Cap. 161 《醫生註冊條例》Medical Registration Ordinance

In this Ordinance, unless the context otherwise requires— (Amended 10 of 2005 s. 61)

For the purposes of sections 21(5), 21A(2) and 25(2), 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)—

There shall be established within Hong Kong a Council to be called the Medical Council of Hong Kong. (Amended 25 of 1984 s. 10)

The Council is to consist of the following members— (Amended 15 of 2018 s. 4)

Subject to subsections (4) and (6), a member of the Council appointed under subsection (2)(d), (da), (g) or (h) holds office for 3 years from the date of his appointment and, at the expiry of his period of appointment or of any period for which he is reappointed, shall be eligible for reappointment for further periods of 3 years each. (Amended 63 of 1982 s. 3; 3 of 1988 s. 3)

Subject to subsections (4) and (6A), a member described in subsection (2)(ga) or (ha)—

Subject to subsections (4) and (6A), a member described in subsection (2)(gb)—

Subject to subsections (4) and (6A), a member described in subsection (2)(i) or (j), other than a member described in subsection (5C) or (5D)—

Subject to subsection (5AAE), the Academy of Medicine must, within 3 months before the term of office of a member described in subsection (2)(ha) expires, conduct an election in accordance with its regulations or procedures to elect a person to succeed that member. (Added 15 of 2018 s. 4)

Subject to subsection (5A), the Hong Kong Medical Association shall, within 3 months before the term of office of a member described in subsection (2)(i) expires, conduct an election to elect a person qualified under subsection (2)(i) to succeed that member. (Added 7 of 1996 s. 3)

Any member of the Council who is not an ex officio member may at any time resign by giving notice in writing to the Chairman.

Where, before the expiry of the period of his appointment, any member of the Council appointed by the Chief Executive resigns or his office becomes vacant, the Chief Executive may appoint a person who is suitably qualified for appointment under subsection (2) to hold office in place of that member until the expiry of the period for which he was appointed. (Amended 37 of 2000 s. 3)

If, before the term of office of a member described in subsection (2)(ga) expires, the member resigns or the office otherwise becomes vacant, and—

A member elected or appointed to fill a vacancy under subsection (5AA) holds office from the date of election or appointment until the end of the unexpired term. (Added 15 of 2018 s. 4)

If, before the term of office of a member described in subsection (2)(gb) expires, the member resigns or the office otherwise becomes vacant, the Consumer Council must, as soon as possible, nominate a person to fill the vacancy. (Added 15 of 2018 s. 4)

A member nominated to fill a vacancy under subsection (5AAC) holds office from the date of nomination until the end of the unexpired term. (Added 15 of 2018 s. 4)

If, before the term of office of a member described in subsection (2)(ha) expires, the member resigns or the office otherwise becomes vacant, the Academy of Medicine must, as soon as possible, conduct an election in accordance with its regulations or procedures to fill the vacancy. (Added 15 of 2018 s. 4)

A member elected to fill a vacancy under subsection (5AAE) holds office from the date of election until the end of the unexpired term. (Added 15 of 2018 s. 4)

Where, before the term of office of a member described in subsection (2)(i) expires, the member resigns or his office becomes vacant, the Hong Kong Medical Association shall, as soon as possible, conduct an election to elect a person qualified under subsection (2)(i) to fill that vacancy, and the member elected to fill the vacancy shall hold office from the date of election until the end of the unexpired term. (Added 7 of 1996 s. 3)

Where, before the term of office of a member described in subsection (2)(j) expires, the member resigns or his office becomes vacant, and— (Amended 15 of 2018 s. 4)

and the member so elected or appointed to fill the vacancy shall hold office from the date of election or appointment, as the case may be, until the end of the unexpired term. (Added 7 of 1996 s. 3)

Of the first 7 members elected to hold office under subsection (2)(i)—

all from the date of notification in the Gazette of their having been elected and the Council of the Hong Kong Medical Association shall, in its absolute discretion, determine the respective term of office of each such elected member in accordance with this subsection. (Added 7 of 1996 s. 3)

Of the first 7 members elected to hold office under subsection (2)(j)—

all from the date of notification in the Gazette of their having been elected, and the respective term of office of each such member shall be determined in accordance with the Medical Practitioners Election Regulation. (Added 7 of 1996 s. 3)

If any member appointed by the Chief Executive, or any ex officio member— (Amended 15 of 2018 s. 4)

the Chief Executive may declare the member’s office of membership of the Council to be vacant. (Amended 37 of 2000 s. 3)

If a member of the Council, other than a member described in subsection (6)— (Amended 15 of 2018 s. 4)

the Council may declare the member’s office of membership of the Council to be vacant. (Added 7 of 1996 s. 3)

Notwithstanding anything in this section, a person—

is not eligible for nomination, re-nomination, appointment, reappointment, election or re-election, as the case may be, as a member of the Council.

(Repealed 15 of 2018 s. 4)

After a person is elected or nominated to hold an office in the Council described in subsection (2)(ga), (gb), (ha), (i) or (j), the Secretary must publish a notification in the Gazette of the person’s election or nomination. (Added 15 of 2018 s. 4)

The Chairman of the Council shall—

If the office of Chairman becomes vacant due to effluxion of time, or as a result of resignation or otherwise, the Secretary shall convene a meeting of the Council within 3 months of the occurrence of such vacancy for the purpose of electing a Chairman.

The Secretary shall preside at a meeting held under subsection (2) until the Chairman is elected and assumes office, but he shall not have an original or a casting vote.

If the Chairman is unable to perform the functions of his office for any period due to absence from Hong Kong or any other reason, the members of the Council shall at a meeting of the Council elect one of themselves to act in his place for the duration of that period and notwithstanding any provision in this Ordinance, the Secretary may, where necessary, convene a meeting for the purpose of such election.

The Chairman may at any time resign his office by giving notice in writing to the Secretary.

The Council shall have a secretary and one or more deputy secretaries and legal advisers who shall be appointed by the Chief Executive. (Added 70 of 1975 s. 4. Amended 7 of 1996 s. 4; 37 of 2000 s. 3; 15 of 2018 s. 5)

Without limiting any other duties of a deputy secretary under this Ordinance, a deputy secretary may carry out the duties of the Secretary in respect of an inquiry under section 21. (Added 15 of 2018 s. 5)

If any member of the Council appointed by the Chief Executive is, because of illness, absence from Hong Kong or any other reason, unable to perform the member’s duties and exercise the member’s powers for any period, the Chief Executive may appoint another person who is suitably qualified for appointment under section 3(2) (not being one who is disqualified from holding office under section 3 or who has been removed from office under that section) to be a temporary member of the Council in the place of the member during that period. (Amended 7 of 1996 s. 5; 37 of 2000 s. 3)

If any member of the Council described in section 3(2)(ga) is, because of illness, absence from Hong Kong or any other reason, unable to perform the member’s duties and exercise the member’s powers for any period, the Permanent Secretary may appoint another person who is suitably qualified for appointment under section 3(2) (not being one who is disqualified from holding office under section 3 or who has been removed from office under that section) to be a temporary member of the Council in the place of the member during that period. (Added 15 of 2018 s. 6)

