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

54. Establishment of Board
(Not yet in operation)(1) A board is established with the name “Electronic Health Record Research Board” in English and “電子健康紀錄研究委員會” in Chinese.
(2) The Board is to consist of the following members—
(a) the Permanent Secretary for Health, as ex officio member and chairman; (Amended L.N. 144 of 2022)
(b) the Commissioner, or a person nominated by the Commissioner as representative, as ex officio member; and
(c) not more than 10 other members appointed by the Secretary.
(3) A person may be appointed as a non-ex officio member only if the person is, in the Secretary’s opinion, a person—
(a) having expertise or experience in healthcare, privacy protection, statistics, research, law or information technology;
(b) representing the interests of healthcare recipients; or
(c) having other experience that would render the person suitable for the appointment.
(4) A non-ex officio member may hold office for a term of not exceeding 5 years and on the terms specified in his or her letter of appointment by the Secretary.
(5) A non-ex officio member is eligible for reappointment on the expiry of a term.
(6) A non-ex officio member may resign from the Board by notice in writing to the Secretary.
(7) The Secretary may terminate the office of a non-ex officio member if satisfied that—
(a) the member has ceased to be of the capacity because of which he or she was appointed; or
(b) the member is otherwise unable or unfit to perform the functions of a member of the Board.
(8) Every appointment or termination under this section is to be notified in the Gazette.
(9) Except as provided in this Ordinance, the Board may regulate its procedure and may make standing orders for that purpose.
(10) In this section—
non-ex officio member (非當然委員) means a member of the Board appointed under subsection (2)(c).

55. Function of Board
(Not yet in operation)The function of the Board is to make recommendations to the Secretary—
(a) for deciding whether to approve or refuse an application made under section 32(1); and
(b) for imposing conditions on approving an application made under that section.

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

56. Right of appeal—against decisions of Commissioner
(1) A person who is aggrieved by any of the Commissioner’s decisions set out in subsection (2) may appeal to the Administrative Appeals Board.
(2) The decisions are—
(a) to refuse to register a healthcare recipient under section 8(1);
(b) to suspend the registration of a healthcare recipient under section 10(1);
(c) to cancel the registration of a healthcare recipient under section 11(1);
(d) to refuse to register a healthcare provider as a healthcare provider for the System under section 20(1);
(e) to suspend a registration of a registered healthcare provider under section 24(1); and
(f) to cancel a registration of a registered healthcare provider under section 25(1).
(3) An appeal may only be made within 28 days after the aggrieved person receiving notice of the decision.
(4) An appeal does not suspend the decision unless the Commissioner decides otherwise.

57. Access to card face data of healthcare recipient
(1) This section applies if the Commissioner or a prescribed healthcare provider gains access to the card face data of the identity card of a healthcare recipient by using facilities provided by or with the approval of the Government.
(2) The Commissioner or the prescribed healthcare provider is to be regarded as having lawful authority to gain access to the card face data of the identity card of the healthcare recipient for the purposes of regulation 12(1A) of the Registration of Persons Regulations (Cap. 177 sub. leg. A).
(3) In this section—
card face data (證面數據) means the data specified in paragraph 1(a), (c), (d) and (e) of Schedule 1 to the Registration of Persons Regulations (Cap. 177 sub. leg. A) that are stored in the chip embodied in an identity card.

58. Limitation of public liability
The Government or a public officer does not incur any civil liability only because—
(a) data or information contained in an electronic health record is used in accordance with this Ordinance; 
(b) the participation of a healthcare recipient or healthcare provider in the System is subject to the approval by a public officer; or
#(c) 

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

59. Protection of public officers etc.
(1) A person to whom this section applies is not civilly liable for an act done or omitted to be done by the person in good faith—
(a) in performing a function or purportedly performing a function under this Ordinance; or
(b) in exercising a power or purportedly exercising a power under this Ordinance.
(2) Subsection (1) does not affect the liability of the Government for the act or omission.
(3) This section applies to—
(a) a public officer; and
(b) an employee of the Hospital Authority, or an employee of a body corporate established by the Hospital Authority under section 5(n) of the Hospital Authority Ordinance (Cap. 113), appointed by the Commissioner under section 49(3).

60. Service of notice etc.
A notice or document required to be given or sent under this Ordinance is, in the absence of evidence to the contrary, given or sent if—
(a) for an individual—
(i) it is addressed to and delivered personally to the individual;
(ii) it is sent to the individual by post addressed to the individual at the individual’s last known address;
(iii) it is sent to the individual by an electronic mail transmission addressed to the individual at the individual’s last known electronic mail address; or
(iv) it is sent to the individual by a text message addressed to the individual at the individual’s last known telephone number;
(b) for a company—
(i) it is addressed to the company and delivered to an officer of the company by hand;
(ii) it is addressed to the company and left at or sent by post to the registered office of the company; or
(iii) it is sent to the company by post addressed to the company at the company’s last known address;
(c) for a partnership—
(i) it is addressed to the partnership and delivered to a place in Hong Kong at which the partnership carries on business, and given to a person apparently concerned in the management of, or apparently employed by, the partnership by hand; or
(ii) it is sent to the partnership by post addressed to the partnership at the partnership’s last known address; or
(d) for a statutory body, a body corporate other than a company, or an unincorporated body of persons other than a partnership—
(i) it is addressed to the body and delivered to a place in Hong Kong at which the body carries on business, and given to a person apparently concerned in the management of, or apparently employed by, the body by hand; or
(ii) it is sent to the body by post addressed to the body at the body’s last known address.

61. Amendment of Schedule
The Secretary may by notice published in the Gazette amend the Schedule.