Cap. 419 《香港醫學專科學院條例》Hong Kong Academy of Medicine Ordinance

生效中

版本日期: 2021-09-16

附屬法例 (2)

An Ordinance to provide for the establishment and functions of the Hong Kong Academy of Medicine as a body corporate and matters incidental thereto.

[1 August 1992] L.N. 268 of 1992

(Format changes—E.R. 4 of 2021)

(Enacting provision omitted—E.R. 2 of 2014)

Part I — General

1. Short title

(Amended E.R. 4 of 2021)

(1)

This Ordinance may be cited as the Hong Kong Academy of Medicine Ordinance.

(2)-(3)

(Omitted as spent—E.R. 2 of 2014)

2. Interpretation

In this Ordinance, unless the context otherwise requires—

Academy (專科學院) means the Hong Kong Academy of Medicine established under section 3; Academy College (分科學院) means any Academy College recognized under section 6(1) or (3); bylaw (附例) means any bylaw made, and where applicable approved, under section 13; college (學會) means any association of persons—(a)engaged in the study or practice of a particular specialty of medicine; and(b)which is a society to which the Societies Ordinance (Cap. 151) applies or which is a company within the meaning of the Companies Ordinance (Cap. 622); and (Amended 28 of 2012 ss. 912 & 920)(c)which is neither a group of members referred to in section 6(2) nor a Faculty referred to in section 6(3)(b); Council (院務委員會) means the Council of the Hong Kong Academy of Medicine established under section 9(1) and constituted pursuant to section 9(2) or 10(1); Education Committee (敎育委員會) means the Education Committee established under section 11; election (選舉) means an election held under section 9(10) for the purpose of electing members of the Council required to be elected under section 9(2)(a) and (b); Faculty (學部) means a Faculty recognized under section 6(2); Fellow (院士) means a member of the Academy admitted as a Fellow under section 3(3)(a)(i); interim period (過渡期間) means the period specified in section 10(2) as the period during which the Council is required to be constituted as described in section 10(1); medicine (醫學) includes all branches of surgery, obstetrics, gynaecology and dentistry; member of an Academy College (分科學院成員) means any person who is a member of an Academy College under the constitution, rules or the documents of incorporation, as the case may be, of that Academy College.

3. Establishment and membership of Academy

(1)

There is established a body corporate to be known as the “Hong Kong Academy of Medicine” which may sue and be sued. (Amended E.R. 4 of 2021)

(2)

The members of the Academy shall be the persons admitted as such under this section.

(3)

Any—

(a)

member of an Academy College who is recommended by that Academy College for admission to the membership of the Academy, may, in accordance with subsection (4)(a) and subject to subsection (5), be admitted to such membership—

(i)

as a Fellow—

(A)

if he has successfully completed such courses or periods of training and passed such examinations held, conducted or recognized by such Academy College as are specified in the bylaws in relation to the admission of Fellows; or

(B)

if he had specialised and practised in a branch of medicine for 25 years or more as at the commencement* of this Ordinance, and in the opinion of the Council, the conduct of his practice was consistently good throughout such years; (Replaced 80 of 1997 s. 98)

(ii)

as a Member if he has successfully completed such courses or periods of training and passed such examinations held, conducted or recognized by such Academy College as are specified in the bylaws in relation to the admission of Members;

(iii)

as an Associate if he is engaged in postgraduate medical education or in any study or other activity which is in the nature of continuing medical education or if the Academy is satisfied that he is interested in such study or activity; and

(iv)

as a member of such other status or standing in the Academy as is specified in the bylaws, if he is qualified under the bylaws for such admission;

(b)

person of eminence or any person who has rendered outstanding service to the art or science of medicine or to the Academy, may, in accordance with subsection (4)(b), be admitted to the membership of the Academy as an Honorary Fellow.

(4)

Any admission to membership under—

(a)

subsection (3)(a)—

(i)

shall, during the interim period only, be made by the Council, which may during that period, exercise in relation to such admission, any power conferred on the Academy under this section; and

(ii)

shall, after the expiration of the interim period, be made by the Academy, provided the proposed admission has been approved by the Council; and

(b)

subsection (3)(b) shall be made by the Council.