If any member of the Council described in section 3(2)(gb), (ha), (i) or (j) is, because of illness, absence from Hong Kong or any other reason, unable to perform the member’s duties and exercise the member’s powers for any period, the Council may appoint another person who is suitably qualified for appointment under section 3(2) (not being one who is disqualified from holding office under section 3 or who has been removed from office under that section) to be a temporary member of the Council in the place of the member during that period. (Added 7 of 1996 s. 5)

In subsections (1), (1AA) and (1A), a reference to any member of the Council includes a person who is appointed, nominated or elected under section 3 to fill a vacancy in the office of the Council. (Added 15 of 2018 s. 6)

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

The Council shall meet at such times and such places as the Chairman may appoint. (Amended 3 of 1988 s. 5)

Except in an appeal hearing under section 20F, 20O or 20W (appeal hearing), or in an election petition under the Medical Practitioners Election Regulation or the Patient Organizations Election Regulation (election petition), at any meeting of the Council, the quorum is 13 members. (Replaced 15 of 2018 s. 7)

At a meeting of the Council for an appeal hearing or an election petition, the quorum is 5 members. (Replaced 15 of 2018 s. 7)

The validity of any proceedings of the Council shall not be affected by any vacancy among the members thereof or by any defect in the appointment, nomination or election of a member thereof. (Amended 15 of 2018 s. 7)

All questions coming or arising before a meeting of the Council shall be decided by a majority of the members of the Council present and voting thereon.

Except for an appeal hearing and an election petition, the Council may transact any of its business by circulation of papers without meeting; and a resolution signed by all the members of the Council for the time being present in Hong Kong is as valid and effective as if it had been passed at a meeting by the votes of the members so signing. (Added 7 of 1996 s. 6. Amended 15 of 2018 s. 7)

The Chairman at any meeting of the Council shall have an original vote and also, if upon any question the votes shall be equally divided, a casting vote. (Amended 15 of 2018 s. 7)

The Council may make standing orders for regulating the procedure at, and in connection with, its meetings.

The Registrar shall cause a register, to be called the General Register, to be kept in such form as he thinks fit and containing the names, addresses and qualifications, and such other particulars as he thinks necessary—

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

The Registrar shall cause a register, to be called the Specialist Register, to be kept in such form as he thinks fit and containing the names, addresses, qualifications and experience, and such other particulars as he thinks necessary of those persons who have been approved by the Council to have their names included in the Specialist Register. (Added 7 of 1996 s. 7)

The Registrar is responsible for the maintenance and custody of the Specialist Register. (Added 7 of 1996 s. 7)

The Council shall set an examination, called the Licensing Examination, the passing of which shows the achievement of a standard acceptable for registration, under section 8(1)(b), as a medical practitioner.

Without prejudice to section 7A, the Council 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 medicine, surgery and midwifery which a person must comply with before the Council allows him to take the Licensing Examination or any part thereof.

The Council may prohibit a person from taking the Licensing Examination if the person has taken any one part of the Licensing Examination 5 consecutive times and has failed each time.

Subject to subsection (5) and such conditions as the Council thinks fit, the Council may exempt a person from taking any part of the Licensing Examination.

The Council shall not exempt a person from taking any part or parts of the Licensing Examination in respect of medical knowledge unless the person satisfies the Council that he has substantial experience of the practice of medicine and surgery, or, as the case may be, medicine, surgery and midwifery.

The Council may delegate any or all of its functions under this section to the Committee.

No person shall be eligible to take the Licensing Examination unless— (Amended 7 of 1996 s. 40)

For the purpose of subsection (1)(b)(i), the 5 years full time medical training shall include a period of internship as approved by the Council. (Added 7 of 1996 s. 40)

A person is not qualified to be registered as a medical practitioner under section 14 unless—

The Council may, with the prior approval of the Legislative Council, by notice in the Gazette, amend Schedule 1.

A certificate for the purposes of section 8(1)(a) shall not be granted in respect of any person unless after passing a qualifying examination he has been engaged in employment in a resident medical capacity in an approved hospital or in an approved institution for such period as may be prescribed. (Amended 87 of 1995 s. 7)

A person satisfying the condition specified in subsection (1) may apply to the university specified in Schedule 1 which awarded him the degree of medicine and surgery for a certificate under this section, and if the university is satisfied that— (Amended 63 of 1982 s. 7; 87 of 1995 s. 7; 7 of 1996 s. 42)

the university shall grant, in such form as may be specified by the Council, a certificate that it is so satisfied. (Amended 87 of 1995 s. 7; 7 of 1996 s. 42)

Time during which an applicant, while employed as mentioned in subsection (1) has been engaged in midwifery, not exceeding such period as may be prescribed, shall be counted for the purposes of subsection (2)(a) either as time spent in medicine or as time spent in surgery, as the applicant may elect.

Where during any period of such employment as is referred to in subsection (1) an applicant who has been engaged in medicine has also been engaged in surgery or in midwifery or both, or an applicant who has been engaged in surgery has also been engaged in midwifery, the period shall be apportioned for the purposes of this section in such manner as may be determined by the body granting the qualifying diploma by virtue of which the applicant claims registration.

In this section—

A person who has passed the Licensing Examination and who wishes to be registered as a medical practitioner under section 14 or 14C shall complete, to the satisfaction of the Council, such period of assessment as the Council may determine, not exceeding the prescribed period, in an approved hospital or in an approved institution. (Amended 87 of 1995 s. 9; 37 of 2021 s. 8)

The Council may reduce the period of assessment determined in the case of any person, or may extend the period so determined and any such extension of that period may require a period of assessment exceeding the prescribed period.

Where the Council is of the opinion that a person undergoing a period of assessment is unlikely to attain the professional standards required of a registered medical practitioner, the Council may terminate that person’s period of assessment. (Amended 87 of 1995 s. 9)

A person who has passed the Licensing Examination or a qualifying examination may be provisionally registered, on application to the Registrar and production to the Registrar of evidence to the satisfaction of the Registrar that—

and on payment of a prescribed fee. (Replaced 87 of 1995 s. 11)

(Repealed 31 of 2025 s. 74)

Any person who has been provisionally registered in Part II of the General Register shall be deemed to be registered as far as is necessary— (Amended 70 of 1976 s. 7; 87 of 1995 s. 11; 7 of 1996 s. 43)

but not further.

No degree or qualification shall be entered on the General Register, either on the first registration or by way of addition to a registered name, unless the Registrar is satisfied by such evidence as he may consider sufficient that the person claiming such degree or qualification is entitled thereto.

Every person registered under this Ordinance who obtains any additional degree or other qualification other than the qualification in respect of which he has been registered, shall be entitled subject to the provisions of this section to have such additional degree or other qualification inserted in the General Register in substitution for or in addition to the qualification previously registered.

The Council may decide what additional degrees and other qualifications may be entered on the General Register.

