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

6. Application by healthcare recipients for registration
(1) Subject to subsections (2) and (3), a healthcare recipient to which this section applies, or a substitute decision maker of a healthcare recipient, may apply to the Commissioner for the healthcare recipient to be registered as a registered healthcare recipient.
(2) If the healthcare recipient is a minor, the application must be made by a substitute decision maker of the healthcare recipient unless the Commissioner is satisfied that the recipient is capable of giving a joining consent.
(3) If the healthcare recipient is aged 16 or above and is incapable of giving a joining consent, the application must be made by a substitute decision maker of the healthcare recipient.
(4) An application made by a substitute decision maker of a healthcare recipient is made on behalf of and in the name of the recipient.
(5) In making an application, a substitute decision maker of a healthcare recipient must have regard to the best interests of the recipient in the circumstances.
(6) An application—
(a) must be made in the form and manner specified by the Commissioner;
(b) must be accompanied by the information specified by the Commissioner; and
(c) must be accompanied by a joining consent.
(7) This section applies to a healthcare recipient—
(a) who holds an identity card; or
(b) who does not hold an identity card but holds—
(i) a certificate of registration of birth issued under the Births and Deaths Registration Ordinance (Cap. 174);
(ii) a proof of identity as defined by section 17B(1) (other than an identity card) of the Immigration Ordinance (Cap. 115);
(iii) a certificate of exemption as defined by section 17G(1) of the Immigration Ordinance (Cap. 115); or
(iv) any other identification document specified by the Commissioner.

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

7. Giving of joining consent
(1) For an application made by a healthcare recipient under section 6(1), the recipient must give a consent specified in subsection (3).
(2) For an application made by a substitute decision maker of a healthcare recipient under section 6(1), the substitute decision maker must give a consent specified in subsection (3) on behalf of and in the name of the recipient.
(3) The consent is for the Commissioner—
(a) to obtain from, and to provide to, a prescribed healthcare provider to which the healthcare recipient has given a sharing consent any sharable data of the recipient; and
(b) if the prescribed healthcare provider has made a healthcare referral to another prescribed healthcare provider, to obtain from, and to provide to, that other prescribed healthcare provider any sharable data of the recipient relevant to the healthcare referral,
for the operation of the System after the registration of the recipient.
(4) A joining consent must be given in the form and manner specified by the Commissioner.
(5) A joining consent is revoked if—
(a) the healthcare recipient’s registration is withdrawn from the System by the operation of section 9; or
(b) the healthcare recipient’s registration is cancelled under section 11(1).

8. Registration of healthcare recipients by Commissioner
(1) On receiving an application made under section 6(1), the Commissioner, if satisfied that, on the face of it, the application complies with section 6(6), may—
(a) register the healthcare recipient as a registered healthcare recipient; and
(b) impose the conditions that the Commissioner considers appropriate for registering the healthcare recipient.
(2) However, the Commissioner must not register the healthcare recipient if the Commissioner is satisfied that doing so may impair the security or compromise the integrity of the System.
(3) After approving or refusing an application, the Commissioner must notify the healthcare recipient in writing of the decision and—
(a) if the application is approved—the date on which the registration takes effect and the conditions for the registration; or
(b) if the application is refused—the reasons for the refusal.

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

9. Withdrawal of healthcare recipient’s registration
(1) Subject to subsections (2) and (3), a registered healthcare recipient, or a substitute decision maker of a registered healthcare recipient, may request that the registration of the recipient be withdrawn from the System.
(2) If the healthcare recipient is a minor, the request 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 request.
(3) If the healthcare recipient is aged 16 or above and is incapable of giving a joining consent, the request must be made by a substitute decision maker of the healthcare recipient.
(4) A request 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 request, a substitute decision maker of a registered healthcare recipient must have regard to the best interests of the recipient in the circumstances.
(6) A request must be made to the Commissioner in the form and manner specified by the Commissioner.
(7) After granting a request, the Commissioner must notify the requestor in writing of the date on which the request is granted. The withdrawal takes effect on that date.

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

10. Suspension of healthcare recipient’s registration
(1) The Commissioner may suspend the registration of a healthcare recipient for a period of not more than 28 days if the Commissioner reasonably suspects 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; or
(d) the registration may impair the security or compromise the integrity of the System.
(2) Despite subsection (1), if the Commissioner considers it appropriate, the Commissioner may extend the period of suspension under that subsection for a further period of not more than 28 days by notice in writing to the specified person.
(3) After suspending the registration, the Commissioner must notify the specified person in writing of—
(a) the suspension;
(b) the date on which the suspension takes effect; and
(c) the reasons for the suspension.
(4) When the registration of a healthcare recipient is suspended—
(a) new data or information of the recipient may still be provided by a prescribed healthcare provider to the System; but
(b) the electronic health record of the recipient is not to be made available to a prescribed healthcare provider through the System.
(5) After the Commissioner is satisfied that there are no longer any grounds for suspending the healthcare recipient’s registration, the Commissioner must notify the specified person in writing of—
(a) the Commissioner’s decision; and
(b) the date on which the suspension ceases to take effect.
(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.