Cap. 655 《香港中醫醫院條例》The Chinese Medicine Hospital of Hong Kong Ordinance

生效中

版本日期: 2025-05-23

An Ordinance to prohibit the unauthorized use of the title of, and the unauthorized association by certain other means with, The Chinese Medicine Hospital of Hong Kong; to amend certain provisions in various enactments so that The Chinese Medicine Hospital of Hong Kong is covered by those provisions; and to make a related amendment.

[23 May 2025]

Enacted by the Legislative Council.

1. Short title

This Ordinance may be cited as The Chinese Medicine Hospital of Hong Kong Ordinance.

2. Unauthorized use of title of The Chinese Medicine Hospital of Hong Kong etc.

(1)

For the purposes of this section, a body of persons falls within the specified description if it is a body of persons (whether corporate or unincorporate) that—

(a)

purports or holds itself out—

(i)

to be The Chinese Medicine Hospital of Hong Kong or any part of it; or

(ii)

to be in any way associated with that hospital;

(b)

uses the title “The Chinese Medicine Hospital of Hong Kong” or “香港中醫醫院”; or

(c)

uses a title in any language that so closely resembles the title “The Chinese Medicine Hospital of Hong Kong” or “香港中醫醫院” as to be capable of misleading any person into believing that the body of persons is The Chinese Medicine Hospital of Hong Kong or any part of it or is in any way associated with that hospital.

(2)

A person must not, without the written consent of the Secretary, incorporate or otherwise form a body of persons that falls within the specified description.

(3)

A person must not, without the written consent of the Secretary—

(a)

hold the office of director or any other office of, be an organizer of, or otherwise work in connection with, a body of persons that falls within the specified description; or

(b)

be a member of such a body of persons.

(4)

A person who contravenes subsection (2) or (3) commits an offence and is liable on conviction to a fine at level 3.

(5)

In this section—

Secretary (局長) means the Secretary for Health; The Chinese Medicine Hospital of Hong Kong (香港中醫醫院) means the hospital that—(a)is known as “The Chinese Medicine Hospital of Hong Kong” in English and “香港中醫醫院” in Chinese; and(b)is situated at 1 Pak Shing Kok Road, Tseung Kwan O, New Territories.

3. Certain enactments amended for covering The Chinese Medicine Hospital of Hong Kong etc.

The enactments specified in the Schedule are amended as set out in the Schedule.

Schedule — Amendments to Certain Enactments for Covering The Chinese Medicine Hospital of Hong Kong etc.

[s. 3]

Part 1 — Employment Ordinance (Cap. 57)

1. Section 33 amended (sickness allowance)

Section 33(6)(a), after “(Cap. 113)”—

Add

section 2(5)

15 of 2025

Part 2 — Pharmacy and Poisons Ordinance (Cap. 138)

2. Section 2 amended (interpretation)

Section 2(1), definition of institution, after paragraph (d)—

Add

“(da)

The Chinese Medicine Hospital of Hong Kong (as defined by section 2(5) of The Chinese Medicine Hospital of Hong Kong Ordinance (15 of 2025));”.

Part 3 — Births and Deaths Registration Ordinance (Cap. 174)

3. Second Schedule amended

Second Schedule, Form 18, Part III, after paragraph 2(16)(a)—

Add

“(ab)

if the deceased died in The Chinese Medicine Hospital of Hong Kong (as defined by section 2(5) of The Chinese Medicine Hospital of Hong Kong Ordinance (15 of 2025));”.

Part 4 — Undesirable Medical Advertisements Ordinance (Cap. 231)

4. Section 3 amended (prohibition of advertisements relating to certain diseases; exceptions therefrom)

After section 3(7)—

Add

“(8)

Subsection (1) also does not apply to any publication by The Chinese Medicine Hospital of Hong Kong (as defined by section 2(5) of The Chinese Medicine Hospital of Hong Kong Ordinance (15 of 2025)) of—

(a)

information about the prices of chargeable items and services provided in that hospital; or

(b)

historical statistics on the fees and charges for treatments and procedures provided by that hospital.”.

5. Section 5 amended (certain defences; provision as to Chinese medicine practitioners)

After section 5(1)(c)(iv)—

Add

“(v)

The Chinese Medicine Hospital of Hong Kong (as defined by section 2(5) of The Chinese Medicine Hospital of Hong Kong Ordinance (15 of 2025));”.

Part 5 — Child Care Services Ordinance (Cap. 243)

6. Section 3 amended (application)

(1)

Section 3(1)(b)(ii)—

Repeal

“or”.

(2)

After section 3(1)(b)—

Add

“(ba)

any child care centre situated in the premises of The Chinese Medicine Hospital of Hong Kong (as defined by section 2(5) of The Chinese Medicine Hospital of Hong Kong Ordinance (15 of 2025)); or”.

Part 6 — Employees’ Compensation Ordinance (Cap. 282)

7. Section 3 amended (interpretation)

(1)

Section 3(1), definition of hospital—

Repeal

“or any”

Substitute

“, any”.