Where the Council is of the opinion that a degree or qualification, previously allowed to be entered on the General Register, is no longer appropriate to be entered on it, the Council may, after giving notice to all the persons registered with the degree or qualification, erase the degree or qualification from the entry on the General Register of the persons concerned. (Added 7 of 1996 s. 8)

(Repealed 31 of 2025 s. 75)

Applications for registration under this section shall be made in such manner and form as the Registrar determines and shall be accompanied by such documents and particulars and by such fee as may be prescribed. (Replaced 7 of 1996 s. 9)

Where a person has complied with the provisions of subsection (2), he shall, subject to the provisions of this Ordinance, be registered by the Registrar who shall issue to him a licence of the Medical Council of Hong Kong in such form as the Registrar determines. (Amended 87 of 1995 s. 13; 7 of 1996 s. 44)

The Council may, if satisfied after due inquiry that an applicant for registration—

order that the name of the applicant be not entered upon the General Register. (Added 95 of 1970 s. 3. Amended 33 of 1971 s. 2; 7 of 1996 s. 44)

Section 21 and Parts III, IV and X of the Medical Practitioners (Registration and Disciplinary Procedure) Regulation (Cap. 161 sub. leg. E) that are capable of application to an inquiry held for the purposes of this section apply to the inquiry, as if the references to an inquiry panel in those provisions were references to the Council. (Replaced 15 of 2018 s. 8)

The Council, having regard to any representations made to it, may determine and promulgate from time to time the employment or type of employment in respect of which limited registration is appropriate or necessary.

A person wishing to be registered under this section may apply to the Registrar in such manner or form as the Registrar may determine and shall submit to the Registrar such documents and particulars and such fee as may be prescribed. (Added 87 of 1995 s. 14)

Subject to subsection (2A), where a person satisfies the Council— (Amended 87 of 1995 s. 14)

he shall, if the Council so directs, be registered as a medical practitioner with limited registration.

A person who does not satisfy the Council that he fulfils the requirements of subsection (2)(b), (c) or (d) but satisfies the Council that he fulfils the other requirements of subsection (2) may, if the Council so directs, be registered as a medical practitioner with limited registration subject to such restrictions and conditions regarding his practice as specified by the Council. (Added 87 of 1995 s. 14)

The limits of a person’s registration under this section shall be defined in the direction under subsection (2) or (2A) by specifying—

and such registration shall have effect for the period and for the purposes of the employment or type of employment specified in the direction. (Amended 87 of 1995 s. 14)

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

Where the Council refuses an application referred to in subsection (4), the Secretary shall forthwith notify the applicant in writing of the refusal and the grounds for refusal.

Section 14 shall apply, with necessary modifications, to an application for limited registration made under this section.

Where a person with limited registration under this section applies for renewal of the registration, such renewal shall, if the Council so directs, be renewed—

Upon renewal of limited registration under this section, the Registrar shall issue a new certificate of limited registration in such form as the Registrar determines. (Amended 7 of 1996 s. 10)

In this section—

Where a specified institution intends to engage a person— (Amended 37 of 2021 s. 9)

exclusively in performing clinical teaching or research for the institution, the institution shall apply to the Council in such form as specified by the Council on behalf of the person for temporary registration of the person and shall supply such further information about the person as required by the Council.

(Repealed 37 of 2021 s. 9)

Where the Academy of Medicine supports the engagement by a private hospital of a person referred to in subsection (1) exclusively in performing clinical teaching or research in the private hospital, the Department of Health may, at the request of the Academy of Medicine and upon such conditions as the Department thinks fit, apply to the Council in such form as specified by the Council for temporary registration of the person and the Academy of Medicine shall supply such further information about the person as required by the Council.

The Council may determine and promulgate the details to be supplied under subsection (1) or (3).

Where the Council is satisfied that it is appropriate and necessary for the person, the subject of an application under subsection (1) or (3), to be registered under this section to enable him to perform the clinical teaching or research concerned, the Council may direct the Registrar to register him as a medical practitioner with temporary registration for a period not exceeding 14 days.

No certificate or licence is issued on a registration under this section.

The Council may delegate its power under this section to a committee or the Registrar.

The Registrar must grant a registration under this section to a person, or renew under this section a registration so granted to a person, if—

An application for the grant or renewal of a special registration must be—

The requirements for the grant of a special registration are that—

The requirements for the renewal of a special registration are that—

If the Registrar has doubts about whether an applicant has met the requirement specified in subsection (3)(c) or (4)(b), the Registrar must refer the matter to the Council which is to—

If the result or findings mentioned in subsection (5) are that an applicant has not met the requirement specified in subsection (3)(c) or (4)(b), the Registrar is to be regarded as not being satisfied that the applicant has met the requirement and must accordingly refuse the application concerned.

Section 21, and Parts III, IV and X of the Medical Practitioners (Registration and Disciplinary Procedure) Regulation (Cap. 161 sub. leg. E), with necessary modifications, apply to an inquiry held for the purposes of subsection (5).

The Registrar must, by written notice, notify the applicant of—

If a special registration is granted or renewed, the Registrar must, on receipt of the prescribed fee from the applicant, register the applicant’s name in Part V of the General Register and issue a certificate of special registration to the applicant.

In this section—

For the purposes of paragraph (a) of the definition of specified person in section 14C(10), if, on the date a person enrols on a programme that leads to the award of a medical qualification by a body (material date)—

that qualification is, in relation to the person, a recognized medical qualification, and any place that on the material date is specified in column 2 of that Part is, in relation to the person, a qualifying place.

Also, for the purposes of paragraph (a) of the definition of specified person in section 14C(10), if—

that qualification is, in relation to the person, a recognized medical qualification, and any place specified in column 2 of that Part is, in relation to the person, a qualifying place.

In subsection (2)—

The special registration of a person is in force until the earliest of the following—

A person with special registration may be engaged as a medical practitioner only in the offering institution.

In this section—

A committee is established with the name “Special Registration Committee” in English and “特別註冊委員會” in Chinese for making recommendations independently to the Registrar direct on the medical qualifications to be recognized (or no longer to be recognized) for the purposes of section 14C.

The Special Registration Committee is established under the Council so that the Council may provide the administrative, secretarial or other services the Committee requests for performing its functions under this Ordinance.

The Special Registration Committee may only recommend a medical qualification—

If the Secretary for Health considers that the public interest so requires, the Secretary for Health may issue to the Special Registration Committee directives about the Committee’s performance of its functions under this Ordinance. (Amended L.N. 144 of 2022)

In this section—

The Special Registration Committee is to consist of the following members—

The Chief Executive is to appoint a member of the Special Registration Committee to be the chairperson of the Committee (chairperson), who is to preside at the meetings of the Committee.

The quorum for a meeting of the Special Registration Committee is 3 members of the Committee.

In a meeting of the Special Registration Committee, the chairperson has, in all matters in which a decision is taken by vote (however described)—

The Special Registration Committee may transact any of its business by circulation of papers without meeting, and a resolution signed by a majority of the members of the Committee is as valid and effective as if it had been passed at a meeting of the Committee.

The validity of any proceedings of the Special Registration Committee is not affected by—

A person mentioned in subsection (1)(g) or (h)—

Subject to this section, the Special Registration Committee may determine its own procedure.

