XN000022-1994-10-12 — Page 34

WEDNESDAY, OCTOBER 12, 1994

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CONTROL OF PRIVATE MEDICAL PRACTICES

*

THE FOLLOWING IS A WRITTEN REPLY BY THE SECRETARY FOR HEALTH AND WELFARE, MRS KATHERINE FOK, TO A QUESTION BY THE HON ERIC LI IN THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY);

MR PRESIDENT,

(A) THE ARE

(B)

PROVISIONS GOVERNING THE INCORPORATION OF COMPANIES CONTAINED IN PART I OF THE COMPANIES ORDINANCE (CAP 32).

SECTION 4 OF THIS ORDINANCE PROVIDES THAT ANY TWO OR MORE PERSONS, ASSOCIATED FOR ANY LAWFUL PURPOSE, MAY AN INCORPORATED COMPANY WITH LIMITED LIABILITY. THERE ARE NO SPECIFIC PROVISIONS WHICH PROHIBIT AN INVESTOR FROM INCORPORATING A LIMITED COMPANY TO OWN A MEDICAL PRACTICE WHICH IS UNDER THE DIRECT SUPERVISION OF A REGISTERED MEDICAL PRACTITIONER OR A GROUP OF REGISTERED MEDICAL PRACTITIONERS. IF THE OBJECTS OF A COMPANY DO NOT · APPEAR ΤΟ BE ILLEGAL, THE REGISTRAR OF COMPANIES CANNOT REFUSE THE INCORPORATION.

THERE ARE NO SPECIFIC STATUTORY PROVISIONS WHICH PROHIBIT AN INDIVIDUAL DOCTOR OR A GROUP OF DOCTORS FROM INCORPORATING A COMPANY TO CARRY ON THE BUSINESS OF MEDICAL PRACTICE, OR TO INVEST IN SUCH A BUSINESS.

(C) UNDER THE MEDICAL CLINICS ORDINANCE (CAP

(D)

343), PRIVATE

CONSULTING ROOMS USED EXCLUSIVELY BY REGISTERED MEDICAL PRACTITIONERS IN THE COURSE OF THEIR PRACTICE ON THEIR OWN ACCOUNT AND NOT BEARING ANY TITLE OR DESCRIPTIONS WHICH INCLUDE THE WORD "CLINIC" OR "POLYCLINIC" IN THE ENGLISH LANGUAGE ARE SPECIFICALLY EXEMPTED FROM THE REGISTRATION REQUIREMENTS OF THAT ORDINANCE. NEVERTHELESS, ALL REGISTERED MEDICAL PRACTITIONERS ARE RESPONSIBLE FOR THE STANDARD OF THEIR PROFESSIONAL PRACTICE AND ARE SUBJECT TO THE CONTROL OF THE MEDICAL REGISTRATION ORDINANCE (CAP 161) AND THE PROFESSIONAL CODE OF CONDUCT ISSUED BY THE MEDICAL COUNCIL.

THE ANSWER TO (C) ABOVE IS THE SAME WHETHER OR MEDICAL PRACTICE IS INCORPORATED UNDER THE ORDINANCE IN THE SITUATIONS AS DESCRIBED IN (A) ABOVE.

NOT THE COMPANIES

AND (B)

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