### Supplementary Medical Professions Ordinance 《輔助醫療業條例》

5. Establishment and composition of boards
(1) For each profession there shall be a board consisting of not less than 9 and not more than 12 members comprising the following—
(a) a Chairman appointed by the Chief Executive from among the members of the Council, other than a member appointed under section 3(1)(d)(iv);
(b) 1 person, being a registered medical practitioner, appointed by the Chief Executive, on the nomination of the Hong Kong Medical Association;
(c) 1 person, being a registered medical practitioner, appointed by the Chief Executive on the nomination of the Hong Kong Branch of the British Medical Association;
(d) 1 person specially qualified to advise the board on professional education appointed by the Chief Executive; and
(e) not less than 5 and not more than 8 persons, being members of the relevant profession, appointed by the Chief Executive.
(2) Any member of a board may, upon the expiry of his term of office, be reappointed.
(3) Any member of a board appointed under subsection (1) or reappointed under subsection (2) may before the expiry of his term of office—
(a) resign his office by notice to the Chief Executive; or
(b) be removed from office by the Chief Executive for permanent incapacity or other sufficient cause (as to the existence of which the decision of the Chief Executive shall be final),
and upon such resignation or removal the term for which he was appointed or reappointed shall be deemed to have expired.
(4) There shall be—
(a) a secretary; and
(b) a legal adviser,
to each board who shall be appointed by the Chief Executive.
(Amended 37 of 2000 s. 3)

6. Purposes of boards
The purposes of a board appointed under section 5 shall be—
(a) to promote adequate standards of professional practice and professional conduct among members of the relevant profession; and
(b) to carry out the functions assigned to it under this Ordinance.

### Supplementary Medical Professions Ordinance 《輔助醫療業條例》

7. Meetings of the Council and boards
(1) The Council and each board shall meet at such times and places as their respective Chairmen may appoint.
(2) At any meeting of the Council or a board 6 members shall form a quorum.
(3) In the absence of the Chairman from any meeting of the Council, the Deputy Chairman shall act in his place and if the Deputy Chairman is also absent, those members present shall appoint one of their number to act as chairman. (Amended 68 of 1995 s. 2; 80 of 1997 s. 102)
(4) In the absence of the Chairman from any meeting of a board, those members present shall appoint one of their number to act in his place. (Amended 68 of 1995 s. 2; 80 of 1997 s. 102)
(5) Every item for consideration before any meeting of the Council or a board shall be determined by a majority of the votes of the members present and voting thereon and in the event of an equality of votes the Chairman or member presiding shall have a casting vote in addition to his original vote.
(6) Subject to this Ordinance, the Council and a board may regulate its own procedure.

8. Transaction of business by circulation of papers
The Council and a board may transact any of its business by the circulation of papers and a resolution in writing which is approved in writing by a majority of the members shall be as valid and effectual as if it had been passed at a meeting of the Council or a board by the votes of the members so approving the resolution.

9. Appointment of committees
(1) Subject to this section the Council and any board may appoint committees for the better discharge of its functions under this Ordinance.
(2) The number of members of any such committee and their term of office shall be fixed by the Council or the board, as the case may be.
(3) Any committee may include persons who are not members of the Council or the board.
(4) Each committee shall have as its chairman a member of the Council or of the board, and the Council or the board may make rules respecting the quorum, proceedings and place of meeting of any committee.
(5) The Council or a board may in writing delegate to a committee, with or without restrictions or conditions, any of the powers or functions of the Council or the board:
Provided that no delegation made hereunder shall preclude the Council or the board from exercising or performing at any time any of the powers or functions so delegated.

### Supplementary Medical Professions Ordinance 《輔助醫療業條例》

10. Every profession to have a separate register
(1) Each board shall cause a register for the relevant profession to be kept in the form prescribed and the secretary of the board shall be responsible for the maintenance and custody of the register.
(2) The secretary of the board shall from time to time insert in the register any alteration or addition which may come to his knowledge to the name, addresses, or qualifications of any person registered.
(3) The secretary shall make such amendments to the register as are made necessary by any decision of the board.
(4) The board may direct the removal from the register of the name of any person who—
(a) requests in writing that his name be so removed;
(b) is deceased;
(c) being a person required to be the holder of a practising certificate, has practised a profession in Hong Kong for a period exceeding 6 months without having obtained such a certificate;
(d) is not practising his profession in Hong Kong; or
(e) has not supplied the secretary of the board with an address in Hong Kong at which all notices from the board may be served on him:
Provided that any person failing to acknowledge within 6 months of the date of dispatch the receipt of a registered letter or telegram addressed to him at the last address supplied by him to the secretary shall be deemed not to have supplied the secretary with an address under this paragraph.
(5) A person whose name has been removed from a register under this section or section 22, may apply to the board for the restoration of his name to the register, and, subject to the submission by such person of a declaration stating whether or not he has been convicted in Hong Kong or elsewhere of any offence punishable with imprisonment since the date of the last declaration made by him to the like effect for the purposes of his registration or his application for a practising certificate (as the case may be), the board may subject to any conditions it considers appropriate, approve or decline the application, and, if it approves the same, the secretary of the board shall, upon payment of the prescribed fee, restore the name accordingly. (Amended 68 of 1995 s. 2; 80 of 1997 s. 96)
(6) A register may be inspected without payment of any fee, during usual business hours upon application to the secretary of the board.

### Supplementary Medical Professions Ordinance 《輔助醫療業條例》

11. Publication of register and evidence of registration
(1) As soon as may be after 1 July of every year, the secretary of each board shall prepare and publish in the Gazette, lists of the names, addresses, qualifications and dates of the qualifications of all persons whose names appear on the register maintained by the secretary, on 1 July immediately preceding the publication of such list.
(2) The publication of a list under subsection (1) shall be evidence that each person named in such list is registered.
(3) The absence of the name of a person from the list last published under subsection (1) shall be evidence that such person is not registered.
(4) A certificate under the signature of the secretary of a board stating that the name of a person is or is not at any date or was or was not at any date registered shall be admitted in evidence on its production without further proof and—
(a) until the contrary is proved it shall be presumed that the certificate was signed by that secretary; and
(b) the certificate shall be prima facie evidence of the facts stated therein. (Replaced 67 of 1985 s. 4)