As soon as may be after 1 January of every year, the Registrar shall prepare and publish in the Gazette a list of the names, addresses, registration numbers, and other particulars the Registrar considers appropriate, of all persons whose names appear on Part I, III or V of the General Register on 1 January immediately preceding the publication of the list in the Gazette. (Amended 70 of 1976 s. 9; 38 of 1992 s. 6; 87 of 1995 s. 15; 7 of 1996 s. 45)

As soon as may be after 1 July of every year, the Registrar shall prepare and publish in the Gazette a list of the names, addresses, registration numbers, and other particulars the Registrar considers appropriate, of all persons whose names were added to Part I, III or V of the General Register between 1 January and 1 July of such year. (Amended 70 of 1976 s. 9; 38 of 1992 s. 6; 87 of 1995 s. 15; 7 of 1996 s. 45)

The publication of a list referred to in subsection (1) or (2) shall be prima facie evidence that each person named in such list is registered.

The absence of the name of any person from the list last published under subsection (1) and any list subsequently published under subsection (2) shall be prima facie evidence that such person is not registered.

A certificate under the hand of the Registrar stating that the name of a person is or is not at any date or was or was not at any date registered in Part I, III, IV or V of the General Register or provisionally registered in Part II of the General Register, as the case may be, shall be conclusive evidence in all courts of law of the facts stated in such certificate. (Replaced 7 of 1996 s. 45)

Subject to section 20A, every registered medical practitioner shall be entitled to practise medicine, surgery and midwifery and to recover in due course of law reasonable charges for professional aid, advice and visits and the value of any medicine or any medical or surgical appliances rendered, made or supplied by him to his patients. (Amended 70 of 1975 s. 5)

Subject to the provisions of sections 30 and 31, 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 medical practitioner: Provided that nothing in this subsection shall affect the practice of midwifery by any person duly licensed in that behalf under the provisions of any law in force in Hong Kong. (Amended 25 of 1984 s. 10)

The Council may order the removal from the General Register of the name of any person who—

Any person who fails to acknowledge within 4 months after the date of dispatch the receipt of a registered letter or a telegram addressed to him at the last address in Hong Kong supplied by him to the Registrar shall be deemed to have failed to supply the Registrar with an address under subsection (1)(d).

A registered medical practitioner who is resident outside Hong Kong and has ceased to practise medicine, surgery or midwifery in Hong Kong, or any branch of medicine or surgery in Hong Kong, may apply to the Registrar for the transfer of his name from the resident list to the non-resident list as specified in Part I of the General Register.

Subject to—

the Registrar may transfer the applicant’s name from the resident list to the non-resident list and upon the transfer, shall issue to the applicant a certificate to the effect that he is, subject to any conditions and restrictions specified in the certificate, entitled to have his name remain in the General Register for the period specified in the certificate.

If the registered medical practitioner is desirous of having his name remain on the non-resident list beyond the period specified in the certificate issued under subsection (2), he may, within 2 months before the expiry of the certificate, apply to the Registrar for renewal of the certificate.

Upon an application under subsection (3) and subject to—

the Registrar shall issue to the applicant a certificate to the effect that he is, subject to any conditions and restrictions specified in the certificate, entitled to have his name remain in the General Register for the period specified in the certificate.

Where a registered medical practitioner returns to Hong Kong and resumes the practice of medicine, surgery or midwifery in Hong Kong, or any branch of medicine or surgery in Hong Kong, he shall apply to the Registrar for—

Upon an application under subsection (5)(a) and subject to—

the Registrar may transfer the applicant’s name from the non-resident list to the resident list.

If—

the Registrar shall, at the same time when he removes that person’s name from the General Register, also order the removal of his name from the Specialist Register.

The Council may, upon a recommendation of the Education and Accreditation Committee, order the removal of the name of a registered medical practitioner from the Specialist Register permanently or for a period as the Council thinks fit. (Amended 15 of 2018 s. 10)

The Registrar may on payment of the prescribed fee amend any entry in the General Register or the Specialist Register if any alteration in or addition to the address or qualification of or other relevant information relating to the person named in such entry shall have come to his knowledge. (Amended 63 of 1982 s. 9)

The Registrar shall make such amendments to the General Register or the Specialist Register as are made necessary by any decision of the Council or an inquiry panel. (Amended 15 of 2018 s. 11)

Subject to this section, a registered medical practitioner shall not practise medicine, surgery or midwifery in Hong Kong, or any branch of medicine or surgery in Hong Kong, unless he is the holder of a practising certificate which is then in force.

On application made to the Registrar for the purpose of the issue of a practising certificate by a registered medical practitioner, and subject to—

the Registrar shall issue to the registered medical practitioner a certificate to the effect that he is, subject to any conditions and restrictions specified in the certificate, entitled to practise medicine, surgery and midwifery in Hong Kong. (Replaced 7 of 1996 s. 16)

Where a practising certificate is issued pursuant to an application made during the course of a year in respect of that year, the certificate shall, subject to subsections (4A), (4B) and (5), be in force from the time of its issue until the end of that year. (Amended 7 of 1996 s. 16)

Where a practising certificate is issued pursuant to an application made during the course of a year in respect of the following year, the certificate shall, subject to subsections (4A), (4B) and (5), be in force for a period of 12 months commencing on 1 January in that following year. (Amended 7 of 1996 s. 16)

Where a practising certificate for limited registration is issued or renewed under section 14A, the certificate shall, subject to subsection (5), be in force for the period specified in the certificate. (Added 38 of 1992 s. 7)

Where a practising certificate is issued to a person registered under section 14B or 14C, the certificate shall, subject to subsection (5), be in force for the period specified in the certificate. (Added 7 of 1996 s. 16. Amended 37 of 2021 s. 12)

If at any time during the currency of a practising certificate issued under this section, the holder of the certificate ceases to be registered under this Ordinance, the certificate shall thereupon be deemed to be cancelled. (Amended 34 of 1995 s. 14)

Any person who is required under this section to be the holder of a practising certificate under this section shall be deemed to have obtained the certificate when he has duly applied to the Registrar and paid the prescribed fee for the issue of the practising certificate.

This section applies to any person registered under section 14, 14A, 14B or 14C, but does not apply to— (Amended 37 of 2021 s. 12)

A person who is required under this section to be the holder of a practising certificate shall not be entitled to recover any fees, costs or other remuneration unless he was, at the time when the cause of action arose, the holder of a valid practising certificate.

If any registered medical practitioner contravenes subsection (1) of section 20A, the amount of the prescribed fee payable by him under subsection (2) of that section shall be recoverable as a civil debt by complaint made in the name of the Registrar to a magistrate.

A summons issued in relation to the recovery of the prescribed fee for the issue of a practising certificate under this section may, notwithstanding section 8(2) of the Magistrates Ordinance (Cap. 227), be served by sending it by post to the medical practitioner concerned at his last known address; and a certificate purporting to be signed by or on behalf of the Registrar shall, until the contrary is proved, be evidence of service of the summons.

