A406
Ord. No. 68/86
Amendment of section 28.
5.
PENALTIES FOR PRACTICE OF MEDICINE AND DENTISTRY BY UNREGISTERED PERSONS (MISCELLANEOUS AMENDMENTS)
Section 28 of the Medical Registration Ordinance is amended- (a) by deleting "practises or":
(b) by deleting "shall be guilty of an offence and shall be liable on summary
conviction to a fine of $2,000" and substituting the following
"commits an offence and is liable on summary conviction to a fine of $10,000":
(c) by being renumbered as subsection (1) thereof; and
(d) by inserting after subsection (1) the following-
(Cap. 156.)
(Cap. 138.)
(Cap. 359.)
(Cap. 266.)
"(2) Subject to subsection (3), any person who not being registered or provisionally registered or exempted from registration—
(a) practises medicine or surgery commits an offence and is
liable-
(i) on summary conviction to a fine of $50,000 and to imprisonment for 2 years: or
(ii) on conviction upon indictment to imprisonment for 3 years; or
(b) does any medical diagnosis, prescribes any medical treatment or performs any medical treatment (including surgery) in relation to a person which results in personal injury to that person commits an offence and is liable-
(i) on summary conviction to a fine of $100,000 and to imprisonment for 3 years; or
(ii) on conviction upon indictment to imprisonment for 7 years.
(3) Subsection (2) shall not apply to any treatment-
(a) by way of dentistry performed by a dentist registered, deemed to be registered or exempt from registration under the Dentists Registration Ordinance:
(b) by way of the dispensation of medicine or poison by a pharmacist registered under the Pharmacy and Poisons Ordinance;
(c) by way of the dispensation of poison by a seller of poisons
listed under the Pharmacy and Poisons Ordinance;
(d) in the course of the practice of one of the professions listed in the Schedule to the Supplementary Medical Professions Ordinance given by a person registered or licensed under that Ordinance to practise that profession;
(e) by way of massage given in a massage establishment by or under the supervision of a person licensed to operate that massage establishment under the Massage Establishments Ordinance;
(f) by way of chiropody, chiropractic or osteopathy; and (g) by way of first aid.
(4) For the purposes of this section a person who fraudulently procures himself to be registered by making or producing or causing to be made or produced, any false or fraudulent representation or declaration, either oral or in writing, shall be deemed not to have been so registered.
(5) In subsection (3) "treatment" includes such diagnosis and prescription as is necessary for the purpose of giving treatment.".
PENALTIES FOR PRACTICE OF MEDICINE AND
Ord. No. 68/86
A407
DENTISTRY BY UNREGISTERED PERSONS (MISCELLANEOUS AMENDMENTS)
6.
Section 32(2) of the Medical Registration Ordinance is amended by deleting Amendment of "shall be guilty of an offence and shall be liable on summary conviction to a fine of section 32. $2,000" and substituting the following—
"commits an offence and is liable on summary conviction to a fine of $10,000“.
7.
PART III
AMENDMENTS TO THE MEDICAL CLINICS ORDINANCE
Section 2 of the Medical Clinics Ordinance is amended-
(a) in the definition of "clinic" in paragraph (a) by deleting ". or" and
substituting the following-
or by the Chinese University of Hong Kong, or"; and
(b) in the definition of "medical treatment”--
(Cap. 156.)
(Cap. 138.)
(Cap. 359.)
8.
(i) by deleting paragraph (a) and substituting the following--
"(a) the treatment given by a dentist registered, deemed to be registered or exempt from registration under the Dentists Registration Ordinance;";
(ii) by deleting paragraph (b) and substituting the following-
(b) the dispensation of medicine or poison by a pharmacist registered
under the Pharmacy and Poisons Ordinance:
(ba) the dispensation of poison by a seller of poisons listed under the
Pharmacy and Poisons Ordinance;"; and
(iii) by deleting paragraph (e) and substituting the following-
"(e) in the course of the practice of one of the professions listed in the Schedule to the Supplementary Medical Professions Ordinance by a person registered or licensed under that Ordinance to practise that profession;”.
Section 14 of the Medical Clinics Ordinance is amended-
(a) in subsection (1) by deleting "to a fine of $50,000 and to imprisonment for 5
years." and substituting the following-
(i) on summary conviction to a fine of $50,000 and to imprison-
ment for 2 years; or
(ii) on conviction upon indictment to imprisonment for 3 years.":
and
(b) by inserting after subsection (1) the following-- "(1A) Any person who—
(a) in a clinic which is not registered does any medical diagnosis. prescribes any medical treatment or performs any medical treatment in relation to a person which results in personal injury to that person; or
(b) in a clinic registered under section 5 in respect of which no registered medical practitioner is appointed and maintained pursuant to section 7 and which is not exempted under section 8. does any medical diagnosis, prescribes any medical treat- ment or performs any medical treatment in relation to a person which results in personal injury to that person.
commits an offence and is liable-
(i) on summary conviction to a fine of $100.000 and to imprison-
ment for 3 years; or
(ii) on conviction upon indictment to imprisonment for 7 years.".
Amendment of
section 2.
(Cap. 343.)
Amendment of section 14.
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Private notes are available after approval.