Cap. 549 《中醫藥條例》Chinese Medicine Ordinance

This Ordinance may be cited as the Chinese Medicine Ordinance.

This Ordinance shall come into operation on a day to be appointed by the Secretary for Health by notice in the Gazette, and different days may be so appointed for different provisions. (Amended L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)

In this Ordinance, unless the context otherwise requires— (Amended 10 of 2005 s. 121)

For the purposes of sections 98(5)(b) and 104(4) and (5), an appeal to the Court of Appeal shall be deemed to be finally determined when the earliest of the following events occurs, whichever is applicable in the circumstances—

In subsection (2)—

Subject to subsection (3) and section 7, a member of the Council appointed under section 4(b) shall hold office for such period not exceeding 3 years as may be specified in the letter of his appointment.

A member may, upon the expiry of his term of office, be reappointed.

A member appointed under section 4(b) or reappointed under subsection (2) may, at any time before the expiry of his term of office, resign his office by giving notice in writing—

If a member of the Council appointed under section 4(b) is, because of illness or any other reasons, unable to perform his duties and exercise his powers as a member of the Council for any period, the Chief Executive may appoint another person who is suitably qualified for appointment under section 4(b), not being one whose office has been declared vacant under section 7 or who is disqualified from holding office under section 9, to be a temporary member of the Council in place of the member during that period.

While any person is acting as a temporary member of the Council, he shall be capable of performing all the duties and of executing all the powers of the member whom he is temporarily replacing.

The Council shall have—

The persons specified in subsection (1)(a) and (b) shall be appointed by the Secretary.

The functions of the Council shall be—

Without prejudice to the generality of subsection (1)(e), the Council shall co-ordinate and supervise the activities of the boards by—

Subject to sections 13 and 14, the Secretary may appoint members of the Council, and persons who are not such members, to be members of the Practitioners Board and the Medicines Board.

Unless a contrary intention appears in the context, a reference to a member of a board includes a reference to the chairman of the board.

Subject to subsections (3) and (4) and section 18, a member of the Practitioners Board appointed under section 13 and a member of the Medicines Board appointed under section 14(b), as the case may be, shall hold office for such period not exceeding 3 years as may be specified in the letter of his appointment.

A member of a board may, upon the expiry of his term of office, be reappointed.

A member of the Practitioners Board appointed under section 13 or reappointed under subsection (2) may, at any time before the expiry of his term of office, resign his office by giving notice in writing—

A member of the Medicines Board appointed under section 14(b) or reappointed under subsection (2) may, at any time before the expiry of his term of office, resign his office by giving notice in writing to the chairman.

If a member of a board is, because of illness or any other reasons, unable to perform his duties and exercise his powers as such member for any period, the Secretary may appoint another person suitably qualified for appointment to such membership to be a temporary member in place of the member during that period.

While any person is acting as a temporary member of a board, he shall be capable of performing all the duties and of executing all the powers of the member whom he is temporarily replacing.

On each board, there shall be—

The persons specified in subsection (1)(a) and (b) shall be appointed by the Secretary.

The functions of the Practitioners Board and the Medicines Board are set out in Parts I and II of Schedule 3 respectively.

The Secretary may, after consultation with the Council, by order published in the Gazette, amend Schedule 3.

The Council shall establish—

and these committees shall have the functions specified in Parts I, II, III, IV, V and VI of Schedule 4 respectively.

The Secretary may, after consultation with the Council, by order published in the Gazette, amend Schedule 4.

If during the period when the Disciplinary Committee of Chinese Medicine Practitioners or the Regulatory Committee of Chinese Medicines Traders, as the case may be, is considering any complaint or information, a member of the committee—

the member may continue to be a member of that committee for the purpose of completing the performance of his function in respect of that complaint or information.

At a meeting of the Disciplinary Committee of Chinese Medicine Practitioners or the Regulatory Committee of Chinese Medicines Traders, as the case may be, the chairman or, in his absence, the deputy chairman, shall preside.

Notwithstanding subsection (2), if both the chairman and the deputy chairman declare their interest in respect of a particular case which is to be considered at a meeting, neither of them may preside or sit at the meeting and the members present (including the chairman and the deputy chairman) shall elect another member to preside at the meeting.

The quorum of a meeting is 3, subject to 1 of whom being a lay member.

In considering a case which has been brought to the attention of—

both committees shall act in accordance with the prescribed procedure.

Where the Disciplinary Committee of Chinese Medicine Practitioners or the Regulatory Committee of Chinese Medicines Traders, as the case may be, is considering any complaint or information received in respect of a particular case and a member of the committee is subject of such complaint or information—

Subject to subsection (3), a member appointed under this Part shall hold office for such period not exceeding 3 years as may be specified in the letter of his appointment.

The member may, upon the expiry of his term of office, be reappointed.

A member appointed or reappointed under this Part may, at any time before the expiry of his term of office, resign his office by giving notice in writing—

If a member of a committee under this Part is for any reason unable to perform his duties and exercise his powers as such member for any period, the Council may appoint another person suitably qualified for appointment to be a temporary member in place of the member during that period.

While any person is acting as a temporary member after appointment to such membership under subsection (1), he shall be capable of performing all the duties and of executing all the powers of the member whom he is temporarily replacing.

Subject to subsection (2) and section 41, the Council may appoint members of the boards, and persons who are not such members, to be members of a committee.

The Council shall not appoint to any committee a person against whom an order under section 98 has at any time been made.

A member appointed to a committee may, at any time before the expiry of his term of office, resign his office by giving notice in writing to the Council.

Subject to subsection (2), the Council may appoint a person to be the chairman of a committee.

Only a member of a board is eligible to be appointed as the chairman of a committee.

Unless a contrary intention appears in the context, a reference to a member of a committee includes a reference to the chairman of the committee.

A committee may have a legal adviser who shall be a solicitor or counsel.

A legal adviser shall be appointed by the Secretary.

The Council, a board or committee shall meet at such times and such places as the Chairman or the chairmen of the respective boards or committees may appoint.

The Chairman or the chairman of a board or committee shall, on a requisition signed by not less than such number of members being a number forming the quorum of the Council, board or committee, as the case may be, summon a meeting of the Council, board or committee, as the case may be, and appoint the time and place for the meeting.