If in any proceedings under this section—

the magistrate shall, if he is satisfied that the practitioner has been given an adequate period of notice of the proceedings, proceed to deal with the complaint as if the practitioner had appeared.

In any proceedings under this section a certificate purporting to be under the hand of the Registrar to the effect that the medical practitioner concerned had not paid the prescribed fee for the issue of a practising certificate shall, until the contrary is proved, be evidence of non-payment of the fee.

If the magistrate makes an order requiring the medical practitioner to pay the prescribed fee for the issue of a practising certificate, he shall at the same time make an order requiring the medical practitioner to pay an additional amount by way of surcharge at the rate of treble the amount of the said prescribed fee.

For the purposes of section 51 of the Magistrates Ordinance (Cap. 227) any fee and surcharge which a medical practitioner is liable to pay under this section shall be deemed to be a sum of money required to be paid under an order by a magistrate.

On recovery from a medical practitioner of a prescribed fee under this section, together with the surcharge ordered to be paid under subsection (5), the Registrar shall, if the medical practitioner’s name appears on the General Register, issue the medical practitioner with the appropriate practising certificate. (Amended 34 of 1995 s. 15; 7 of 1996 s. 17)

The Council may establish such committees for the better performance of its duties and exercise of its powers as it thinks fit.

Without prejudice to the generality of the Council’s power to establish committees under subsection (1), the Council may establish the following committees in accordance with this Ordinance, namely— (Amended 15 of 2018 s. 12)

The functions of the committees established under subsection (2) are specified by this Ordinance or delegated by the Council. (Added 15 of 2018 s. 12)

Subject to subsection (4) and the relevant provisions relating to a committee established under subsection (2), the Council may appoint members of the Council, and persons who are not such members, to be members of a committee.

The Council must not appoint to a committee a person in respect of whom an order has been made under section 21 or 21A at any time. (Replaced 15 of 2018 s. 12)

Only a member of the Council is eligible to be appointed as the chairman of a committee mentioned in subsection (2)(a), (b), (c) or (e). (Amended 15 of 2018 s. 12)

If any committee has, in the opinion of the Council, acted in a manner that is prejudicial to the interest of the public or the medical profession, and not less than 3 quarters of the members of the Council resolve that the committee should be dissolved, the Council may dissolve the committee.

Upon a dissolution of a committee under subsection (6), the Council may perform the functions of the committee so dissolved which are assigned by this Ordinance and shall make such appointments as are necessary to re-establish the committee with new membership within 3 months of the dissolution.

A committee may appoint a sub-committee to perform any function assigned or delegated to the committee.

The relevant provisions of Schedule 2 have effect with respect to a committee or a sub-committee established under this section.

Subject to subsection (11), a sub-committee may include persons who are not members of the committee.

A committee must not appoint to a sub-committee a person in respect of whom an order has been made under section 21 or 21A at any time. (Replaced 15 of 2018 s. 12)

A committee appointing a sub-committee (other than a sub- committee of the Licentiate Committee appointed for the purpose of hearing a review under section 20G) shall not appoint any person other than a member of the committee to be the chairman of the sub-committee.

Part VII of the Interpretation and General Clauses Ordinance (Cap. 1) applies to a committee or a sub-committee established under this section and appointments to the committee or sub-committee except in so far as it is inconsistent with this Ordinance.

The Council may by order published in the Gazette amend Schedule 2.

Subject to subsection (6), the Council may request a nominating authority to nominate a number of persons specified by the Council for appointment as lay assessors.

A person is eligible for nomination as a lay assessor only if the person—

The Council may, for the purposes of subsection (2)(b), specify requirements relating to the qualifications and experience of a lay assessor.

Subject to subsections (5) and (6), the Council must appoint a person nominated by a nominating authority under subsection (1) as a lay assessor.

The Council may not appoint a person as a lay assessor if—

The number of lay assessors nominated by a nominating authority and holding office at any time must be—

In this section—

Subject to subsection (6), the Council may request a nominating authority to nominate a number of persons specified by the Council for appointment as medical assessors.

A person is eligible for nomination as a medical assessor only if the person—

The Council may, for the purposes of subsection (2)(b), specify requirements relating to the qualifications and experience of a medical assessor.

Subject to subsections (5) and (6), the Council must appoint a person nominated by a nominating authority under subsection (1) as a medical assessor.

The Council may not appoint a person as a medical assessor if—

The number of medical assessors nominated by a nominating authority and holding office at any time must be—

In this section—

An assessor—

However, an assessor may, at any time, resign by giving notice in writing to the Chairman.

In addition, the Council may declare an assessor’s office to be vacant if the assessor—

If the Council decides to establish the Licentiate Committee, the Council shall appoint to the Committee—

(Repealed 7 of 1996 s. 19)

Any member of the Licentiate Committee who is not a public officer shall hold office for 3 years but shall be eligible for re-appointment.

There shall be a Secretary of the Licentiate Committee who shall be appointed by the Director.

(Repealed 7 of 1996 s. 19)

At any meeting of the Licentiate Committee 5 members shall be a quorum.

(Repealed 7 of 1996 s. 19)

The Council may delegate any of its powers and functions under or by virtue of section 7, 7A or 10A to the Licentiate Committee. (Replaced 7 of 1996 s. 20)

The Licentiate Committee may delegate any powers and functions which have been delegated to it under subsection (1) to any sub-committee appointed under section 20E. (Amended 7 of 1996 s. 20)

Subject to subsection (2), the Licentiate Committee may appoint sub-committees to discharge any powers or functions delegated to the Licentiate Committee under section 20D(1).

The Licentiate Committee shall appoint a sub-committee for the purpose of hearing a review under section 20G and shall appoint—

(Repealed 7 of 1996 s. 21)

Any person aggrieved by a decision of the Licentiate Committee or of any sub-committee established by the Licentiate Committee made in pursuance of the respective powers conferred on them may appeal against the decision in accordance with this section and section 20G. (Replaced 7 of 1996 s. 22)

In the case of a decision of a sub-committee discharging any power or function under or by virtue of section 7(5), the person aggrieved may, within 14 days of being notified of the sub-committee’s decision, appeal against that decision to the Licentiate Committee. (Added 25 of 1984 s. 9)

Upon the hearing of an appeal made under subsection (1A) the Licentiate Committee may confirm, vary or revoke the decision of the sub-committee. (Added 25 of 1984 s. 9)

In the case of a decision of the Licentiate Committee, including a decision under subsection (1B) but not a decision under section 20G(4), the person aggrieved may, within 14 days of being notified of the Committee’s decision, appeal to the Council against that decision. (Amended 25 of 1984 s. 9)

Upon the hearing of the appeal the Council may confirm, vary or revoke the decision of the Licentiate Committee.

The decision of the Council under subsection (3) shall be final.

In the case of a decision of a sub-committee of the Licentiate Committee, the person aggrieved may, within 14 days of being notified of the sub-committee’s decision, apply to the review sub-committee for a review of the sub-committee’s decision.

Upon the hearing of a review under subsection (1) the review sub-committee may confirm, vary or revoke the decision of the sub-committee.

