# Medical Registration Ordinance, 1957

Date of Commencement: 1 June 1957 (Except s. 27) (s. 1) Date of Commencement: 1 September 1964 (s. 27) (Proc. 3/1964, citation unknown) Adaptation of law: See L.N. 362 of 1997, 23 of 1998, 25 of 1998 and 37 of 2000 for changes after the handover of Hong Kong. For regulation of traditional Chinese medicine, see Chinese Medicine Ordinance (Cap. 549).
* A verified copy of this enactment exists on Hong Kong e-Legislation since 12 October 2020.
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MEDICAL REGISTRATION ORDINANCE, 1957.
ARRANGEMENT OF SECTIONS.
HONG KONG
No. 25 of 1957.
* L.S.
I assent. A. G. Grantham, Governor. 23rd May, 1957.
An Ordinance to repeal, and to re-enact with amendment, the Medical Registration Ordinance, Chapter 161.
[1st June, 1957.]
Be it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows—
PART I. Citation, Commencement and Interpretation.
Short title and commencement. 1. This Ordinance may be cited as the Medical Registration Ordinance, 1957, and shall come into operation on the 1st day of June, 1957, save and except section 27 which shall come into operation on a day to be appointed by the Governor by Proclamation in the Gazette.
Interpretation. 2. In this Ordinance, unless the context otherwise requires—
“Colony diploma” means any degree of medicine and surgery granted by the University and any licence in medicine and surgery of the former Hong Kong College of Medicine;
“Commonwealth or foreign diploma” means such a diploma as is mentioned in section 18 of the [4 & 5 Eliz. 2, c. 76.]Medical Act, 1956, other than a Colony diploma;
​“Council” means the Medical Council of Hong Kong established under section 3;
“diploma” means any diploma, degree, fellowship, membership, licence, authority to practise, letters testimonial, certificate or other status or document granted by any university, corporation, college, or other body, or by any departments of or persons acting under the authority of the government of any country or place within or without Her Majesty’s dominions;
“Director” means the Director of Medical and Health Services;
“practice” includes the diagnosis of any form of disease whether the cases diagnosed be treated medically or surgically or not:
Provided that laboratory assistants who work for or under a registered practitioner shall not by reason only of such laboratory work be deemed to practise medicine or surgery;
“prescribed" means prescribed by regulations made under section 31;
“provisional registration” and “provisionally registered” mean respectively provisional registration and provisionally registered in accordance with the provisions of section 11;
“qualifying diploma” means a diploma conferring, subject to compliance with the provisions of this Ordinance, the right of registration under section 7;
“qualifying examination” means an examination which has to be passed to qualify for a qualifying diploma;
“register” means the register kept in accordance with section 6;
“registered medical practitioner” means a person who is registered, or is deemed to be so registered under the provisions of sections 28 and 32;
“Registrar” means the Director as Registrar of Medical Practitioners;
“registration” and “registeredv mean respectively registration and registered in accordance with the provisions of section 7;
“University" means the University of Hong Kong.
PART II. The Medical Council of Hong Kong.
Establishment and composition of Council. 3. (1) There shall be established within the Colony a Council to be called the Medical Council of Hong Kong.
(2) The Council shall consist of—
    (a) the Director;
    (b) the Senior Medical Officer of the Royal Navy stationed in the Colony;
    (c) the Senior Medical Officer of the British Army stationed in the Colony;
    (d) one registered medical practitioner in the public service of the Colony to be appointed by the Governor;
    (e) one registered medical practitioner to be nominated by the University and appointed by the Governor;
    (f) four registered medical practitioners resident in the Colony to be nominated by the British Medical Association of Hong Kong and by the Chinese Medical Association of Hong Kong and appointed by the Governor.
(3) The members referred to in paragraphs (d), (e) and (f) of subsection (2) of this section shall hold office for a period of three years but at the end of such period they may be re-appointed.
(4) There shall be a Secretary of the Council and a Legal Adviser to the Council who shall be appointed by the Governor.
(5) The Director shall be Chairman of the Council:
Provided that if the Director shall be absent from any meeting of the Council a member of the Council elected at that meeting by the members present at such meeting shall act as Chairman.
