### Electronic Health Record Sharing System Ordinance 《電子健康紀錄互通系統條例》

11. Cancellation of healthcare recipient’s registration
(1) The Commissioner may cancel the registration of a healthcare recipient if the Commissioner is satisfied that—
(a) the application for registration did not comply with section 6(6);
(b) the healthcare recipient holds none of the documents specified in section 6(7);
(c) the healthcare recipient contravenes—
(i) a provision of this Ordinance; or
(ii) a condition for the registration;
(d) the registration may impair the security or compromise the integrity of the System; or
(e) the healthcare recipient has died.
(2) Except for a cancellation under subsection (1)(e), the Commissioner must notify the specified person in writing of—
(a) the date on which the cancellation is to take effect; and
(b) the reasons for the cancellation.
(3) The specified person may, within 14 days after the date of the notice (or such longer period as the Commissioner may allow), make representations to the Commissioner to object to the cancellation in the manner specified in the notice.
(4) The Commissioner must not cancel the registration unless—
(a) the specified person has not made any representations under subsection (3); or
(b) the Commissioner has considered the representations and informed the specified person of the decision of cancellation.
(5) A cancellation under subsection (1)(e) takes effect on the date on which the Commissioner is satisfied that the healthcare recipient has died.
(6) In this section—
specified person (指明人士) means—(a) if the healthcare recipient is a minor and the application for the healthcare recipient’s registration was made by a substitute decision maker, that substitute decision maker;
(b) if the healthcare recipient is aged 16 or above and is, in the Commissioner’s opinion, incapable of giving a joining consent and the application for the healthcare recipient’s registration was made by a substitute decision maker, that substitute decision maker; or
(c) in any other case—
(i) the healthcare recipient; or
(ii) the substitute decision maker of the healthcare recipient who made the application for the healthcare recipient’s registration.

### Electronic Health Record Sharing System Ordinance 《電子健康紀錄互通系統條例》

12. Giving of sharing consent
(1) Subject to subsections (2) and (3), a registered healthcare recipient, or a substitute decision maker of a registered healthcare recipient, may give a consent specified in subsection (6) to a prescribed healthcare provider that provides healthcare to the healthcare recipient.
(2) If the healthcare recipient is a minor, the sharing consent must be given by a substitute decision maker of the healthcare recipient unless the Commissioner is satisfied that the recipient is capable of giving the sharing consent.
(3) If the healthcare recipient is aged 16 or above and is incapable of giving a sharing consent, the sharing consent must be given by a substitute decision maker of the healthcare recipient.
(4) A sharing consent given by a substitute decision maker of a registered healthcare recipient is given on behalf of and in the name of the recipient.
(5) In giving a sharing consent, a substitute decision maker of a registered healthcare recipient must have regard to the best interests of the recipient in the circumstances.
(6) The consent is for—
(a) the prescribed healthcare provider—
(i) to provide to the System any sharable data of the healthcare recipient in the form and manner specified by the Commissioner;
(ii) to obtain from the System any sharable data of the healthcare recipient in the form and manner specified by the Commissioner; and
(iii) to provide to a referral healthcare provider any sharable data of the healthcare recipient relevant to the healthcare referral and in the form and manner specified by the Commissioner; and
(b) a referral healthcare provider—
(i) to provide to the System any sharable data of the healthcare recipient relevant to the healthcare referral and in the form and manner specified by the Commissioner; and
(ii) to obtain from the System any sharable data of the healthcare recipient relevant to the healthcare referral and in the form and manner specified by the Commissioner.
(7) A sharing consent must be given in the form and manner specified by the Commissioner.
(8) A sharing consent may be given for an indefinite term or a one-year term.
(9) In this section—
referral healthcare provider (獲轉介醫護提供者) means a prescribed healthcare provider to which a healthcare referral of the healthcare recipient is made by the prescribed healthcare provider to which the consent is given.

13. Indefinite sharing consent
(1) This section applies to a sharing consent given for an indefinite term.
(2) The sharing consent is in effect until—
(a) the healthcare recipient’s registration is withdrawn from the System by the operation of section 9;
(b) the healthcare recipient’s registration is cancelled under section 11(1); or
(c) the consent is revoked under section 15(1).

### Electronic Health Record Sharing System Ordinance 《電子健康紀錄互通系統條例》

14. One-year sharing consent
(1) This section applies to a sharing consent given for a one-year term.
(2) Subject to subsections (3) and (4), as long as the sharing consent is in effect, the registered healthcare recipient, or a substitute decision maker of the healthcare recipient, may renew the sharing consent for another one-year term.
(3) If the healthcare recipient is a minor, the sharing consent must be renewed by a substitute decision maker of the healthcare recipient unless the Commissioner is satisfied that the recipient is capable of renewing the sharing consent.
(4) If the healthcare recipient is aged 16 or above and is incapable of giving a sharing consent, the sharing consent must be renewed by a substitute decision maker of the healthcare recipient.
(5) A sharing consent renewed by a substitute decision maker of a registered healthcare recipient is renewed on behalf of and in the name of the recipient.
(6) In renewing a sharing consent, a substitute decision maker of a registered healthcare recipient must have regard to the best interests of the recipient in the circumstances.
(7) If a sharing consent is renewed for a one-year term under subsection (2), that term is to commence on the date of the renewal.
(8) The sharing consent is in effect during its term until—
(a) the healthcare recipient’s registration is withdrawn from the System by the operation of section 9;
(b) the healthcare recipient’s registration is cancelled under section 11(1); or
(c) the consent is revoked under section 15(1).

15. Revocation of sharing consent
(1) Subject to subsections (2) and (3), a registered healthcare recipient, or a substitute decision maker of a registered healthcare recipient, may revoke a sharing consent given to a prescribed healthcare provider.
(2) If the healthcare recipient is a minor, the revocation must be made by a substitute decision maker of the healthcare recipient unless the Commissioner is satisfied that the recipient is capable of making the revocation.
(3) If the healthcare recipient is aged 16 or above and is incapable of giving a sharing consent, the revocation must be made by a substitute decision maker of the healthcare recipient.
(4) A revocation made by a substitute decision maker of a registered healthcare recipient is made on behalf of and in the name of the recipient.
(5) In making a revocation, a substitute decision maker of a registered healthcare recipient must have regard to the best interests of the recipient in the circumstances.
(6) A revocation must be made in the form and manner specified by the Commissioner.
(7) After the revocation is recorded in the System, the Commissioner must notify the person making the revocation in writing of the date on which the record is made. The revocation takes effect on that date.