(5)

A person shall not be admitted as a member of the Academy under subsection (3)(a) unless he—

(a)

is a registered medical practitioner within the meaning of section 2 of the Medical Registration Ordinance (Cap. 161) or a registered dentist within the meaning of the Dentists Registration Ordinance (Cap. 156); or

(b)

has the qualifications required for such registration or such other qualifications as the Academy considers equivalent to them.

Editorial Note: Commencement date: 1 August 1992.

Part II — Objects and Powers of the Academy

4. Objects of Academy

The objects of the Academy shall be—

(a)

to promote the advancement of the art and science of medicine;

(b)

to foster the development of—

(i)

postgraduate medical education and continuing medical education;

(ii)

the study and practice of medicine and its specialties; and

(iii)

medical research;

(c)

to promote—

(i)

the integrity of the medical profession;

(ii)

ethical conduct in the practice of medicine and its specialties; and

(iii)

the improvement of the standards of such practice through training programmes approved by the Academy;

(d)

to promote the improvement of health care for Hong Kong citizens;

(e)

to foster a spirit of co-operation among medical practitioners; and

(f)

to facilitate the exchange of information and ideas in relation to all aspects of the art and science of medicine and matters connected with the medical profession.

5. Academy may grant awards etc.

The Academy may—

(a)

in relation to the study and practice of medicine and its specialties—

(i)

grant or confer and revoke academic awards and distinctions, specialist designations and certifications of the Academy; and

(ii)

make recommendations to the Medical Council of Hong Kong regarding the recognition of specialist designations conferred by the Academy;

(b)

determine the qualifications and experience to be acquired, training to be undergone or research requirements to be undertaken or fulfilled for the grant or conferment of awards, distinctions, specialist designations or certifications granted or conferred by the Academy;

(c)

in relation to any such grant or conferment by it or admission to its membership—

(i)

assess, evaluate or examine; and

(ii)

where it considers appropriate, approve or recognize,

the standards of postgraduate medical education, programmes or courses of study or examinations, provided by any Academy College or any other institution outside Hong Kong and withdraw any such approval or recognition;

(d)

produce, develop, provide or make arrangements for the provision of—

(i)

postgraduate medical education; or

(ii)

any programme or course of study in medicine; or

(iii)

continuing medical education,

either on its own or in conjunction with any other person;

(e)

conduct or make arrangements for conducting, on its own or in conjunction with any other person, examinations relating to any matter specified in paragraph (d); and

(f)

admit any person whom it considers fit to any course, programme or examination referred to in paragraph (d) or (e).

6. Recognition of Academy Colleges and Faculties

(1)

The Academy may, on an application being made in that behalf by a college, recognize that college as an Academy College as regards the specialty of that college.

(2)

The Academy may, on an application being made in that behalf by an Academy College, recognize any group of members of that Academy College, whom the Academy is satisfied is engaged in the study or practice of a particular specialty of medicine, as a Faculty of that Academy College as regards that particular specialty.

(3)

The Academy may recognize any Faculty as an Academy College as regards the specialty of that Faculty—

(a)

on an application being made in that behalf by the Academy College of which it is a Faculty; and

(b)

where the Faculty is an association of persons which is a society to which the Societies Ordinance (Cap. 151) applies or a company within the meaning of the Companies Ordinance (Cap. 622). (Amended 28 of 2012 ss. 912 & 920)

(4)

Where any Faculty is recognized as an Academy College under subsection (3), the recognition of it as a Faculty under subsection (2) shall cease to have effect.

(5)

The Academy may withdraw any recognition under—

(a)

subsection (1) or (3) after giving the Academy College concerned notice, of not less than 30 days beginning from the date of such notice, of its intention to do so and affording it an opportunity to make representations to the Academy; and

(b)

subsection (2) after giving the Faculty concerned notice, of not less than 30 days beginning from the date of such notice, of its intention to do so, through the Academy College of which it is a Faculty, and affording it an opportunity to make representations to the Academy through that Academy College.

(6)

The powers of the Academy under this section shall, during the interim period but not otherwise, be exercised by the Council and any application or representations referred to in this section shall, during that period, be made to the Council.