Meetings of the Council. 4. (1) The Council shall meet at such times and such places as the Director may appoint.
(2) At any meeting of the Council five members shall be a quorum.
​(3) The validity of any proceedings of the Council shall not be affected by any vacancy among the members thereof or by any defect in the appointment of a member thereof.
(4) All questions coming or arising before a meeting of the Council shall be decided by a majority of the members of the Council present and voting thereon.
(5) The Chairman at any meeting of the Council shall have an original vote and also, if upon any question the votes shall be equally divided, a casting vote except in an inquiry under section 20 at which he shall have only an original vote.
(6) The Council may make standing orders for regulating the procedure at, and in connexion with, its meetings.
PART III. Registration of Medical Practitioners.
Registrar. 5. For the purposes of this Ordinance, there shall be a Registrar of Medical Practitioners who shall be the Director.
Register. 6. (1) The Registrar shall cause a register to be kept in such form as shall be prescribed and containing the names, addresses and qualifications, and such other particulars as may be prescribed—
    (a) in Part I of the register, of all persons who have been registered; and
    (b) in Part II of the register, of all persons who have been provisionally registered but not registered.
(2) The Registrar shall be responsible for the maintenance and custody of the register.
Qualifications for registration. 7. Subject to the provisions of this Ordinance, the following persons shall be entitled to be registered as medical practitioners—
    (a) any person who holds a Colony diploma; ​
    (b) any person who holds any other degree which is recognized by the General Medical Council of the the United Kingdom as a qualification entitling the holder to be registered in the medical register of the United Kingdom of Great Britain and Northern Ireland.
Experience necessary for registration. 8. A person shall not become registered, otherwise than by way of provisional registration, unless—
    (a) in the case of a person claiming registration by virtue of a Colony diploma, it is certified under section 9 that he has had the experience specified in that section; or
    (b) in the case of a person claiming registration by virtue of a Commonwealth or foreign diploma, the Council are satisfied that he has had such experience as is specified in section 10:
Provided that if, by virtue of a degree of medicine or surgery granted by the University, a person, before the 1st day of July, 1953, was entitled to registration or provisional registration but in lieu of applying for registration or provisional registration such person left the Colony, on application to the Council at any time thereafter he shall be entitled to be registered if the Council is satisfied that he has had the experience required by section 10.
Certificate of experience. 9. (1) A certificate for the purposes of paragraph (a) of section 8 shall not be granted in respect of any person unless after passing a qualifying examination he has been engaged in employment in a resident medical capacity in an approved hospital or in an approved institution for such period as may be prescribed.
(2) A person satisfying the condition specified in subsection (1) may apply to the University for a certificate under this section, and if the University is satisfied that—
    (a) during the time the applicant has been so employed as aforesaid he has been engaged for such period or minimum period as may be prescribed in medicine, and for such period or minimum period as may be prescribed in surgery; and
    (b) his service while so employed has been satisfactory,
the University shall grant, in such form as may be prescribed, a certificate that it is so satisfied.
​(3) Time during which an applicant, while employed as mentioned in subsection (1) has been engaged in midwifery, not exceeding such period as may be prescribed, shall be counted for the purposes of paragraph (a) of subsection (2) either as time spent in medicine or as time spent in surgery, as the applicant may elect.
(4) Where during any period of such employment as is referred to in subsection (1) an applicant who has been engaged in medicine has also been engaged in surgery or in midwifery or both, or an applicant who has been engaged in surgery has also been engaged in midwifery, the period shall be apportioned for the purposes of this section in such manner as may be determined by the body granting the qualifying diploma by virtue of which the applicant claims registration.
(5) In this section—
    (a) “approved”, in relation to a hospital or institution, means approved for the time being by the University for the purposes of this section;
    (b) reference to employment in a resident medical capacity shall be construed as reference to employment in the practice of medicine, surgery or midwifery, where the person in question is resident in the hospital or institution where he is employed or conveniently near thereto, and by the terms of his employment is required to be so resident.