Any person aggrieved by a decision of the review sub- committee may, within 14 days of the decision, appeal against that decision to the Licentiate Committee.

Upon the hearing of an appeal the Licentiate Committee may confirm, vary or revoke the decision of the review sub-committee.

The decision of the Licentiate Committee under this section shall be final.

If the Council decides to establish the Education and Accreditation Committee, the Council shall appoint to the Committee—

Any member of the Education and Accreditation Committee who is not a public officer shall hold office for 3 years but shall be eligible for reappointment.

The quorum of a meeting of the Education and Accreditation Committee is 5, including the chairman.

The Education and Accreditation Committee has the following functions— (Amended 15 of 2018 s. 14)

The Education and Accreditation Committee must act in accordance with the regulations made under section 33. (Added 15 of 2018 s. 14)

A registered medical practitioner who wishes to have his name included in the Specialist Register shall apply to the Registrar in such form as may be determined by the Registrar.

Where the Registrar is satisfied that an applicant—

the Registrar shall refer the application to the Education and Accreditation Committee for its consideration.

Where an applicant does not satisfy the requirements in subsection (2), the Registrar shall refer the matter to the Academy of Medicine for its certification as to whether the applicant has achieved a professional standard comparable to that recognized by the Academy for the award of its fellowship and has completed postgraduate medical training and has satisfied the continuing medical education requirements comparable to those recommended by the Academy, for the relevant specialty.

If on a referral by the Registrar under subsection (3), the Academy of Medicine certifies that the applicant has not achieved that standard or has not completed that training and satisfied those requirements, the Registrar shall reject the applicant’s application, stating the reason for rejection.

If an application is rejected by the Registrar, the applicant may appeal to the Education and Accreditation Committee for its consideration of the appeal.

On a referral by the Registrar under subsection (2), the Education and Accreditation Committee shall, if it is also satisfied that the applicant is of good character, recommend to the Council that his name be included in the Specialist Register.

On an appeal under subsection (5), the Education and Accreditation Committee shall, if it is satisfied that the applicant—

recommend to the Council that his name be included in the Specialist Register, otherwise the Education and Accreditation Committee shall recommend to the Council that his application for inclusion of name in the Specialist Register be rejected.

On a recommendation by the Education and Accreditation Committee under subsection (6) or (7), the Council shall determine the application, and if the Council approves the application and, subject to the payment of the fee recommended by the Committee for this purpose, the Council shall direct the Registrar—

If the Council rejects an application under this section, it shall inform the applicant in writing, stating the reasons for the rejection.

Where the Education and Accreditation Committee comes to the notice of any complaint or information relating to the suitability of a registered medical practitioner to have his name included in, or removed from, the Specialist Register, including but not limiting to anything about qualification, experience, or failure of the registered medical practitioner to comply with section 20L, the Committee may, after considering all the circumstances of the case before it—

After the Education and Accreditation Committee has decided to take any course of action under subsection (1)(b), (c) or (d), it shall notify the registered medical practitioner concerned in writing.

Within 14 days after receiving a notification under subsection (2), the registered medical practitioner may request, in writing and setting out the reasons relied upon, the Education and Accreditation Committee to review its decision.

After receiving a request under subsection (3), the Education and Accreditation Committee shall review its decision and notify, in writing, the registered medical practitioner of its decision after the review within 1 month after receiving the request.

Within 14 days after receiving a notification under section 20N(4), the registered medical practitioner may appeal against the decision of the Education and Accreditation Committee to the Council in writing setting out the reasons relied upon.

In determining an appeal under subsection (1), the Council may—

The Council may affirm, vary or reverse the decision of the Education and Accreditation Committee appealed against.

The decision of the Council under this section is final.

If the Council decides to establish the Ethics Committee, the Council shall appoint to the Committee—

A member of the Ethics Committee appointed under subsection (1)(d) shall hold office for such period between 6 months to 3 years as the Council may specify in his letter of appointment. Other members of the Ethics Committee shall hold office for 3 years.

The quorum of a meeting of the Ethics Committee is 5, including the chairman.

Except for a case referred under section 20Y(a), the Ethics Committee shall report its views and recommendations to the Council. (Amended 15 of 2018 s. 17)

The Council may, after considering a report of the Ethics Committee, pronounce the recommendations of the Committee, with or without modifications.

Where the Council makes a pronouncement under subsection (2), the matters about medical ethics and professional conduct as pronounced shall be accepted as the prevailing view in all proceedings and meetings of the Council, any committee established by the Council or any sub-committee established by such a committee.

The Council may at any time review a matter pronounced under subsection (2) and, subject to subsection (5), shall do so if—

The Council may decline to entertain a request by the Ethics Committee or by registered medical practitioners on the same matter made within 6 months of the last request.

A pronouncement under subsection (2) may be expressed as supplementary to or in substitution for a previous pronouncement under that subsection.

If the Council decides to establish a Preliminary Investigation Committee, it must appoint to the Committee—

The Council must appoint—

At a meeting of a Preliminary Investigation Committee, the quorum is 3 persons, at least one of whom is a member appointed under subsection (1)(b). (Replaced 15 of 2018 s. 18)

In addition—

At a meeting of a Preliminary Investigation Committee, the chairman or, in his absence, the deputy chairman, shall preside. (Amended 15 of 2018 s. 18)

Notwithstanding subsection (3), if both the chairman and the deputy chairman declare their interest in respect of a particular case which is to be decided at a meeting, neither of them may preside at the meeting and the other members present and who form a quorum must elect a person from among themselves to preside at the meeting. (Amended 15 of 2018 s. 18)

A member of a Preliminary Investigation Committee—

A Preliminary Investigation Committee has the following functions— (Amended 15 of 2018 s. 19)

A matter brought to the attention of a Preliminary Investigation Committee for determining whether a referral should be made to an inquiry panel, or whether the Health Committee should be recommended to conduct a hearing, must first be considered by the chairman of the Preliminary Investigation Committee or, in his absence, the deputy chairman thereof.

If a Preliminary Investigation Committee decides to exercise its function described in subsection (1)(b), it must send a written notification of the decision to the Council. (Added 15 of 2018 s. 19)

A Preliminary Investigation Committee, its chairman and deputy chairman shall act in accordance with such regulations in relation to their procedure made under section 33.

If the Council decides to establish the Health Committee, the Council shall appoint to the Committee—

A member of the Health Committee appointed under subsection (1)(f) shall hold office for such period between 6 and 12 months as the Council may specify in his letter of appointment. Other members of the Health Committee shall hold office for 12 months.

The quorum of a meeting of the Health Committee is 5, including the chairman, at least one of whom is a member appointed under subsection (1)(g), subject to the majority being registered medical practitioners. (Amended 15 of 2018 s. 20)

The Health Committee has the following functions—

The Health Committee shall act in accordance with the regulations made under section 33.

On making a recommendation under section 20V(1)(c) or (d), the Health Committee shall notify the registered medical practitioner concerned in writing.

Within 14 days after receiving a notification under subsection (1), the registered medical practitioner may appeal to the Council against the Committee’s recommendation, setting out the reasons relied upon.

