### Medical Clinics Ordinance 《診療所條例》

5. Registration of clinics
(1) Application for registration as a clinic shall be made to the Registrar in such form as he may prescribe, and such form shall require a statement of the objects of the clinic to be included.
(2) Subject to the provisions of this Ordinance, the Registrar shall, on receipt of an application for registration, register the applicant in respect of the clinic named in the application, subject to such conditions, if any, as he may impose, and issue to the applicant a certificate of registration in the prescribed form:
Provided that the Registrar may refuse to register the applicant if he is satisfied—
(a) that the applicant or any person employed by him at the clinic is not a fit person, whether by reason of age or otherwise, to carry on or to be employed at a clinic; or
(b) that for reasons connected with situation, construction, accommodation, staffing or equipment, the premises to be used in connection with the clinic are not fit to be used for the purposes of a clinic or that such premises are used or to be used for purposes which are in any way improper or undesirable in the case of a clinic; or
(c) that the clinic will not be under the continuous personal supervision of a registered medical practitioner; or
(d) that—
(i) the income derived or to be derived from the establishment or operation of the clinic is not, or will not be, applied solely towards the promotion of the objects of the clinic; or
(ii) any portion of such income, except payment in good faith of remuneration to any such properly employed registered medical practitioners, persons employed pursuant to an exemption granted under section 8, nurses and menial servants working in the clinic, is, or will be, paid or transferred directly or indirectly by way of dividend, bonus or otherwise howsoever by way of profit to the applicant himself, or to any persons properly so employed, or to any other persons howsoever.

(3) In the case of a clinic run by a registered trade union exclusively for its members and the families of such members, the Registrar shall not refuse registration solely on the grounds set out in paragraph (d) of subsection (2) where the income derived or to be derived from the establishment or operation of the clinic and remaining after expenditure for the purposes permitted in such paragraph (d) is or will be applied solely for the purposes authorized in section 33(1)(f) of the Trade Unions Ordinance (Cap. 332) and so applied in such a manner that no part thereof shall be paid to or for the benefit of any person employed in such clinic. (Amended 80 of 1997 s. 102)
(4) Every person registered in respect of a clinic shall display the current certificate of registration issued in respect of the clinic in a conspicuous place at the clinic. (Replaced 58 of 1981 s. 2)

### Medical Clinics Ordinance 《診療所條例》

6. Period of registration
(1) Subject to the provisions of section 10, a registration shall, as indicated by the Registrar on the certificate of registration, be valid—
(a) until the end of the year in which it is made, and any person registered in respect of a clinic who desires to continue to be so registered for any subsequent year shall make application for re-registration during the first week of the month of November, or, for good reason shown to the satisfaction of the Registrar, at such later date as the Registrar may allow; or (Amended 37 of 1966 s. 3)
(b) for such months in any one year and such extended periods thereof, if any, as the Registrar in his absolute discretion may allow.
(2) The Registrar may, in his absolute discretion—
(a) when granting re-registration under subsection (1)(a); or
(b) when extending the period of validity under subsection (1)(b),
impose conditions or amend conditions already imposed.

7. Duty to ensure proper supervision
Every person registered in respect of a clinic shall appoint and maintain a registered medical practitioner who shall be responsible for the medical management of the clinic in relation to which he has been appointed.
(Amended 37 of 1966 s. 4)

### Medical Clinics Ordinance 《診療所條例》

9. Exemptions from section 6 to cease to be valid
(1) Every exemption granted under section 8(1) prior to the commencement# of the Medical Clinics (Amendment) (No. 2) Ordinance 1966 (37 of 1966) exempting a clinic from the provisions of section 6 shall continue in force until 1 January 1968 and shall then cease to be valid, and, unless the person registered in respect of a clinic so exempted from the provisions of section 6 is re-registered in respect thereof in accordance with the provisions of this Ordinance, he shall thereupon cease to be so registered.
(2) If the person registered in respect of any such clinic desires to continue to be so registered after 31 December 1967, he shall make application for re-registration in accordance with section 6(1)(a).
(Added 37 of 1966 s. 5) Editorial Note:
# Commencement date: 9 December 1966.

10. Cancellation of registration
Subject to the provisions of this Ordinance, the Registrar may at any time cancel the registration of a person in respect of a clinic on any ground which would entitle the Registrar to refuse an application for the registration of that person in respect of that clinic, or on the ground that that person has been convicted of an offence against the provisions of this Ordinance or that any other person has been convicted of such an offence in respect of that clinic.

11. Notice of refusal or of cancellation of registration
(1) In his absolute discretion the Registrar may, before refusing an application for registration or cancelling any registration, give to the applicant or to the person registered, as the case may be, notice of his intention so to do, stating the grounds on which he intends to refuse the application or cancel the registration and containing an intimation that the applicant or the person registered may make written representations to him.
(2) If the Registrar decides to refuse the application for registration or to cancel the registration, he shall make a written order properly dated to that effect and shall send a copy thereof by registered post to the applicant or the person registered, at the address last known to the Registrar.

### Medical Clinics Ordinance 《診療所條例》

12. Right of appeal
(1) Any person who is aggrieved by an order refusing an application for registration or cancelling a registration, or by a refusal to grant or renew an exemption or by a cancellation of an exemption may, within 14 days of such refusal or cancellation, appeal against it to the Administrative Appeals Board. (Amended 4 of 1965 s. 2; 37 of 1966 s. 6; 60 of 2000 s. 3; 10 of 2005 s. 6)
(2) No order for cancellation of registration or of exemption shall come into force or be gazetted under section 4 until the expiration of 14 days from the date on which it is made, or, where there is an appeal within 14 days from the date on which it is made, until the appeal has been decided or withdrawn. (Amended 4 of 1965 s. 2)

13. Inspection of clinics
The Registrar, or any public officer authorized in writing by him, may, subject to such regulations as may be prescribed, at any time enter and inspect any premises which are used, or which the Registrar or such a public officer has reasonable cause to believe to be used, for the purposes of a clinic, and may inspect any records prescribed by this Ordinance.