### Midwives Registration Ordinance 《助產士註冊條例》

15. Appeals
(1) A person who is aggrieved by any decision of the Council to refuse to enter the person’s name upon the register under section 8(3) or by any order made in accordance with the provisions of section 10 may appeal therefrom to the Court of Appeal and the Court of Appeal may affirm, vary or reverse the decision or order of the Council, and may exercise any power which the Council might have exercised. (Amended 67 of 1985 s. 16; 68 of 1995 s. 2; 61 of 1997 ss. 15 & 27; 10 of 2005 s. 69)
(2) (Repealed 10 of 2005 s. 65)(3)  The procedure in relation to appeals under this section shall be subject to any rules of court made under the High Court Ordinance (Cap. 4): (Amended 25 of 1998 s. 2)
Provided that the Court of Appeal shall not hear any such appeal unless notice thereof has been given to the court within 30 days after the service upon the appellant in accordance with section 14 of a copy of the order to which the appeal relates. 
(4) The Court of Appeal may make such order for costs in respect of an appeal under this section as it considers appropriate. (Added 61 of 1997 s. 15)
(Amended 92 of 1975 s. 59)

16. Registration not to imply possession of medical qualifications
Registration under this Ordinance shall not confer upon a person any right or title to be registered under the Medical Registration Ordinance (Cap. 161), or to assume a name, title or designation implying that the person is by law recognized as a medical practitioner or that the person is authorized to grant a medical certificate or a certificate of death or to undertake the charge of any case of abnormality or disease in connection with parturition.
(Amended 61 of 1997 s. 16)

### Midwives Registration Ordinance 《助產士註冊條例》

17. Penalty for assumption of title of registered midwife
(1) A person who, not being a registered midwife—
(a) uses the name or title of midwife, either alone or in combination with any other expression; or
(b) uses any name, title, description, uniform or badge,
implying that the person is a registered midwife or is a person specially qualified to practise midwifery or is recognized by law as a midwife, commits an offence and is liable on summary conviction to a fine at level 5 and to imprisonment for 2 years.
(2) A person who makes use of any certificate of registration with intent to deceive commits an offence and is liable on summary conviction to a fine at level 5 and to imprisonment for 2 years.
(3) A person who, knowing that another person is not a registered midwife, makes a statement, or does any other act, that suggests that the other person is a registered midwife commits an offence and is liable on summary conviction to a fine at level 5 and to imprisonment for 2 years.
(Replaced 61 of 1997 s. 17)

18. Prohibition of persons other than a registered medical practitioner or registered midwife attending women in childbirth
(1) A person who, not being a registered medical practitioner or a registered midwife, attends a woman in childbirth commits an offence and is liable on summary conviction to a fine at level 5 and to imprisonment for 2 years.
(2) Subsection (1) does not apply to—
(a) a person who, while undergoing training with a view to becoming a registered medical practitioner—
(i) attends a woman in childbirth; and
(ii) is, during that attendance, under the direction and personal supervision of a registered medical practitioner or a registered midwife; or
(b) a person who, while undergoing training with a view to becoming a registered midwife—
(i) attends a woman in childbirth as part of a course of training in midwifery recognized by the Council; and (Amended 9 of 2002 s. 3)
(ii) is, during that attendance, under the direction and personal supervision of a registered medical practitioner or a registered midwife; or
(c) a person who attends a woman in childbirth in case of an emergency.
(Replaced 61 of 1997 s. 18)

### Midwives Registration Ordinance 《助產士註冊條例》

19. Power of Council to prohibit registered midwives suffering from certain diseases from attending women in childbirth
(Amended 61 of 1997 s. 27)(1) If any registered midwife contracts any scheduled infectious disease within the meaning of the Prevention and Control of Disease Ordinance (Cap. 599), which, in the opinion of the Council, is likely to endanger the health of any woman attended by the midwife in the course of the midwife’s practice, the Council may prohibit such registered midwife from attending women in childbirth in any capacity during the continuance of such disease. (Amended 61 of 1997 ss. 19 & 27; 14 of 2008 s. 18)
(2) Any contravention of a prohibition imposed under this section shall constitute a ground for disciplinary proceedings under section 10.

20. Power of Council to prohibit disqualified midwives, etc. from attending women in childbirth
(Amended 61 of 1997 s. 27)(1) Where the Council orders that the name of a person be removed from the register under section 10 or refuses to enter the name of a person who applies for registration upon the register under section 8, the Council may prohibit the person from attending in any capacity women in childbirth. (Amended 67 of 1985 s. 16; 61 of 1997 ss. 20 & 27) 
(2) A person who contravenes a prohibition imposed under this section commits an offence and is liable on summary conviction to a fine at level 5 and to imprisonment for 2 years, unless it is proved that the person acted in an emergency. (Replaced 61 of 1997 s. 20)

21. Prohibition of employment by registered midwives of unregistered substitutes
A registered midwife who employs as a substitute a person who, to the knowledge of the midwife, is not a registered midwife commits an offence and is liable on summary conviction to a fine at level 5 and to imprisonment for 2 years.
(Replaced 61 of 1997 s. 21)