Notwithstanding subsection (1), the Council shall meet at least once every 6 months and as often as may be necessary to transact its business.

The validity of any proceedings of the Council, a board or committee shall not be affected by any defect in the appointment of any member of the Council, board or committee or by any vacancy among the members of the Council, board or committee, as the case may be.

Notwithstanding subsection (1), where there is any defect in the appointment of any member of the Council, a board or committee, it shall constitute the special circumstances referred to in sections 97 and 103 for the purposes of determining the time for appeal.

The Registrar shall cause a register, to be called the Register of Chinese Medicine Practitioners, to be kept in such form as he may determine, containing the names, addresses and qualifications and such other particulars of all persons who are registered under section 69 or 85 as the Registrar considers appropriate.

The Registrar may maintain separate parts under the Register in respect of persons registered under section 69 or 85.

The Registrar is responsible for the maintenance and custody of the Register.

The Registrar shall publish in the Gazette once every 12 months a list of the names, addresses and qualifications of all persons whose names appear in the Register in such manner as the Registrar may determine.

The publication of the list referred to in subsection (1) shall be prima facie evidence that each person named in the list is registered.

A certificate under the hand of the Registrar stating that the name of a person is at any date or was at any date registered in the Register shall be conclusive evidence in all courts of law of the facts stated in such certificate.

The Practitioners Board may order the removal from the Register the name of any person who—

The Practitioners Board may also order the removal from the Register the name of any person who fails to acknowledge within 4 months after the date of despatch the receipt of a registered letter addressed to him at his address as recorded in the Register, or the last address supplied by him to the Registrar.

For the purpose of subsection (1)(c), the Practitioners Board may make recommendations to the Council to set up a committee under section 39 to assess the fitness or otherwise of any registered Chinese medicine practitioner before an order is made pursuant to that subsection.

Where the Practitioners Board intends to order the removal from the Register the name of a Chinese medicine practitioner under section 56(1)(c) or (d) or (2), it shall serve a notice on the Chinese medicine practitioner stating the reasons for its intention to make the order and inviting him to give any written representations to the Practitioners Board.

Where an order is made under section 56(1)(c) or (d) or (2), the Registrar shall serve a copy of the order on the Chinese medicine practitioner concerned.

Any person whose name has been removed under the provisions of this Ordinance from the Register may apply to the Practitioners Board for the restoration of his name to the Register.

An application under subsection (1) shall be made in such form and accompanied by such documents and particulars as the Practitioners Board may determine.

Without prejudice to the generality of subsection (2), the Practitioners Board may request an applicant to submit a declaration as to—

In considering an application for restoration, the Practitioners Board may, in its absolute discretion and after such inquiry as may be necessary, either allow or refuse the application.

If the Practitioners Board allows an application, it—

The Practitioners Board shall set and conduct an examination, called the Chinese Medicine Practitioners Licensing Examination, the passing of which shall qualify a person under section 67(a) to apply to be registered as a registered Chinese medicine practitioner in Hong Kong.

Without prejudice to section 61, the Practitioners Board may impose such conditions as it thinks fit, being conditions which are relevant to the assessment or improvement of a person’s professional knowledge and practice in Chinese medicine and which a person must comply with before the Practitioners Board allows him to undertake the Licensing Examination.

The Practitioners Board shall determine the examination syllabus, format, standard of assessment and other related matters in respect of the Licensing Examination.

Without prejudice to the generality of subsection (1), the Practitioners Board may appoint examiners for the purposes of the Licensing Examination.

A person shall be eligible to undertake the Licensing Examination if—

Any person who seeks to undertake the Licensing Examination under subsection (1)(a) shall—

Where a Licensing Examination is conducted under section 59, the Practitioners Board shall notify the person who undertook the Examination in writing of the relevant result.

Within 14 days of the receipt of the written notification made in accordance with subsection (1), the person may request, in writing stating the reasons relied upon, the Practitioners Board to review the result of the Licensing Examination, to which the written notification relates.

Upon receipt of a request for review under subsection (2) and payment of a prescribed review fee, the Practitioners Board shall review the result and notify the person in writing of its decision within 1 month after the completion of the review.

The Practitioners Board shall conduct and complete any such review as soon as practicable.

The Practitioners Board may restrict the number of consecutive attempts which a person may make in respect of the Licensing Examination.

The Practitioners Board shall publish such number of consecutive attempts referred to in subsection (1) as it may determine by notice in the Gazette.

For the avoidance of doubt, the notice published under subsection (2) is not subsidiary legislation.

Any person who undertakes the Licensing Examination shall pay a prescribed fee before he may take the Examination.

Different fees shall be payable in respect of different parts of the Licensing Examination, where applicable.

Where the powers under sections 59(2), 61(1)(a) and 63 have been delegated to the Examination Committee pursuant to section 157, any person aggrieved by its decision made in pursuance of the powers conferred on it may request the Practitioners Board to review the decision of the Examination Committee.

A request for a review under subsection (1) shall be in writing stating the reasons relied upon and shall be made to the Practitioners Board within 14 days of the receipt of the notification of the decision of the Examination Committee.

Upon receipt of the request, the Practitioners Board shall review the decision of the Examination Committee, and shall notify the person concerned of its decision in writing.

A review under this section shall be conducted in accordance with the prescribed procedure.

Any person qualified to apply to be registered as a registered Chinese medicine practitioner may apply to the Practitioners Board within such period of time as may be determined by the Practitioners Board.

An application under subsection (1) shall be accompanied by—

Without prejudice to the generality of subsection (2)(a), the Practitioners Board may require a person who applies for registration to submit with his application—

The Practitioners Board may require an applicant to submit such further information or particulars as the Practitioners Board considers necessary to enable it to determine the application for registration.

The Practitioners Board may, subject to sections 70 and 71 and the recommendation of the Registration Committee, approve an application for registration as a registered Chinese medicine practitioner under section 68.

Upon approving an application for registration by a person who has been exempted from the Licensing Examination under section 93, the Practitioners Board may impose such conditions and restrictions on the practice of that person as it considers necessary.

Where the Practitioners Board has imposed conditions or restrictions under subsection (2), it may amend, vary or revoke any of such conditions or restrictions.

Upon approving an application for registration under subsection (1), the Practitioners Board shall direct the Registrar to enter the name of the person on the Register.

