Portland Place, London, W. 1

1946

23rd July, 1945.

C

Dear Paskin,

Thank you for your letter (53611/7/44) of June 20 about the Order in Council empowering a Committee to confer medical degrees on behalf of the University of Hong Kong.

1. I do not see any way round the first difficulty about the registration in the Medical Register of holders of degrees so conferred to which your Legal Adviser draws attention, namely, that under section 11 of the Medical Act, 1886, recognized Colonial diplomas must be granted in a British Possession to which the Act applies, unless it were possible to provide in the Order in Council that for the purposes of the section degrees so conferred should be deemed to be granted in Hong Kong.

Such a provision would, however, I fear, be open to the objection that it purported to amend a statute by subordinate legislation.

2. If the first difficulty is not fatal, I think we should be prepared to hold that degrees conferred by the Committee are granted by the University within the meaning of section 11 of Ordinance No. 41 of 1935. You are advised (see your official letter 53611/4/42 of May 21, 1943) that the University continues to exist; and it seems to me that, unless there is anything in the wording of the draft Order in Council to prohibit this construction, we should regard the Committee as the instrument by which the University finds it expedient for the time being to grant degrees. I think we should disregard interference by the Japanese with the normal procedure by which degrees are granted.

3. I think it would be well to meet the third difficulty by making provision in the draft Order in Council, or in another Order, for the temporary registration of the graduates concerned for the purposes of the Ordinance, in order to bridge any gap between the date of the recovery of Hong Kong and the date on which the University is again able to operate. Any such provision could presumably be based on Defence Regulation 32B and the

P.T.0.