In determining an appeal under subsection (2), the Council may—

The Council may affirm, vary or reverse the recommendation of the Health Committee appealed against.

The decision of the Council under this section is final.

The Council must appoint an inquiry panel for the inquiry of a case if—

An inquiry panel appointed under subsection (1) must consist of—

The Council must appoint a member of an inquiry panel to be the chairperson of the panel.

If, before the proceedings of an inquiry panel are concluded, a vacancy occurs in the membership of the panel because of the death, resignation or otherwise of a member, the Council must, as soon as possible, appoint another inquiry panel to hold a new inquiry.

Subsection (4) does not apply if, when the vacancy occurs because of the circumstances mentioned in that subsection—

If, after due inquiry into any case referred to it by a Preliminary Investigation Committee in accordance with regulations made under section 33, or any case remitted by the Court of Appeal, an inquiry panel is satisfied that any registered medical practitioner— (Amended 15 of 2018 s. 23)

the panel may, in its discretion, exercise one or more of the following powers— (Amended 15 of 2018 s. 23)

and may, in any case, make such order as the panel thinks fit with regard to the payment of the costs of the Registrar, the Secretary, any complainant or any person presenting the case to the panel or of the registered medical practitioner, and any costs awarded may be recovered summarily as a civil debt in accordance with the provisions of section 67 of the Magistrates Ordinance (Cap. 227). (Amended 30 of 1966 s. 4; 95 of 1970 s. 4; 7 of 1996 s. 26; 15 of 2018 s. 23)

An order made by an inquiry panel under subsection (1) must be signed by the chairperson of the panel. (Added 15 of 2018 s. 23)

For the purpose of subsection (1)—

(Repealed 15 of 2018 s. 23)

Nothing in this section shall be deemed to require an inquiry panel to inquire into the question whether the registered medical practitioner was properly convicted but the panel 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. (Amended 15 of 2018 s. 23)

(Repealed 15 of 2018 s. 23)

A member of a Preliminary Investigation Committee who took part in the preliminary investigation of a complaint or information must not attend a meeting of an inquiry panel while it is inquiring into the complaint or information under this section. (Replaced 15 of 2018 s. 23)

An inquiry panel may, within 14 days after the conclusion of an inquiry, of its own initiative but not otherwise, review any decision or order made in the inquiry. (Added 7 of 1996 s. 26. Amended 15 of 2018 s. 23)

For the purpose of a review under subsection (4B), an inquiry panel may invite the parties to the inquiry and other persons who have appeared before it in the inquiry to appear again before it, by themselves or by their counsel or solicitors. (Added 7 of 1996 s. 26. Amended 15 of 2018 s. 23)

If, before a review under subsection (4B) is concluded, a vacancy occurs in the membership of an inquiry panel because of the death, resignation or otherwise of a member, the Council must, as soon as possible, appoint another inquiry panel to conduct the review. (Added 15 of 2018 s. 23)

Subsection (4CA) does not apply if, when the vacancy occurs because of the circumstances mentioned in that subsection, the inquiry panel—

On a review by an inquiry panel under subsection (4B), the panel must—

Where an order under subsection (1) is made without an order under subsection (1)(iva) being made at the same time, within 1 month after the expiry of the time within which an appeal against an order under subsection (1) may be made to the Court of Appeal under section 26 or, if such an appeal has been made, within 1 month after the appeal is finally determined, the Council— (Amended 10 of 2005 s. 62)

Where an order under subsection (1)(iva) is made at the same time as any order under subsection (1)(i), (ii), (iii), (iiia), (iiib) or (iv) is made, the Council shall, as soon as possible, publish the orders in the Gazette. (Added 7 of 1996 s. 26. Amended 7 of 1996 s. 26)

Where any order is published in the Gazette under subsection (5) or (5A), the Council— (Amended 7 of 1996 s. 26)

Upon a recommendation by the Health Committee under section 20V(1)(c) and either, the time for appeal against the recommendation under section 20W has expired and there is no appeal, or the Council has decided on an appeal against the decision under section 20W, if the Council is satisfied that the registered medical practitioner concerned is, by reason of health, physically or mentally unfit to practise medicine, surgery or midwifery, the Council may, in its discretion, exercise one or more of the following powers— (Amended 15 of 2018 s. 24)

Where an order under subsection (1) is made without an order under subsection (1)(d) being made at the same time, within 1 month after the expiry of the time within which an appeal against an order under subsection (1) may be made to the Court of Appeal under section 26 or, if such an appeal has been made, within 1 month after the appeal is finally determined, the Council shall publish the order or, if the order is varied on appeal, the order as so varied in the Gazette. (Amended 10 of 2005 s. 63)

Where an order under subsection (1)(d) is made at the same time as any order under subsection (1)(a) or (b) is made, the Council shall, as soon as possible, publish the orders in the Gazette. (Amended 15 of 2018 s. 24)

Where any order is published in the Gazette under subsection (2) or (3), the Council—

For the purposes of an inquiry under section 21, an inquiry panel has power to do one or more of the following things— (Amended 15 of 2018 s. 26)

For the purpose of a hearing, the Health Committee has power to do one or more of the following things— (Amended 15 of 2018 s. 26)

A hearing by the Health Committee shall be held in private. (Added 7 of 1996 s. 28)

Summonses to witnesses may be in the form that a specified body decides and must be signed by the authorized person for the specified body. (Amended 7 of 1996 s. 28; 15 of 2018 s. 26)

A summons to witness may be served personally, by post or by registered post. (Added 7 of 1996 s. 28)

If it appears to an inquiry panel or the Health Committee that it is necessary to do so in the interests of the complainant, the registered medical practitioner concerned in the inquiry or the hearing, or any witness concerned, the panel or the Health Committee may order that all or any information relating to the inquiry or hearing shall not be disclosed. (Added 7 of 1996 s. 28. Amended 15 of 2018 s. 26)

A person who does not comply with an order under subsection (4) commits an offence and is liable on summary conviction to a fine at level 3 and to imprisonment for 6 months. (Added 7 of 1996 s. 28)

In subsection (2)—

The complainant in any inquiry under section 21 and the person whose conduct is the subject of such inquiry shall be entitled to be represented by counsel or by a solicitor throughout the inquiry. (Amended 7 of 1996 s. 30)

A person whose fitness to practise is the subject of a hearing by the Health Committee is entitled to be assisted by counsel or by a solicitor at the hearing. (Added 7 of 1996 s. 30. Amended 15 of 2018 s. 28)

A copy of any order made under section 21(1)(i), (ii), (iii), (iiia), (iiib), (iv) or (iva) or 21A(1) shall be served forthwith by the Registrar upon the registered medical practitioner concerned, either personally or by registered post addressed to his registered address. (Amended 39 of 1974 s. 3)

If an inquiry panel makes an order under section 21(1)(v), the Registrar must immediately serve the order, together with the warning letter, on the registered medical practitioner concerned, either personally or by registered post addressed to the practitioner’s registered address. (Replaced 15 of 2018 s. 29)