The Practitioners Board may, subject to section 71, refuse to approve the application of a person for registration if it is satisfied—

Where the Practitioners Board refuses an application, the Secretary of the Practitioners Board shall notify the applicant in writing of the decision and the reasons of refusal.

If a person who applies under section 68(1) has declared that he has been convicted in Hong Kong or elsewhere of an offence punishable with imprisonment or that he has been found guilty in Hong Kong or elsewhere of misconduct in a professional respect, the Practitioners Board shall refer his case to the Disciplinary Committee of Chinese Medicine Practitioners.

Where, pursuant to the consideration and recommendation by the Disciplinary Committee of Chinese Medicine Practitioners, the Practitioners Board considers that the person is suitable for registration under section 69, the Practitioners Board may approve the application.

The Practitioners Board may, upon application by a person whose name appears in the Register, issue—

A prescribed fee shall be payable in respect of each certificate referred to in subsection (1)(a) and (b).

A registered Chinese medicine practitioner is entitled to be known in the English language as “registered Chinese medicine practitioner of the Chinese Medicine Council of Hong Kong” or the abbreviation “registered Chinese medicine practitioner” and in the Chinese language as “香港中醫藥管理委員會註冊中醫” or “香港中醫藥管理委員會註冊中醫師” or the abbreviation “註冊中醫” or “註冊中醫師”.

In addition to the titles provided under subsection (1), a registered Chinese medicine practitioner may use the following addition or description to indicate his stream of practice in Chinese medicine—

Where a registered Chinese medicine practitioner desires to use the addition or description referred to in subsection (2), he shall adopt one of the following formats—

Subject to section 76, every registered Chinese medicine practitioner and listed Chinese medicine practitioner shall be entitled to practise Chinese medicine and to recover in any court—

No person shall be entitled to recover in any court any such charges as are referred to in subsection (1) unless at the date when such charges accrued he was a registered Chinese medicine practitioner or listed Chinese medicine practitioner.

A registered Chinese medicine practitioner other than one registered under section 85 shall not practise Chinese medicine unless he is the holder of a practising certificate which is then in force.

An application for the issue or renewal of a practising certificate may be made by a registered Chinese medicine practitioner to the Registrar in writing and shall be accompanied by—

Upon receipt of an application under subsection (2), the Registrar may issue or renew the practising certificate specifying such conditions or restrictions as may be imposed if—

If a registered Chinese medicine practitioner makes a declaration as required under section 76(2)(b) and declares that he has been convicted in Hong Kong or elsewhere of an offence punishable with imprisonment or that he has been found guilty in Hong Kong or elsewhere of misconduct in a professional respect, the Registrar shall refer his case to the Disciplinary Committee of Chinese Medicine Practitioners.

Where, pursuant to the consideration and recommendation by the Disciplinary Committee of Chinese Medicine Practitioners, the Practitioners Board directs that the registered Chinese medicine practitioner be issued with a practising certificate or be granted with a renewal, as the case may be, the Registrar shall issue or renew the certificate specifying such conditions or restrictions as may be imposed.

Subject to subsection (2), a practising certificate shall be in force for such period not exceeding 3 years as may be specified in the certificate.

If at any time during the currency of a practising certificate, the holder of the certificate ceases to be a registered Chinese medicine practitioner, the certificate shall thereupon be deemed cancelled.

Any person who is required to be the holder of a practising certificate under section 76 shall be deemed to have obtained the practising certificate when he has duly applied to the Registrar and paid the prescribed fee in accordance with section 76(2).

Subsection (1) shall cease to apply once the application to the Registrar is approved or refused.

Notwithstanding subsection (1), a person who is required to be the holder of a practising certificate shall not be entitled to recover any fees, costs or other remuneration in his capacity as a registered Chinese medicine practitioner unless he was, at the time when the cause of action arose, the holder of a valid practising certificate.

If any registered Chinese medicine practitioner contravenes section 76(1), the amount of the prescribed fee payable by him under section 76(2) shall be recoverable as a civil debt by claim made in the name of the Registrar.

In any proceedings under this section a certificate purporting to be under the hand of the Registrar to the effect that the registered Chinese medicine practitioner concerned has not paid the prescribed fee shall, until the contrary is proved, be evidence of non-payment of the fee.

On recovery from a Chinese medicine practitioner of a prescribed fee under this section, the Registrar may, subject to the Chinese medicine practitioner’s name appearing on the Register and where applicable, subject to section 77, issue the Chinese medicine practitioner with the practising certificate.

The Practitioners Board may, on the advice of the Registration Committee, make arrangements for the accreditation of continuing education in Chinese medicine, either on its own or in conjunction with any other person or educational institution.

The Practitioners Board shall determine the requirements relating to continuing education in Chinese medicine which are to be complied with before a practising certificate may be renewed under section 76 or 77.

Where an educational or scientific research institution intends to engage a person—

to perform predominantly clinical teaching or research in Chinese medicine for the institution, the institution may apply to the Practitioners Board on behalf of the person for limited registration of that person.

For the purpose of subsection (1), the Practitioners Board shall publish from time to time by notice in the Gazette a list of educational or scientific research institutions from which applications for limited registration will be considered.

For the avoidance of doubt, the notice published under subsection (2) is not subsidiary legislation.

An application for limited registration shall be made to the Practitioners Board in such form as the Practitioners Board may determine and shall be accompanied by—

For the purpose of determining an application for limited registration, the Practitioners Board may request the person on whose behalf the application is made to submit a declaration stating the same particulars as are required under section 68(3)(a).

Upon receipt of an application made under section 84(1), the Practitioners Board may refer the application to the Registration Committee.

The Registration Committee may, and if so directed by the Practitioners Board shall, make a report to the Practitioners Board.

In any report made to the Practitioners Board under subsection (2), the Registration Committee shall make recommendations to the Practitioners Board as to whether the application should be approved.

Where the Practitioners Board is satisfied—

the Practitioners Board may, if the Registration Committee so recommends, direct that the person be registered as a Chinese medicine practitioner with limited registration subject to such conditions and restrictions regarding his practice as may be imposed by the Practitioners Board.