Other evidence of experience. 10. The matters as to which the Council must be satisfied for the purposes of paragraph (b) of section 8 are—
    (a) that the person claiming registration has been employed as mentioned in subsection (1) of section 9 and has satisfied the conditions specified in paragraphs (a) and (b) of subsection (2) of that section; or
    (b) that such person has rendered satisfactory service in an appointment (whether within or outside Her Majesty’s dominions) such as in the opinion of the Council confers experience of the practice of medicine and surgery, or medicine, surgery and midwifery, not less extensive than that required for a certificate under section 9; or
    (c) that such person has otherwise acquired such experience as aforesaid.
​Provisional registration. 11. (1) Any person who, but for the provisions of section 8, would be entitled to be registered, shall be entitled to be provisionally registered, on application to the Registrar and production to the Registrar of evidence to the satisfaction of the Registrar that he has been selected for such employment as is mentioned in subsection (1) of section 9 and on payment to the Registrar of such fee as is prescribed by regulations made under section 31.
(2) Any person who has been provisionally registered shall be deemed to be registered as far as is necessary—
    (a) to enable him to be employed as mentioned in subsection (1) of section 9;
    (b) in order that the provisions of section 18 and of Part IV may be applicable to him;
    (c) for the purpose of section 5 of the (Cap. 3).Jury Ordinance and for the purpose of such other enactments as may be prescribed; and
    (d) for any other purpose which the Governor in Council may by order direct,
but not further.
Degrees, etc. 12. (1) No degree or qualification shall be entered on the register, either on the first registration or by way of addition to a registered name, unless the Registrar is satisfied by such evidence as he may consider sufficient that the person claiming such degree or qualification is entitled thereto.
(2) Every person registered under this Ordinance who obtains any additional degree or other qualification other than the qualification in respect of which he has been registered, shall be entitled subject to the provisions of this section to have such additional degree or other qualification inserted in the register in substitution for or in addition to the qualification previously registered.
(3) The Council may decide what additional degrees and other qualifications may be entered on the register:
Provided that any additional degree or other qualification recognized by the General Medical Council of the United Kingdom may be entered on the register.
​Registration. 13. (1) Any person entitled to be registered may apply to the Registrar for registration.
(2) Applications for registration shall be made in such. manner or form and shall be accompanied by such documents and particulars and by such fee as may be prescribed:
Provided that no fee shall be payable on the application for registration of a person in the public service of the Colony or in the full time service of the University.
(3) Where a person has complied with the provisions of sub- section (2), he shall, subject to the provisions of this Ordinance, be registered by the Registrar who shall issue to him a certificate of registration in such form as shall be prescribed.
Publication of register and evidence of registration, etc. 14. (1) As soon as may be after the 1st day of January of every year, the Registrar shall prepare and publish in the Gazette a list of the names, addresses, qualifications and dates of the qualifications of all persons whose names appear on Part I of the register on the 1st day of January immediately preceding the publication of the list in the Gazette.
(2) As soon as may be after the 1st day of July of every year, the Registrar shall prepare and publish in the Gazette a list of the names, addresses, qualifications and dates of the qualifications. of all persons whose names were added to Part I of the register between the 1st day of January and the 1st day of July of such year.
(3) The publication of a list referred to in subsection (1) or subsection (2) shall be prima facie evidence that each person named in such list is registered.
(4) The absence of the name of any person from the list last published under subsection (1) and any list subsequently published under subsection (2) shall be prima facie evidence that such person is not registered.
(5) A certificate under the hand of the Registrar that the name of a person has been entered or removed from the register shall be conclusive evidence that a person is or is not registered or provisionally registered, as the case may be.
​Privileges of registered medical practitioners. 15. (1) Every registered medical practitioner shall be entitled to practise medicine, surgery and midwifery and to recover in due course of law reasonable charges for professional aid, advice and visits and the value of any medicine or medical or surgical appliances rendered, made or supplied by him to his patients.
(2) Subject to the provisions of sections 29 and 30, no person shall be entitled to recover in any Court any such charges as are referred to in subsection (1) unless at the date when such charges accrued he was a registered medical practitioner:
Provided that nothing in this subsection shall affect the practice of midwifery by any person duly licensed in that behalf under the provisions of any law in force in the Colony.