(7)

Subject to this section, any recognition or withdrawal of recognition under this section shall be in accordance with the relevant bylaws.

(8)

The name of any Academy College or Faculty, recognized for the time being, shall be included in a Schedule to this Ordinance.

(9)

The Chief Executive may, for the purposes of subsection (8), by order published in the Gazette— (Amended 60 of 2000 s. 3)

(a)

amend this Ordinance by the addition of a Schedule thereto; and

(b)

amend any such Schedule.

7. Ancillary powers

The Academy may—

(a)

hold or assist in seminars, conferences, lectures, or any other form of promotional or instructional activity;

(b)

print or publish material and distribute, lend or sell such material;

(c)

provide or maintain any facility or amenity as it may consider appropriate and enable such persons as it may determine to use them;

(d)

provide advisory, consultancy, research and other related services;

(e)

determine and charge fees in respect of any matter specified in, or any service, facility or amenity provided by it under, this Ordinance and specify conditions (if any) for the use or provision thereof;

(f)

generally or in any particular case or class of case reduce, waive or refund any such fee;

(g)

appoint such employees, advisers or consultants as it may determine on such terms and conditions as it thinks fit including the payment of allowances, benefits and remuneration;

(h)

acquire, take on lease, purchase, hold and enjoy property of any description and sell, let or otherwise dispose of or deal with such property;

(i)

acquire, hold and dispose of interests in other bodies corporate and form or take part in forming bodies corporate;

(j)

enter into a partnership or any other form of joint venture with any person;

(k)

accept gifts or donations, whether subject to any trust or not;

(l)

undertake or execute any trust which may be necessary or useful for the performance of any of its functions;

(m)

invest its funds in such manner and to such extent as it thinks appropriate or expedient;

(n)

apply for and receive any grant in aid on such terms as it thinks appropriate or expedient;

(o)

borrow money in such manner and on such security or terms as it thinks fit;

(p)

provide financial assistance by way of grant or loan in connection with the achievement of its objects; or

(q)

do anything else which is conducive or incidental to the achievement of its objects.

8. Exercise of powers by the Academy

(1)

Subject to subsection (2) and any requirements as to a quorum specified in regulations made under section 12, any power conferred on the Academy under section 3, 5, 6 or 7 may be exercised either—

(a)

by a resolution passed at a meeting of the Academy and as regards which only Fellows shall be entitled to vote; or

(b)

by a decision determined by a postal ballot in which only Fellows shall be entitled to participate,

as the Academy decides.

(2)

The Council may direct whether a power referred to in subsection (1) is to be exercised by the Academy in accordance with subsection (1)(a) or (b) and a direction under this subsection may apply to the exercise of all or any one or more of such powers and to such exercise—

(a)

generally;

(b)

in circumstances specified in the direction; or

(c)

in a particular case.

(3)

A direction under subsection (2) shall remain in force until it is withdrawn by the Council and for so long as it is in force the Academy shall comply with it.

(4)

A Fellow shall not be allowed to vote or otherwise act by proxy as regards the consideration or determination of a question or other matter relating to the exercise of a power of the Academy as described in subsection (1)(a) or (b).

Part III — The Council of the Academy

9. Council of the Academy

(1)

There shall be a body to be known as the “Council of the Hong Kong Academy of Medicine”. (Amended E.R. 4 of 2021)

(2)

Subject to section 10, the Council shall consist of the following members—

(a)

6 members elected to hold the offices described in subsection (5);

(b)

in addition to the members referred to in paragraph (a), such number of members (if any), elected pursuant to subsection (3);

(c)

as ex officio members, the President of each Academy College;

(d)

the immediate past President of the Council who shall hold office for a period of 1 year from the date he ceases to be President; and

(e)

not more than 2 persons co-opted by the Council, each of whom shall be a member of any association or other body of persons which the Council, at the time of such co-option, considers is suitable for possible recognition as an Academy College.

(3)

Where the number of ex officio members referred to in subsection (2)(c) exceeds 2, there shall be elected to the Council 1 member for every multiple of 3 of such ex officio members.