The Practitioners Board may refuse an application for limited registration or renewal of such registration if it is satisfied—

Where the Practitioners Board refuses an application, the secretary of the Practitioners Board shall notify the institution which made the application and the person on whose behalf the application was made in writing of the decision and the ground for refusal.

Where an educational or scientific research institution which made an application under section 83 applies for renewal of registration, such registration shall, if the Practitioners Board so approves, be renewed—

Upon the approval of the Practitioners Board for the renewal of limited registration, a new certificate of limited registration may be issued by the Registrar on payment of a prescribed fee.

The Practitioners Board shall compile and maintain a list of Chinese medicine practitioners and shall enter on such list the name of any person who—

A person whose name is entered on the list under this section shall be assessed by the Practitioners Board as to whether he satisfies the requirements under section 92.

A person referred to in subsection (2) may—

until—

whichever is the earliest.

Where the Practitioners Board has imposed conditions or restrictions under subsection (3)(a), it may amend, vary or revoke any of such conditions or restrictions.

The list maintained under this section shall remain open for application for inclusion by Chinese medicine practitioners within such period of time as may be determined by the Practitioners Board.

The Practitioners Board may arrange to publish in the Gazette from time to time as it thinks appropriate the list maintained by it under this section.

Nothing in this section shall operate so as to prohibit any person who was practising Chinese medicine immediately prior to the commencement of this provision from continuing to practise in accordance with this Ordinance until after the expiry of the period of time referred to in subsection (5).

Where a person who continues to practise Chinese medicine by virtue of subsection (7) would, but for this subsection, be liable to be prosecuted for an offence under section 108(1)(c) and (2), then the person shall not be so liable until after the expiry of the period of time referred to in subsection (5) notwithstanding that on the expiry of such period of time, no application under subsection (1)(b) has been made to the Practitioners Board.

The Practitioners Board shall remove from the list maintained under section 90 the name of a person—

The Practitioners Board may remove from the list maintained under section 90 the name of a person who—

The Practitioners Board shall notify the person concerned in writing of the reasons for its direction under subsection (2).

The Practitioners Board may determine a person to be qualified to be registered under section 69 if it is satisfied, after assessment, that the person—

No person shall be regarded as having acquired substantial experience, knowledge and skills for the purpose of subsection (1)(b) unless he has—

A listed Chinese medicine practitioner who satisfies the Practitioners Board that he has fulfilled either one of the following criteria, namely—

shall be exempted from the Licensing Examination but shall be required to pass a registration assessment conducted by the Practitioners Board before he is qualified to apply to be registered as a registered Chinese medicine practitioner under section 69.

A listed Chinese medicine practitioner who is required to undergo the registration assessment shall pay a prescribed fee before he may attend the registration assessment.

The Practitioners Board shall publish by notice in the Gazette such information pertaining to the registration assessment as it thinks fit.

For the avoidance of doubt, the notice published under subsection (3) is not subsidiary legislation.

A listed Chinese medicine practitioner who—

shall be required to undertake the Licensing Examination, the passing of which shall qualify him to apply to be registered as a registered Chinese medicine practitioner under section 69.

Notwithstanding subsection (1)(b), a listed Chinese medicine practitioner who has made a request for review under section 96 shall not be required to undertake the Licensing Examination pending the outcome of the review.

Where a registration assessment is conducted under section 94, the Practitioners Board shall notify the listed Chinese medicine practitioner concerned in writing of the relevant result.

Within 14 days of the receipt of the written notification made in accordance with subsection (1), the listed Chinese medicine practitioner concerned may request the Practitioners Board to review the result of the registration assessment, to which the written notification relates, by submitting the request in writing and stating the reasons relied upon.

Upon receipt of a request for review under subsection (2) and payment of a prescribed review fee, the Practitioners Board shall review the result and notify the listed Chinese medicine practitioner in writing of its decision within 1 month after the completion of the review.

Any person aggrieved by a decision of the Practitioners Board made under sections 56(1)(c), 58(4), 59(2), 61(1)(a), 62, 63, 64, 66, 70 and 88 may, within 14 days of the receipt of the notification of the decision, or within such further time as the Council may in special circumstances allow, appeal against that decision to the Council in writing stating the reasons relied upon.

In determining an appeal under subsection (1), the Council may invite the person concerned to give further representations in writing or in person.

For the purpose of hearing an appeal, 5 members of the Council shall be a quorum.

A hearing of an appeal shall be conducted in accordance with the prescribed procedure.

The Council may affirm, reverse or vary the decision appealed against.

The decision of the Council under subsection (5) shall be final.

Where the Disciplinary Committee of Chinese Medicine Practitioners considers that the conduct of a registered Chinese medicine practitioner should be inquired into as a result of a complaint being made to it or otherwise, the Disciplinary Committee of Chinese Medicine Practitioners shall refer the case to the Practitioners Board.

Where the Practitioners Board is satisfied, after due inquiry into the case referred to it under subsection (1), that the registered Chinese medicine practitioner—

the Practitioners Board may take any of the steps in subsection (3).

The Practitioners Board may, in its discretion—

Where an order is made under subsection (3), the Practitioners Board may, in any case, make such order as it thinks fit with regard to the payment of costs of the Registrar, any complainant or any person presenting the case to the Practitioners Board and the registered Chinese medicine practitioner and any costs awarded may be recovered summarily as a civil debt in accordance with the provision of section 67 of the Magistrates Ordinance (Cap. 227).

Except for an order made under subsection (3)(e), the Registrar shall not remove the name of the registered Chinese medicine practitioner from the Register—

Nothing in this section shall be deemed to require the Practitioners Board to inquire into the question as to whether a registered Chinese medicine practitioner was properly convicted when considering a record of conviction of the Chinese medicine practitioner under this section, but the Practitioners Board may consider any record of the case in which such conviction was recorded and any other evidence which may be available and is relevant as showing the nature and gravity of the offence.

In deciding whether the Practitioners Board should be recommended to hold an inquiry under this section in respect of a case, the Disciplinary Committee of Chinese Medicine Practitioners shall act in accordance with the prescribed procedure for considering the case brought to its attention.

The meetings of the Practitioners Board held for the purpose of conducting an inquiry under section 98 shall require a quorum of 5 members subject to at least one being a lay member.

Only members who have attended all meetings held for the purpose of the inquiry may participate in the decision of the Practitioners Board.