Medical certificates. 16. No certificate or other document required by any written law to be signed by a duly qualified medical practitioner given after the commencement of this Ordinance shall be valid unless signed by a person who at the date of such signing was a registered medical practitioner.
Definition. 17. The words “legally qualified medical practitioner” or “duly qualified medical practitioner” or any words importing a person recognized by law as a medical practitioner or member of the medical profession, when used in any written law with reference to such persons, shall be construed to mean a registered medical practitioner.
Power of Council to order removal of names from register. 18. The Council may order the removal from the register of the name of any person who—
    (a) is deceased; or
    (b) is no longer practising medicine, surgery or midwifery in the Colony; or
    (c) has not supplied to the Registrar an address in the Colony at which all notices from the Council may be served on him:
Provided that any person failing to acknowledge within twelve months of the date of despatch the receipt of a registered letter or telegram addressed to him at the last address supplied by him to the Registrar shall be deemed not to have supplied the Registrar with an address under this paragraph.
​Alterations to the register. 19. (1) The Registrar may amend any entry in the register if any alteration in or addition to the address or qualification of or other relevant information relating to the person named in such entry shall have come to his knowledge.
(2) The Registrar shall make such amendments to the register as are made necessary by any decision of the Council.
PART IV. Disciplinary Proceedings, and Offences.
Disciplinary powers of Council. 20. (1) If, after due inquiry, the Council is satisfied that any registered medical practitioner—
    (a) has been convicted in the Colony or elsewhere of any offence punishable with imprisonment;
    (b) has been guilty of infamous conduct in any professional respect;
    (c) has obtained registration by fraud or misrepresentation; or
    (d) was not at the time of his registration entitled to be registered,
the Council may, in its discretion—
    (i) order the name of the registered medical practitioner to be erased from the register; or
    (ii) order the name of the registered medical practitioner to be removed from the register for such period as it may think fit; or
    (iii) order the registered medical practitioner to be reprimanded; or
    (iv) postpone judgment on the case for a period or periods, in the aggregate, not exceeding two years,
and may, in any case, make such order as the Council thinks fit with regard to the payment of the costs of the Registrar and of any complainant or of the registered medical practitioner, and any costs awarded may be recovered summarily as a civil debt in accordance with the provisions of sections 65 and 66 of the (Cap. 227).Magistrates Ordinance.
​(2) For the purpose of subsection (1)—
“due inquiry” means an inquiry by the Council conducted substantially in accordance with procedure prescribed by regulations made under section 31.
(3) Nothing in this section shall be deemed to require the Council to inquire into the question whether the registered medical practitioner was properly convicted but the Council may consider any record of the case in which such conviction was recorded and any other evidence which may be available and is relevant as showing the nature and gravity of the offence.
[cf. 4 & 5 Eliz. 2, c. 76, s. 33(2).](4) In any inquiry under this section whether a person has been guilty of infamous conduct in any professional respect, any finding of fact which is shown to have been made in any matrimonial proceedings in a court of the Commonwealth having unlimited jurisdiction in civil matters, or on appeal from a decision in such proceedings, shall be conclusive evidence of the fact found.
(5) Within one month after the expiry of the time within which an appeal, against an order made by the Council in accordance with the provisions of subsection (1), may be made to the Full Court in accordance with the provisions of section 23, or if such appeal has been made, within one month after the decision of the Full Court affirming or varying such order, the Council shall cause the order or the order as so varied, as the case may be, to be published in the Gazette and may cause an account of the proceedings at the inquiry at which such order was made, to be so published. There shall also be published in the Gazette along with such order sufficient particulars to acquaint the general public of the nature of the offence to which the order relates.
Powers of Council in regard to obtaining of evidence and conduct at proceedings. 21. (1) For the purposes of an inquiry under section 20 the Council shall have the following powers—
    (a) to hear, receive and examine evidence on oath;
    (b) to summon any person to attend the inquiry to give evidence or produce any document or other thing in his possession and to examine him as a witness or require him to produce any document or other thing in his possession, subject to all just exceptions; ​
    (c) to admit or exclude the public or any member of the public from the inquiry;
    (d) to admit or exclude the press from the inquiry;
    (e) to award any person summoned to attend the inquiry such sum or sums as in the opinion of the Council may have been reasonably expended by him by reason of his attendance.