(4)

Where the number of ex officio members referred to in subsection (2)(c) exceeds 3 but is not a multiple of 3, that number shall for the purposes of subsection (3) be regarded as being the nearest lower number which is a multiple of 3.

(5)

The offices referred to in subsection (2)(a) and section 10(1)(a) are—

(a)

the President of the Academy;

(b)

the Vice-President (General Affairs) of the Academy;

(c)

the Vice-President (Education and Examinations) of the Academy;

(d)

the Honorary Secretary of the Academy;

(e)

the Honorary Treasurer of the Academy; and

(f)

the Editor of the Academy.

(6)

The Council shall manage the affairs of the Academy and, except where otherwise provided in relation to the powers of the Academy under sections 3, 6 and 12, may, on the Academy’s behalf, exercise any power conferred or perform any duty imposed on the Academy under this Ordinance.

(7)

The quorum for any meeting of the Council shall be a majority of its members for the time being present in Hong Kong.

(8)

At any meeting of the Council—

(a)

the President of the Academy referred to in subsection (5)(a) shall preside;

(b)

if such President is absent from Hong Kong or for any other reason unable to preside at any meeting, the Vice-President (General Affairs) referred to in subsection (5)(b) shall preside and if he is absent from Hong Kong or unable to preside for any other reason the Vice-President (Education and Examinations) referred to in subsection (5)(c) shall preside; and

(c)

if all the officers referred to in paragraphs (a) and (b) are absent from Hong Kong or unable to preside for any other reason the members present at a meeting shall elect one of their number to preside.

(8A)

A member referred to in subsection (2)(c) may appoint a representative to attend and vote at any meeting of the Council on his behalf. (Added 68 of 1995 s. 42)

(9)

Subject to subsections (6), (7), (8) and (8A) the Council may regulate its own business and procedure. (Amended 68 of 1995 s. 42)

(10)

The Council shall cause elections to be held for the purposes of subsection (2)(a) and (b) in accordance with regulations made under section 12.

10. The Council during the interim period

(1)

During the period specified in subsection (2), the Council shall consist of—

(a)

6 persons each of whom shall be appointed by the Governor to hold in the Academy an office described in section 9(5); and

(b)

the person holding the title of President, of every designated college within the meaning of subsection (4).

(2)

The period referred to in subsection (1) is—

(a)

the period of 18 months beginning on the first date appointed under section 1 or any extension of such period under subsection (5); or

(b)

the period beginning on the first date appointed under section 1 and ending on the day immediately preceding the day on which the first general meeting of the Academy is held,

whichever is shorter.

(3)

At the expiration of the interim period—

(a)

the persons who are members pursuant to subsection (1)(a) or (b) shall cease to hold office without prejudice to being elected pursuant to section 9(10) or becoming an ex officio member under section 9(2)(c); and

(b)

any designation under subsection (4) shall expire.

(4)

The Governor may, at any time during the interim period, by notice published in the Gazette, designate any association of persons which is a society to which the Societies Ordinance (Cap. 151) applies or is a company within the meaning of the Companies Ordinance (Cap. 622) and which is concerned with the study or practice of any specialty of medicine as a “designated college”. (Amended 28 of 2012 ss. 912 & 920)

(5)

The Governor may extend the period of 18 months referred to in subsection (2)(a) by notice published in the Gazette.

(6)

Where a vacancy occurs among the members appointed under subsection (1)(a), the Governor may appoint another person to take his place.

(7)

The persons elected at the first election held pursuant to section 9(10) shall assume office immediately on the expiration of the interim period.

11. Education Committee

(1)

There shall be a Committee of the Council to be known as the “Education Committee”. (Amended E.R. 4 of 2021)

(2)

The Education Committee shall be constituted as specified in any regulation made under section 12(1)(n) and carry out such functions as may be specified in such regulation.

(3)

The Council may give directions to the Education Committee generally or in a particular case in respect of the performance of its functions and the Education Committee shall comply with any such direction.