A member of the Disciplinary Committee of Chinese Medicine Practitioners who is also a member of the Practitioners Board shall not attend a meeting of the Practitioners Board held for the purpose of inquiring into a case, if that member has taken part in its initial consideration when it was brought before the Disciplinary Committee of Chinese Medicine Practitioners.

For the purpose of conducting an inquiry under section 98, the Practitioners Board shall have the following powers—

Summonses to witnesses may be in such form as the Practitioners Board may determine and shall be signed by the chairman of the Practitioners Board.

A summons to witness may be served personally, by post or by registered post.

If it appears to the Practitioners Board that it is necessary to do so in the interests of the complainant, any witness concerned or the registered Chinese medicine practitioner who is the subject of an inquiry, it may order that all or any information relating to the inquiry may not be disclosed.

A copy of any order made under section 98(3)(a), (b), (c) or (e) shall be served by the Registrar upon the registered Chinese medicine practitioner concerned.

Where the Practitioners Board made an order under section 98(3)(d) or (f), the Registrar shall serve the reprimand or the warning letter together with the relevant order upon the registered Chinese medicine practitioner concerned.

Any person who is aggrieved by an order made in respect of him under section 56(1)(a), (d) or (e) or (2) or 98 may, within 1 month from the date of service of the order, or within such further time as the Court of Appeal may in special circumstances allow, appeal to the Court of Appeal.

The Court of Appeal may affirm, reverse or vary the order appealed against.

(Repealed 10 of 2005 s. 120)

The practice in relation to any such appeal shall be subject to any rules of court made under the High Court Ordinance (Cap. 4).

The Court of Appeal shall not have power to hear any appeal against an order made under section 98 unless notice of such appeal was given within the time referred to in subsection (1).

Where an order under section 98(3)(e) is made, the Practitioners Board shall, as soon as possible, publish the order in the Gazette.

Where—

the Practitioners Board shall, within 1 month, publish the order in the Gazette.

Where—

the Practitioners Board may, if it sees fit, within 1 month, publish the order in the Gazette.

Where—

the Practitioners Board shall within 1 month after the appeal is finally determined, publish the order or, if the order is varied on appeal, the order as so varied in the Gazette. (Amended 10 of 2005 s. 123)

Where—

the Practitioners Board may, as it sees fit, within 1 month after the appeal is finally determined, publish the order or, if the order is varied on appeal, the order as so varied in the Gazette. (Amended 10 of 2005 s. 123)

Where an order is published in the Gazette under subsection (1), (2), (3), (4) or (5) the Practitioners Board—

Subject to subsection (2), any person who being summoned to attend as a witness or to produce a book, document or any other thing at an inquiry under section 100(1)—

commits an offence and is liable to a fine at level 3 and to imprisonment for 6 months.

Notwithstanding subsection (1), no person shall be bound to incriminate himself and every witness shall, in respect of any evidence given by him before the Practitioners Board, be entitled to the privileges to which he would be entitled if giving evidence before a court of justice.

Any person who—

commits an offence and is liable to a fine at level 6 and to imprisonment for 3 years.

Subject to subsection (3), any person who not being a registered Chinese medicine practitioner or listed Chinese medicine practitioner—

Subsection (2) shall not apply to—

Any person with limited registration who—

beyond the limits defined in the direction under sections 85 and 86 relating to that registration commits an offence and is liable to a fine at level 3 and to imprisonment for 6 months.

For the purposes of this section—

Except under and in accordance with this Ordinance, no person shall—

any Chinese herbal medicine specified in Schedule 1—

Except under and in accordance with this Ordinance, no person shall—

any Chinese herbal medicine specified in Schedule 1—

Except under and in accordance with this Ordinance, no person shall—

any Chinese herbal medicine specified in Schedule 2—

Except under and in accordance with this Ordinance, no person shall—

any Chinese herbal medicine specified in Schedule 2—

Any person may apply to the Medicines Board for a retailer licence.

An application under subsection (1) shall—

If the Medicines Board is satisfied that an application under subsection (1) complies with the prescribed licensing requirements, it may, upon payment of a prescribed fee, issue a retailer licence subject to such restrictions or conditions as may be imposed.

If, having regard to the provisions of the Ordinance, the Medicines Board considers it necessary in the public interest to do so, it may refuse an application under subsection (1) and thereupon notify the applicant in writing of the reasons for refusal.

Any person may apply to the Medicines Board for a wholesaler licence in Chinese herbal medicines.

An application under subsection (1) shall—

If the Medicines Board is satisfied that an application under subsection (1) complies with the prescribed licensing requirements, it may, upon payment of a prescribed fee, issue a wholesaler licence in Chinese herbal medicines subject to such restrictions or conditions as may be imposed.

If, having regard to the provisions of the Ordinance, the Medicines Board considers it necessary in the public interest to do so, it may refuse an application under subsection (1) and thereupon notify the applicant in writing of the reasons for refusal.

Subject to section 139, a licence issued under section 114 or 115 shall be for such period as may be prescribed.

A licence holder may apply to the Medicines Board for the renewal of the licence.

On an application for renewal under this section, the Medicines Board may—

Where the Medicines Board refuses an application for renewal under this section, it shall notify the applicant in writing of the reasons for refusal.

A person who—

shall be deemed, under this subsection, to have been granted a licence issued under section 114 or 115 as appropriate, subject to such terms and conditions as may be imposed by the Medicines Board by notice in writing to that person, and the licence shall, subject to section 139, continue in effect until—

whichever is the earliest.

Confirmation in writing by the Medicines Board of the receipt of an application shall be sufficient evidence of a licence deemed to be granted under subsection (1).

Where a person would, but for this subsection, be liable to be prosecuted for a contravention of section 109, 110 or 111 for trading in or possessing any Chinese herbal medicine specified in Schedule 1 or 2 without a licence, then that person shall not be so liable until after the expiry of the period of time referred to in subsection (1)(b) notwithstanding that on the expiry of such period of time, no application has been made to the Medicines Board.

Except under and in accordance with this Ordinance and subject to subsection (2), no person shall—

any proprietary Chinese medicine unless the proprietary Chinese medicine is registered under section 121.

Subsection (1) shall not apply to any substance or product which is registered under the Pharmacy and Poisons Ordinance (Cap. 138).