(2) Summonses to witnesses may be in such form as may be prescribed and shall be signed by the Chairman.
Penalty for failure to give evidence. 22. Any person who being summoned to attend as a witness or to produce a book, document or any other thing at an inquiry under section 20 refuses or neglects to do so or to answer any question put to him by or with the concurrence of the Council shall be guilty of an offence and shall be liable to a fine of one thousand dollars and to imprisonment for six months:
Provided that no person shall be bound to incriminate himself and every witness shall, in respect of any evidence given by him before the Council, be entitled to the privileges to which he would be entitled if giving evidence before a court of justice.
Appearance of counsel, etc. 23. The complainant in any inquiry under section 20 and person whose conduct is the subject of such inquiry shall be entitled to be represented by counsel or by a solicitor throughout the inquiry.
Orders of the Council. 24. (1) A copy of any order made under subsection (1) of section 20 shall be served forthwith by the Registrar upon the registered medical practitioner concerned, either personally or by registered post addressed to his registered address.
(2) The Registrar shall not erase or remove the name of the registered medical practitioner from the register before the expiry of one month after the date of service of the order of the Council on the person concerned and in the case of an appeal shall await the decision of the Full Court.
(3) Any person whose name has been removed or erased from the register under section 18 or under subsection (1) of section 20 may apply to the Council for the restoration of his name to the ​register, and the Council, in its absolute discretion and after such inquiry as it may consider desirable, may either allow or refuse the application, and, if it allows the same, shall order the Registrar to restore the name of the applicant to the register, and thereupon the Registrar shall restore the name accordingly.
(4) Any order made by the Council as aforesaid shall be signed by the Chairman.
Appeal against orders of the Council. 25. (1) Any registered medical practitioner who is aggrieved by any order made in respect of him under section 18 or under section 20 may appeal to the Full Court, and the Full Court may thereupon affirm, reverse or vary the order appealed against.
(2) The decision of the Full Court upon such appeal shall be final.
(3) The practice in relation to any such appeal shall be subject to any rules of court made under the (Cap. 4).Supreme Court Ordinance:
Provided that the Full Court shall not have power to hear any appeal against an order made under section 20 unless notice of such appeal was given within one month of the service of the order in accordance with subsection (1) of section 24.
Fraudulent registration. 26. Every person who fraudulently procures or attempts to procure himself or any other person to be registered by making or producing, or causing to be made or produced, any false or fraudulent representation or declarations, either oral or in writing, shall be guilty of an offence and on summary conviction shall be liable to a fine of ten thousand dollars and to imprisonment for two years.
Unlawful use of title etc. and practice without registration. 27. Any person who wilfully and falsely pretends to be qualified, or takes or uses any name or title implying that he is qualified, to practise medicine or surgery or to be registered or, not being registered or provisionally registered or exempted from registration, practises or professes to practise or publishes his name as practising medicine or surgery shall be guilty of an offence and on summary conviction shall be liable to a fine of two thousand dollars and to imprisonment for six months.
PART V. Exemption, Savings, Regulations and Repeal.
Exemption from registration. 28. The following persons shall be exempted from registration and shall be deemed to be registered medical practitioners while serving in or holding the appointments specified—
    (a) all medical officers of Her Majesty’s Forces serving on full pay in the Colony;
    (b) all ships’ surgeons while in the discharge of their duties;
    (c) any person who is in the Colony for the purpose of teaching and research in any institution recognized from time to time by the Council for that purpose and not having any of the qualifications mentioned in section 7 for so long as he continues to engage himself exclusively in teaching and in research and the clinical practice of medicine directly connected with and necessary for the performance of his teaching duties;
    (d) any person, other than a person serving a prescribed period of employment under subsection (1) of section 9, who is in the full time service of—
       (i) the Government as a Government medical officer; or
       (ii) the University for the purpose of teaching in the pathological department of the faculty of medicine, or in the clinical units of medicine or of surgery or of obstetrics and gynaecology of such faculty,
and who is duly authorized for that purpose by the Director subject to such terms and conditions as the Director, in his absolute discretion, may impose.