(2)

Section 3(1), definition of hospital, after “(Cap. 113)”—

Add

section 2(5)

15 of 2025

Part 7 — Dangerous Goods (Application and Exemption) Regulation 2012 (Cap. 295 sub. leg. E)

8. Section 2 amended (interpretation)

Section 2, definition of medical establishment, after paragraph (c)—

Add

“(ca)

The Chinese Medicine Hospital of Hong Kong (as defined by section 2(5) of The Chinese Medicine Hospital of Hong Kong Ordinance (15 of 2025));”.

Part 8 — Subsidiary Legislation under Supplementary Medical Professions Ordinance (Cap. 359)

Division 1 — Medical Laboratory Technologists (Registration and Disciplinary Procedure) Regulations (Cap. 359 sub. leg. A)

9. Schedule 4 amended (exemptions from the Ordinance)

Schedule 4—

Add

“12.

The Chinese Medicine Hospital of Hong Kong (as defined by section 2(5) of The Chinese Medicine Hospital of Hong Kong Ordinance (15 of 2025))

20 and 21(1)”.

Division 2 — Occupational Therapists (Registration and Disciplinary Procedure) Regulations (Cap. 359 sub. leg. B)

10. Schedule 4 amended (exemptions from the Ordinance)

Schedule 4—

Add

“9.

The Chinese Medicine Hospital of Hong Kong (as defined by section 2(5) of The Chinese Medicine Hospital of Hong Kong Ordinance (15 of 2025))

20 and 21(1)”.

Division 3 — Radiographers (Registration and Disciplinary Procedure) Regulation (Cap. 359 sub. leg. H)

11. Schedule 5 amended (exemption from the Ordinance)

Schedule 5—

Add

“12.

The Chinese Medicine Hospital of Hong Kong (as defined by section 2(5) of The Chinese Medicine Hospital of Hong Kong Ordinance (15 of 2025))

20 and 21(1)”.

Division 4 — Physiotherapists (Registration and Disciplinary Procedure) Regulation (Cap. 359 sub. leg. J)

12. Schedule 4 amended (exemptions from the Ordinance)

Schedule 4—

Add

“11.

The Chinese Medicine Hospital of Hong Kong (as defined by section 2(5) of The Chinese Medicine Hospital of Hong Kong Ordinance (15 of 2025))

20 and 21(1)”.

Part 9 — Pneumoconiosis and Mesothelioma (Compensation) Ordinance (Cap. 360)

13. Section 2 amended (interpretation)

(1)

Section 2(1), definition of hospital—

Repeal

“or any”

Substitute

“, any”.

(2)

Section 2(1), definition of hospital, after “(Cap. 113)”—

Add

section 2(5)

15 of 2025

Part 10 — Smoking (Public Health) Ordinance (Cap. 371)

14. Section 2 amended (interpretation)

Section 2(1), definition of hospital—

Repeal paragraph (b)

Substitute

“(b)

whether or not it is—

(i)

a public hospital (as defined by section 2(1) of the Hospital Authority Ordinance (Cap. 113)); or

(ii)

The Chinese Medicine Hospital of Hong Kong (as defined by section 2(5) of The Chinese Medicine Hospital of Hong Kong Ordinance (15 of 2025));”.

Part 11 — Coroners Ordinance (Cap. 504)

15. Schedule 1 amended (reporting of deaths)

Schedule 1, Part 1, after paragraph 16(a)—

Add

“(ab)

if the deceased died in The Chinese Medicine Hospital of Hong Kong (as defined by section 2(5) of The Chinese Medicine Hospital of Hong Kong Ordinance (15 of 2025));”.

Part 12 — Chinese Medicines Regulation (Cap. 549 sub. leg. F)

16. Section 12 amended (additional duties of holders of wholesaler licences in Chinese herbal medicines in respect of Schedule 1 medicines—selling restrictions)

(1)

Section 12(h)—

Repeal

“; or”

Substitute a semicolon.

(2)

Section 12(i)—

Repeal

“force.”

Substitute

“force; or”.

(3)

After section 12(i)—

Add

“(j)

The Chinese Medicine Hospital of Hong Kong (as defined by section 2(5) of The Chinese Medicine Hospital of Hong Kong Ordinance (15 of 2025)).”.

Part 13 — Human Reproductive Technology Ordinance (Cap. 561)

17. Section 15A amended (prohibition against publishing or distributing advertisements promoting sex selection services)

(1)

Section 15A(9), English text, definition of specified person, paragraph (b)(v)—

Repeal

Cap. 113

Substitute

Cap. 113

(2)

Section 15A(9), definition of specified person, after paragraph (b)(v)—

Add

“(vi)

The Chinese Medicine Hospital of Hong Kong (as defined by section 2(5) of The Chinese Medicine Hospital of Hong Kong Ordinance (15 of 2025)).”.

Part 14 — Rating (Amendment) Ordinance 2024 (26 of 2024)

18. Section 8 amended (Schedule amended (computation of rates for section 18(1)(b)))

Section 8(3), new section 2(b)(iv)(E), after “Hong Kong”—

Add

section 2(5)

15 of 2025