Nothing in subsection (1) shall operate so as to prohibit a manufacturer from manufacturing or a wholesaler of proprietary Chinese medicine from importing a proprietary Chinese medicine of a reasonable quantity for the purposes of providing samples and seeking registration under section 121.

For the purpose of subsection (1), a proprietary Chinese medicine shall not be taken as registered under section 121 unless its particulars are identical with the registered particulars of the registered proprietary Chinese medicine.

An application for the registration of a proprietary Chinese medicine shall be made to the Medicines Board and shall—

Subject to section 122, the Medicines Board may approve the application and upon payment of a prescribed issue fee, register the proprietary Chinese medicine and issue a certificate of registration to the applicant in respect of the proprietary Chinese medicine in such form as it may determine.

Subject to the certificate of registration being issued, the Medicines Board may impose such conditions as it thinks fit and may amend, vary or revoke the conditions if it appears to the Medicines Board that the conditions should be amended, varied or revoked.

If, having regard to the provisions of the Ordinance, the Medicines Board considers it necessary in the public interest to do so, it may refuse an application for registration made under subsection (1) and thereupon notify the applicant in writing of the reasons for refusal.

In determining an application for registration of a proprietary Chinese medicine, the Medicines Board shall in particular take into consideration—

In taking into consideration the efficacy for a particular purpose of a proprietary Chinese medicine to which an application relates, the Medicines Board shall disregard any question whether a proprietary Chinese medicine of another description would or might be equally or more efficacious for that purpose.

For the purpose of subsection (1), nothing in subsection (2) shall be construed as requiring the Medicines Board, in considering the safety of a proprietary Chinese medicine of a particular description, in relation to a purpose for which it is proposed to be administered, to disregard any question whether a proprietary Chinese medicine of another description, being equally or more efficacious for that purpose, would or might be safer in relation to that purpose.

In determining an application relating to a proprietary Chinese medicine which is to be imported, the Medicines Board—

The registration of a proprietary Chinese medicine under section 121 shall have effect for such period as may be prescribed.

The holder of a certificate of registration may apply to the Medicines Board for the renewal of registration.

On an application for renewal under this section, the Medicines Board may—

Where the Medicines Board refuses an application for renewal under this section, it shall notify the applicant in writing of the reasons for refusal.

The holder of a certificate of registration may, on payment of a prescribed fee, apply in writing to the Medicines Board for approval to vary the registered particulars of the proprietary Chinese medicine to which the certificate relates except the following particulars—

If the Medicines Board is satisfied that the proposed variation will not adversely affect the safety, quality and efficacy of the relevant proprietary Chinese medicine, it may approve the variation as proposed in the application.

The Medicines Board shall advise the applicant in writing—

Where the variation of the registered particulars of a proprietary Chinese medicine registered under section 121 takes effect, the proprietary Chinese medicine to which the registered particulars were related before the variation shall cease to be a proprietary Chinese medicine registered under that section.

Where by virtue of subsection (4) a proprietary Chinese medicine ceases to be a proprietary Chinese medicine registered under section 121, the relevant applicant shall before the relevant variation takes effect, recall or cause to recall, to the extent reasonably possible, the proprietary Chinese medicine already supplied.

The Medicines Board may de-register a proprietary Chinese medicine if it considers it necessary in the public interest to do so.

Where the Medicines Board intends to de-register a proprietary Chinese medicine, it shall notify the holder of the certificate of registration in writing of its intention and invite him to submit any representations, information or explanation in writing.

Notwithstanding subsection (2), the Medicines Board may de-register a proprietary Chinese medicine forthwith if it considers that an emergency exists.

Where the Medicines Board determines to de-register a proprietary Chinese medicine, it shall forward to the holder of the certificate of registration a notice of de-registration and shall state in such notice its reasons for de-registration.

The Medicines Board may publish in the Gazette a list of all proprietary Chinese medicines de-registered under subsections (1) and (3) when it considers appropriate.

Where a proprietary Chinese medicine is, on 1 March 1999—

a person who is, on the same date—

may apply to the Medicines Board within such period of time as may be determined by the Medicines Board for the registration of the proprietary Chinese medicine in accordance with section 121.

Where an application is made under subsection (1), the proprietary Chinese medicine shall be deemed, under this subsection, to have been registered and a certificate is deemed to have been issued under section 121 subject to such classification of category, conditions and restrictions as may be imposed by the Medicines Board by notice in writing to the applicant.

Subject to subsection (7), such registration shall continue in effect until—

whichever is the earliest.

Confirmation in writing by the Medicines Board of the receipt of an application shall be sufficient evidence of a certificate deemed to be issued under subsection (2).

The Medicines Board may amend, vary or revoke any of the classification of category, conditions or restrictions imposed under subsection (2).

Where a person would, but for this subsection, be liable to be prosecuted for a contravention of section 119 for trading in, importing or possessing a proprietary Chinese medicine which, but for this subsection, would otherwise be required to be registered, then the person shall not be so liable until after the expiry of the period of time referred to in subsection (1) notwithstanding that on the expiry of such period of time, no application has been made to the Medicines Board.

Section 125 and any requirements in respect of proprietary Chinese medicines imposed by regulations made under section 161 shall apply to proprietary Chinese medicines deemed to be registered under this section.

For the purpose of facilitating the conduct of a clinical trial or medicinal test of any proprietary Chinese medicine, the Medicines Board may, upon application, issue a certificate for clinical trial and medicinal test.

An application shall be in such form and accompanied by such documents, information, samples and other materials as the Medicines Board may determine and a prescribed application fee.

The Medicines Board may, on payment of a prescribed issue fee, issue a certificate for clinical trial and medicinal test, and such certificate shall be valid for such period and subject to such conditions as the Medicines Board thinks fit.

If, having regard to the provisions of this Ordinance, the Medicines Board considers it necessary in the public interest to do so, it may refuse an application made under subsection (1).

For the purpose of exporting a proprietary Chinese medicine which is registered under section 121 and manufactured by a manufacturer licensed under section 132, the Medicines Board may, upon application, issue in the prescribed form a certificate certifying that the proprietary Chinese medicine is allowed to be sold in Hong Kong and containing such statements relating to the proprietary Chinese medicine as it considers appropriate.