Certain medical examiners exempted. 29. (1) Notwithstanding that he may not be entitled to be registered, a national of a foreign country who is registered as a medical practitioner in that country and who is employed by may be the government of that country, may, with the consent of the Governor, conduct medical examinations of applicants for admission into that country with a view to ascertaining their fitness for admission.
​(2) Such consent may be given subject to such conditions as the Governor may think fit to impose and may be revoked at any time in the absolute discretion of the Governor.
(3) For the purposes of this section, the expression “foreign country” means any country outside the Commonwealth.
Chinese medicine. 30. (1) Nothing in this Ordinance shall be deemed to affect the right of any person of Chinese race, not being a person taking or using any name, title, addition or description calculated to induce anyone to believe that he is qualified to practise medicine or surgery according to modern scientific methods, to practise medicine or surgery according to purely Chinese methods and to demand and recover reasonable charges in respect of such practice.
(2) For the purposes of this section—
    (a) the taking or using in Chinese by any person of the name, title, addition or description of 中醫 or 中醫師 or 唐醫 or 國醫 or 中醫生 or or of any words or characters implying specialization when preceded by the aforementioned characters shall not be deemed to be the taking or using of a name, title, addition or description calculated to induce anyone to believe that he is qualified to practise medicine or surgery according to modern scientific methods:
    Provided that in any English translation of such characters the word “Herbalist” must be included;
    (b) the taking or using by any person of the name, title, addition or description of 西醫，醫生，醫師，醫士，醫學士，醫學博士，男醫，女醫，醫科，醫家，醫寓，醫院，醫務院，醫所，醫務所，診療所，療病院 and the taking or using of words or characters implying specialization if preceded by words or characters other than those specified in paragraph (a) shall be deemed to be the taking or using of a anyone to believe that he is qualified to practise medicine name, title, addition or description calculated to induce or surgery according to modern scientific methods and that he is registered.
Power of Governor in Council to make regulations. 31. The Governor in Council may by regulation prescribe or provide for—
    (a) the duties of the Registrar;
    (b) the duties of the Legal Adviser to the Council; ​
    (c) the form of the register, the mode in which it shall be kept and the contents thereof;
    (d) any certificate form or other document required under this Ordinance;
    (e) any fee required to be paid under the provisions of this Ordinance;
    (f) the minimum periods of employment mentioned in section 9'
    (g) the procedure to be followed—
       (i) in relation to preliminary investigation of complaints touching the conduct of persons whose names appear on the register;
       (ii) in relation to inquiries held by the Council under the provisions of section 20;
    (h) the issue of medical certificates of death.
Saving. (Cap. 161). 32. Every person who was registered or provisionally registered under the provisions of the Medical Registration Ordinance at the date of the coming into force of this Ordinance shall be deemed to be registered or provisionally registered, as the case may be, and the Registrar as soon as practicable after such date shall record in the register in respect of each such person the particulars required to be so recorded.
Repeal. (Cap. 161). 33. The Medical Registration Ordinance is repealed:
Provided that section 14 of that Ordinance shall continue in operation until section 27 of this Ordinance is brought into operation in accordance with the provisions of section 1.
Passed the Legislative Council of Hong Kong, this 22nd day of May, 1957.
R. Thompson, Deputy Clerk of Councils.
This work is a Hong Kong ordinance. As an edict of a government, it is in the public domain in the U.S. Because Hong Kong ordinances are originally written in English, this is not a translation and no separate translation license is needed. Since fifty years have passed from its publication. It is also in the public domain in Hong Kong according to section 183(2) and paragraph 36 of Schedule 2 of the Copyright Ordinance (Cap. 528).
According to Section 3 of the Interpretation and General Clauses Ordinance (Cap. 1), the term "ordinance" also includes any subsidiary legislation made under any ordinances of Hong Kong that does not contravene with the Hong Kong Basic Law.
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