Part IV — Miscellaneous

12. Regulations

(1)

The Academy may, subject to subsections (2), (3), (4) and (5), by regulation—

(a)

provide for the authentication of the seal of the Academy;

(b)

require the holding of annual general meetings within such periods as specified in the regulations;

(c)

enable the holding of other general meetings including extraordinary general meetings in circumstances specified in the regulations;

(d)

provide for a quorum and procedures (including adjournments) to be followed in the absence of a quorum;

(e)

provide for the transaction of business by the Academy, including the manner in which general meetings of the Academy are to be convened and conducted;

(f)

specify who is to preside at general meetings of the Academy;

(g)

require an Academy College—

(i)

to develop, maintain and implement programmes relating to medicine and its specialties specified in the regulations;

(ii)

for the purposes specified in subparagraph (i), to establish committees or boards as specified in the regulations;

(iii)

to keep the Council informed in such manner as specified in the regulations of any amendments to its constitution, rules or documents of incorporation or of its decisions on general policy and to submit a report of its activities to the Council in the manner specified in the regulations; and

(iv)

to provide, with the approval of the Academy, for reviews in cases in which a recommendation for the purposes of section 3(3)(a) has been refused;

(h)

prohibit an Academy College from establishing or including as part thereof any other association or body of persons without the approval of the Academy;

(i)

require the Council to hold elections for the purpose of electing the members required to be elected under section 9(2)(a) and (b) and to hold the first such election within a period specified in the regulations;

(j)

prohibit voting by proxy and provide for the eligibility of members of the Academy to vote at any election and to stand for election (which eligibility may be determined with reference to any category of membership referred to in section 3(3)), the manner of voting at an election, including the holding of postal ballots, and the nomination of candidates for an election;

(k)

provide for the period for which a member of the Council may hold office, resignation from the membership of the Council, filling of casual vacancies in the Council after the expiration of the interim period;

(l)

provide that a person shall not at the same time hold an office which makes him eligible for membership under section 9(2)(c), and—

(i)

an office described in section 9(5); or

(ii)

membership under section 9(2)(b);

(m)

provide for the maintenance of a register or registers, their form, entries to be made therein, amendment and inspection thereof;

(n)

provide for the constitution of the Education Committee, the period of office of its members, resignation of members, filling of casual vacancies and the functions of the Education Committee;

(o)

provide for other committees to be established by the Council and provide for the regulation by the Education Committee and such other committees of their procedure;

(p)

enable the delegation by the Council of its powers or functions to the Education Committee or any other committee with or without restrictions; and

(q)

provide for such other matters as the Academy considers expedient or necessary to give effect to the foregoing.

(2)

The making of any regulation under subsection (1) shall be proposed and determined by a postal ballot.

(3)

Any regulation under subsection (1) shall be made only if—

(a)

not less than 1/5 of the Fellows vote in such postal ballot; and

(b)

2/3 of the Fellows vote in favour of it in a postal ballot referred to in subsection (2).

(4)

During the interim period, but not otherwise, any regulation under this section shall be made by the Council and subsections (2) and (3) shall not apply in relation to any such regulation made by the Council.

(5)

Any regulation made under this section shall be subject to the approval of the Legislative Council.

(6)

The Honorary Secretary of the Academy referred to in section 9(5)(d) shall cause a copy of any regulation made and approved under this section to be sent to each member of the Academy or the Council as soon as reasonably practicable after it is approved.

13. Bylaws

(1)

The Council may, subject to subsection (3), make bylaws, not inconsistent with this Ordinance.

(2)

Without affecting the generality of subsection (1), the Council may by bylaw—

(a)

provide for the requirements, including qualifications, experience or training, for admission to various categories of membership of the Academy;

(b)

provide for the creation or specification of categories of membership referred to in section 3(3)(a)(iv) and the relevant qualifications for admission;

(c)

provide for the procedure for admission of members of the Academy;

(d)

specify the fees (if any) for membership of the Academy and the manner of payment of such fees;

(e)

provide for the resignation from membership of the Academy and termination of such membership, including the grounds therefor, the periodic review of membership and any requirement relating to continuing medical education and training;

(f)

specify particulars of academic awards and distinctions, specialist designations or certifications to be awarded by the Academy and provide for matters relating to their grant, conferment or revocation;

(g)

provide for the emblem of the Academy, the design of the seal of the Academy and the custody of the seal;

(h)

provide for the academic dress of the members of the Academy and Academy Colleges;

(i)

provide for the welfare and the conduct of the members of the Academy and its employees;

(j)

provide for powers, functions, rights and duties of the members of the Council;

(k)

provide for the recognition of and withdrawal of recognition from Academy Colleges or Faculties, including the procedure therefor and grounds for such withdrawal and guidelines applicable to Academy Colleges and Faculties; and

(l)

specify financial procedures.