The certificate referred to in subsection (1) is issued subject to the payment of a prescribed fee.

An application for a licence to manufacture proprietary Chinese medicines shall be made to the Medicines Board and shall—

If the Medicines Board is satisfied that an application made under subsection (1) complies with the prescribed licensing requirements, it may, upon payment of a prescribed fee, issue a manufacturer licence in a prescribed form subject to such conditions or restrictions as may be imposed. (Amended 14 of 2003 s. 24)

Without prejudice to the generality of subsection (2), the Medicines Board may impose a condition prohibiting the manufacturing of certain proprietary Chinese medicines if the Medicines Board considers it necessary in the public interest to do so.

If, having regard to the provisions of the Ordinance, the Medicines Board considers it necessary in the public interest to do so, it may refuse an application made under subsection (1) and thereupon notify the applicant in writing of the reasons for refusal.

An application for a wholesaler licence in proprietary Chinese medicines shall be made to the Medicines Board and shall—

If the Medicines Board is satisfied that an application made under subsection (1) complies with the prescribed licensing requirements, it may, upon payment of a prescribed fee, issue a wholesaler licence in proprietary Chinese medicines subject to such restrictions or conditions as it may impose.

If, having regard to the provisions of this Ordinance, the Medicines Board considers it necessary in the public interest to do so, it may refuse an application made under subsection (1) and thereupon notify the applicant in writing of the reasons for refusal.

Subject to section 139, a licence issued under section 132 or 135 shall be for such period as may be prescribed.

A licence holder may apply to the Medicines Board for the renewal of the licence.

On an application for renewal under this section, the Medicines Board may—

Where the Medicines Board refuses an application for renewal under this section, it shall notify the applicant in writing of the reasons for refusal.

A person who—

shall be deemed to have been granted a licence under section 132 or 135 as appropriate, subject to such terms and conditions as may be imposed by the Medicines Board by notice in writing to the applicant, and the licence shall, subject to section 139, continue in effect until—

whichever is the earliest.

Confirmation in writing by the Medicines Board of the receipt of an application shall be sufficient evidence of a licence deemed to be granted under subsection (1).

Where a person would, but for this subsection, be liable to be prosecuted for a contravention of section 131 or 134 for manufacturing, trading in or possessing any proprietary Chinese medicine without a licence, then the person shall not be so liable until after the expiry of the period of time referred to in subsection (1)(b) notwithstanding that on the expiry of such period of time, no application has been made to the Medicines Board.

This section applies to licences—

The Medicines Board may—

if—

The suspension or revocation of a licence may be limited to—

For the purposes of exercising its powers under this section in a particular case—

A member of the Regulatory Committee of Chinese Medicines Traders who is also a member of the Medicines Board shall not attend a meeting of the Medicines Board held for the purpose of exercising its power under this section, if that member—

The Regulatory Committee of Chinese Medicines Traders shall act in accordance with the regulations made under section 161.

The Medicines Board shall notify the licence holder concerned in writing of its decision made under this section and the reasons for the decision.

Where powers under section 114, 115, 116, 121, 123, 124, 125, 129, 132, 135 or 136 exercisable by the Medicines Board have been delegated to the Chinese Medicines Committee or the Chinese Medicines Traders Committee, as the case may be, any person aggrieved by its decision may request the Medicines Board to review the decision.

A request for review under subsection (1) shall state the reasons relied upon and shall be made to the Medicines Board within 14 days after the receipt of the notification of decision.

Upon receipt of the written request for review, the Medicines Board shall review the decision and shall serve a notice of its decision together with the reasons for its decision on the person concerned.

In reviewing a decision, the Medicines Board may invite the person concerned to give representations in writing or in person.

A person aggrieved by any decision of the Medicines Board made under section 114, 115, 116, 121, 123, 124, 125, 129, 132, 135, 136, 139 or 140 may appeal to the Court of First Instance within 1 month from the date of service of the notice.

A person aggrieved by a Chinese medicine safety order may appeal to the Court of First Instance against the order within 1 month from the date of service of the order on the person. (Added 16 of 2018 s. 5)

A person aggrieved by a variation order may appeal to the Court of First Instance against the order within 1 month from the date of service of the order on the person. (Added 16 of 2018 s. 5)

The Court of First Instance may affirm, reverse or vary the decision appealed against.

(Repealed 16 of 2018 s. 5)

In this section—

Where there is a change in the address of the premises specified in a licence issued under this Ordinance, the licence shall become void at the expiry of 1 month from the date on which such change occurs unless—

A licence holder shall notify the Medicines Board in writing of any change in the person or his deputies nominated in writing under section 114(2)(b) or 132(1)(b), as the case may be, within 1 month from the date of such change.

The Director may authorize in writing any public officer to be an inspector for the purpose of enforcing any provisions under this Ordinance and its regulations made under section 161.

Subject to section 147, an inspector authorized under this section shall, for the purpose of enforcing the provisions under this Ordinance and its regulations, have powers—

Any person who wilfully delays or obstructs an inspector in the exercise of any powers under this section, or refuses without reasonable excuse to allow any sample to be taken in accordance with this section, or fails without reasonable excuse to give any information which he is duly required under this section to give commits an offence.

If, without reasonable excuse, any person appearing to an inspector to be in charge of premises where a business of—

is conducted, fails to disclose particulars to identify the licence holder or the owner of the business upon being required to do so by the inspector, commits an offence.

Nothing in this section shall authorize an inspector to enter or inspect the premises of a registered Chinese medicine practitioner, a listed Chinese medicine practitioner or a person who continues to practise Chinese medicine by virtue of section 90(7), other than those premises where the dispensing or compounding of Chinese herbal medicines or proprietary Chinese medicines is carried on.

No domestic premises shall be entered or searched by an inspector unless—

A magistrate may, if he is satisfied by information on oath that there is reasonable ground for suspecting that there are in any domestic premises any article, document or thing which may be seized, removed or detained under section 146(2)(c), (d), (e) and (f), issue a warrant authorizing an inspector to enter and search the premises.

The Director may, if he is satisfied that there is reasonable ground for suspecting—

authorize in writing an inspector to enter and search the premises.

An inspector authorized under subsection (2) or (3) to enter and search domestic premises may take with him any other person and any equipment as may appear to him to be necessary to assist him in entering and searching the premises.

No information laid in respect of any offence under this Ordinance shall be admitted in evidence and no witness in any proceedings for an offence under this Ordinance shall be obliged or permitted to disclose the name or address of any informer or state any matter which might lead to the discovery of the informer.

If any books, documents or papers which are in evidence or liable to inspection in any such proceedings contain any entry in which any informer is named or described or which might lead to his discovery, the court may cause all such passages to be concealed from view or to be obliterated so far as may be necessary to protect the informer from discovery.

Where after full inquiry into the case—

the court may require the production of the original information and permit inquiry and require full disclosure concerning the informer.

Where a servant of a holder of a licence issued under this Ordinance commits an offence for contravening section 109, 110, 111, 119(1), 131, 134, 142, 143 or 144, the holder of the licence shall, without prejudice to the liability of any other person, also be guilty of that offence but shall not be liable to any term of imprisonment.

Where a prosecution is brought against a holder of a licence by virtue of this section in respect of an offence committed by a servant, it shall be a defence if the holder of the licence shows that he exercised such control over the servant as would ensure that the servant was not likely to act in contravention of the provision in question.

Any magistrate may, on application by the Government, order to be forfeited any Chinese herbal medicines or proprietary Chinese medicines, or any article or substance with respect to which any offence relating to Chinese herbal medicines or proprietary Chinese medicines under this Ordinance has been committed, whether or not any person has been convicted of such offence, and upon the making of any order of forfeiture, such medicines, article or substance shall be deemed to be the property of the Government free from all rights of any person.

In any proceedings on application under this section, any statement or other indication of the nature of any substance or article written upon or attached to any substance, article or container shall, until the contrary is proved, be deemed to be a true description of the substance or article or of the contents of the container, as the case may be.

For the purposes of determining an application for a licence, certificate or renewal of the same under this Ordinance, the Medicines Board may serve on the applicant a notice requiring him to furnish to it such information relating to the application and within such time as may be specified in the notice.

Where the applicant fails to furnish the information, the Medicines Board may decline to process the application further or reject the application.

No person who, in making an application to the Medicines Board or in giving any information which he is required to give under this section, shall make a statement or representations which he knows to be false or does not believe to be true in a material particular.

No public officer, or member of the Council, boards or committees shall, except in the circumstances set out in subsection (2), disclose or give to another person any information that concerns a trade, business or manufactory secret which has come to his knowledge or into his possession in the course of the discharge of his functions under this Ordinance.

A public officer, or member of the Council, boards or committees does not contravene subsection (1) if he discloses or gives the information to another person—

Where in any proceedings a court considers that the justice of the case so requires, the court may order the disclosure of information referred to in subsection (1).

Any person who contravenes section 109, 110, 111, 119(1), 131, 134, 142, 143, 144, 146(3) or (4), 153(3) or 154 commits an offence.

Any person who is found guilty of an offence under this Ordinance shall, unless a penalty is otherwise expressly provided, be liable to a fine at level 6 and to imprisonment for 2 years.

In any proceedings for a contravention of section 110, it shall be a defence for a person charged to prove that he—

that the Chinese herbal medicine was not supplied to him in accordance with this Ordinance.

In any proceedings for a contravention of section 119(1), it shall be a defence for a person charged to prove that he—

that the proprietary Chinese medicine was not registered under section 121.

The boards or committees set out in column 1 of Schedule 5 may delegate all or any of their respective functions to the boards or committees set forth opposite them in columns 2 and 3 of that Schedule respectively.

The Secretary may, after consultation with the Council, by order published in the Gazette, amend Schedule 5.

The Medicines Board may exempt, with or without conditions or restrictions, a person or institution concerned with education or scientific research from the application of sections 109(2), 110, 111(2), 119, 131 and 134 if the Chinese herbal medicines or proprietary Chinese medicines in question are required for the purposes of education or scientific research.

Nothing in sections 109(1), 110 and 111(1) shall apply to a registered Chinese medicine practitioner if, and only if, the Chinese herbal medicines in question are—

Nothing in section 110 shall apply to a person in bona fide possession of any Chinese herbal medicine specified in Schedule 1 if and only if such medicine has been supplied to him—

Nothing in section 111(1) shall apply to a listed Chinese medicine practitioner or a person who continues to practise Chinese medicine by virtue of section 90(7) if, and only if, the Chinese herbal medicine in question is—

Nothing in section 119 shall apply in respect of a proprietary Chinese medicine which is—

Nothing in sections 119 and 131 shall apply in respect of a proprietary Chinese medicine which is—

Nothing in sections 109(2), 110, 111(2) and 134 shall apply to a person licensed under section 132 as a manufacturer of proprietary Chinese medicines if, and only if, the Chinese herbal medicines or proprietary Chinese medicines in question are imported or obtained by the manufacturer as raw materials for the purpose of manufacturing his own products.

Nothing in section 134 shall apply to a person licensed under section 132 as a manufacturer of proprietary Chinese medicines if and only if he sells by way of wholesale the proprietary Chinese medicine manufactured by himself.

A notice or order required to be served or given (however described) under this Ordinance may be served or given—

In the absence of evidence to the contrary, a notice or order served or given under subsection (1)(a)(ii), (b)(ii) or (c)(ii) is taken as having been served or given on the day immediately following the day on which it was left at the place or address mentioned in that subsection.

In the absence of evidence to the contrary, a notice or order served or given under subsection (1)(a)(iii), (b)(iii) or (c)(iii) is taken as having been served or given on the second day after the day on which it was posted.

The Chief Executive in Council may by regulation provide for—

Any fee or surcharge prescribed under subsection (1)—

Regulations made under subsection (1)(a) may provide that the amount of any fee or surcharge may be fixed by reference to a scale prescribed in the regulations, and for the payment of different fees or surcharges by or in relation to different categories of Chinese medicine practitioners or persons.

The Secretary may by regulation provide for—

With the approval of the Secretary, the Council may by regulation provide for—

Without prejudice to the generality of subsections (4) and (5), regulations made under those subsections may—

Any regulation made under this section may provide that a contravention of any provisions therein shall be an offence and may prescribe penalties for such offence not exceeding a fine at level 6 and imprisonment for 2 years.