(3)

Except in the case of a bylaw made during the interim period, any bylaw made under subsection (1) shall be of no force or effect until it is approved by not less than 1/2 of the Fellows in a postal ballot in which not less than 1/5 of such Fellows have voted.

(4)

The Honorary Secretary of the Academy referred to in section 9(5)(d) shall cause a copy of any bylaw made, and where applicable, approved under this section, to be sent to each member of the Academy or the Council as soon as reasonably practicable after it is made.

(5)

Section 34 of the Interpretation and General Clauses Ordinance (Cap. 1) shall not apply as regards any bylaw made under this section.

14. Accounts

(1)

The Council shall keep proper accounts and records of all financial transactions and shall, within 5 months of the expiry of a particular financial year, prepare in respect of that financial year, a statement of accounts which shall—

(a)

include an income and expenditure account and a balance sheet; and

(b)

be signed by the President of the Academy.

(2)

The Council shall appoint auditors who shall be entitled at any reasonable time to—

(a)

have access to all books of accounts, vouchers and other records of the Council; and

(b)

require such information and explanations as they consider necessary to discharge their functions.

(3)

The auditors shall, within 7 months of the expiry of a particular financial year, audit the accounts, prepare a report on the statement of accounts and send it to the Council.

(4)

The Council shall cause the report of the auditors in respect of a particular financial year to be presented at the annual general meeting of the Academy next following the receipt by it of such report.

(5)

The Council—

(a)

shall, subject to paragraph (b), determine the period of 12 months which is to be the financial year of the Academy; and

(b)

may determine a period of—

(i)

12 months;

(ii)

more than 12 months; or

(iii)

less than 12 months,

as its first financial year.

(6) In this section financial year (財政年度) means the period determined under subsection (5)(a) or (b) as may be applicable.

15. Unlawful use of Academy name

(1)

Subject to subsection (2), no person shall incorporate, form, be a director, office bearer or organizer of or work in connection with, or be a member of any body of persons, corporate or unincorporate, which without the written consent of the Academy—

(a)

holds itself out to be—

(i)

the Academy or any part thereof; or

(ii)

in any way connected or associated with the Academy; or

(b)

uses the title “Hong Kong Academy of Medicine” or “香港醫學專科學院” or a title in any language which so closely resembles both or either of those titles that it is or they are capable of misleading any person into believing the body of persons is—

(i)

the Academy or any part thereof; or

(ii)

in any way connected or associated with the Academy.

(2)

Subsection (1) shall not apply to or in relation to any Academy College or Faculty.

(3)

Any person who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 5. (Amended E.R. 4 of 2021)

16.

(Omitted as spent—E.R. 4 of 2021)

Schedule

[s. 6]

Academy Colleges

1.	Hong Kong College of Anaesthesiologists
2.	Hong Kong College of Community Medicine
3.	College of Dental Surgeons of Hong Kong
4.	Hong Kong College of Family Physicians (Replaced L.N. 215 of 1999)
5.	Hong Kong College of Obstetricians and Gynaecologists
6.	Hong Kong College of Orthopaedic Surgeons
7.	Hong Kong College of Paediatricians
8.	Hong Kong College of Pathologists
9.	Hong Kong College of Physicians
10.	Hong Kong College of Psychiatrists
11.	Hong Kong College of Radiologists
12.	College of Surgeons of Hong Kong
13.	College of Ophthalmologists of Hong Kong (Added L.N. 101 of 1996)
14.	Hong Kong College of Otorhinolaryngologists (Added L.N. 101 of 1996)
15.	Hong Kong College of Emergency Medicine (Added L.N. 133 of 1997)

Faculties

1-2.	(Repealed L.N. 101 of 1996)

(Added L.N. 70 of 1994)