Unless an order under section 21(1)(iva) is made at the same time as another order is made under section 21(1) (inquiry panel’s order) or an order under section 21A(1)(d) is made at the same time as another order is made under section 21A(1) (Council’s order), the Registrar shall not remove the name of the registered medical practitioner from the General Register or, as may be appropriate, the Specialist Register— (Replaced 7 of 1996 s. 31. Amended 10 of 2005 s. 64; 15 of 2018 s. 29)

Any person whose name has been removed from the General Register under the provisions of this Ordinance, or whose name had been, prior to the commencement^# of this Ordinance, removed under the provisions of the Medical Registration Ordinance 1935 (41 of 1935) from the register kept in accordance with the provisions of that Ordinance, may apply to the Council for the restoration of his name to the General Register and the Council in its absolute discretion and after such inquiry and subject to the submission of evidence that he has not been convicted in Hong Kong or elsewhere of any offence punishable with imprisonment and has not been guilty of misconduct in a professional respect while practising in Hong Kong or elsewhere and to such conditions, as it may consider desirable, may either allow or refuse the application, and if it allows the same, shall order the Registrar on payment by the applicant of the prescribed fee to restore the name of the applicant to the General Register, and thereupon the Registrar shall restore the name accordingly. (Replaced 32 of 1958 s. 2. Amended 63 of 1982 s. 11)

Section 21 and Parts III, IV and X of the Medical Practitioners (Registration and Disciplinary Procedure) Regulation (Cap. 161 sub. leg. E) that are capable of application to an inquiry held for the purposes of this section apply to the inquiry, as if the references to an inquiry panel in those provisions were references to the Council. (Added 15 of 2018 s. 29)

Any order made by the Council as aforesaid shall be signed by the Chairman.

Any registered medical practitioner who is aggrieved by any order made in respect of him under section 19, 19B(2) or 21A may appeal to the Court of Appeal, and the Court of Appeal may thereupon affirm, reverse or vary the order appealed against, or remit the case to the Council for reconsideration. (Amended 15 of 2018 s. 30)

A registered medical practitioner who is aggrieved by an order made by an inquiry panel in respect of the practitioner under section 21 may appeal to the Court of Appeal, and the Court may—

(Repealed 10 of 2005 s. 60)

The practice in relation to an appeal under this section is subject to any rules of court made under the High Court Ordinance (Cap. 4): (Amended 25 of 1998 s. 2; 15 of 2018 s. 30)

Provided that the Court of Appeal shall not have power to hear any appeal against an order made under section 21 or 21A unless notice of such appeal was given within 1 month of the service of the order in accordance with section 25(1) or (1A). (Amended 15 of 2018 s. 30)

In deciding any appeal under this section the Court of Appeal may make such order for the payment of costs as it considers reasonable. (Added 95 of 1970 s. 5)

At a meeting held as a result of a case remitted by the Court of Appeal under subsection (1), the validity of the proceedings before the Council is not to be called into question only because—

At an inquiry held as a result of a case remitted by the Court of Appeal under subsection (1A)(b)(ii) (new inquiry), the validity of the proceedings before the new panel is not to be called into question only because—

Any person who—

commits an offence and is liable on conviction to a fine at level 6 and to imprisonment for 3 years. (Replaced 7 of 1996 s. 34)

Subject to subsection (3), any person who not being registered or provisionally registered or exempted from registration—

Subsection (2) shall not apply to any treatment—

For the purposes of this section a person who fraudulently procures himself to be registered by making or producing or causing to be made or produced, any false or fraudulent representation or declaration, either oral or in writing, shall be deemed not to have been so registered. (Added 68 of 1986 s. 5)

Any person with limited registration who wilfully and falsely pretends to be qualified, or takes or uses any name or title implying that he is qualified, to practise medicine or surgery or to be registered, beyond the limits defined in a direction under section 14A(2) or (7) relating to that registration commits an offence and is liable on summary conviction to a fine at level 3 and to imprisonment for 6 months. (Added 38 of 1992 s. 8. Amended E.R. 7 of 2020)

For the purposes of this section and section 32, a person with limited registration shall be deemed not to have been registered insofar as his registration does not have effect under section 14A. (Added 38 of 1992 s. 8)

Without prejudice to any Ordinance relating to the prosecution of criminal offences or to the powers of the Secretary for Justice in relation to the prosecution of criminal offences, prosecutions for an offence in connection with the practice of Chinese medicine shall only be brought under the Chinese Medicine Ordinance (Cap. 549). (Added 47 of 1999 s. 164)

Notwithstanding that he may not be entitled to be registered, a person who is registered as a medical practitioner in a state, territory or place outside Hong Kong and who is employed by the government of that state, territory or place, as the case may be, may, with the consent of the Chief Executive, conduct medical examinations of applicants for admission into that state, territory or place, as the case may be, with a view to ascertaining their fitness for admission. (Amended 7 of 1996 s. 35; 23 of 1998 s. 2)

Such consent may be given subject to such conditions as the Chief Executive may think fit to impose and may be revoked at any time in the absolute discretion of the Chief Executive.

Nothing in this Ordinance shall be deemed to affect the right of any Chinese medicine practitioner registered or listed under the Chinese Medicine Ordinance (Cap. 549), not being a person taking or using any name, title, addition or description calculated to induce anyone to believe that he is qualified to practise medicine or surgery under this Ordinance, to practise Chinese medicine in accordance with the provisions of that Ordinance.

For the purposes of this section—

Notwithstanding the provisions of section 31 and subject to subsection (1A), no person unless he is a registered medical practitioner or is provisionally registered shall hold himself out as being qualified, competent or willing to undertake the treatment of diseases of the human eye or the prescription of remedies therefor, or the giving of advice in connexion with the treatment thereof. (Amended 47 of 1999 s. 166)

Nothing in this section shall be taken to prohibit—

Any person who contravenes the provisions of subsection (1) commits an offence and is liable on summary conviction to a fine at level 6 and to imprisonment for 3 years. (Amended 68 of 1986 s. 6; 87 of 1995 s. 16)

The Chief Executive in Council may by regulation provide for— (Amended 37 of 2000 s. 3)

Any regulations made under subsection (1)(e) may provide for different fees to be paid by different categories of medical practitioners. (Added 70 of 1975 s. 9)

The Secretary for Health may by regulation provide for— (Amended L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)

The Permanent Secretary may, by regulation, provide for the procedure and other matters in relation to an election or appointment to an office of the Council under section 3(2)(ga), including the qualifications of candidates, the eligibility requirements for electors and subscribers for a nomination paper, the particulars of any system of voting and counting, the determination of election results and questioning of the results. (Added 15 of 2018 s. 31)

The Council may by regulation provide for—

Any regulation under subsection (4) shall not be made unless the prior approval of the Secretary for Health has been obtained. (Added 7 of 1996 s. 36. Amended L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)

Without prejudice to the generality of subsections (3), (3A) and (4), regulations made under those subsections may— (Amended 15 of 2018 s. 31)

On the commencement* of section 6 of the Medical Registration (Amendment) Ordinance 1995 (87 of 1995), the Registrar shall transfer the particulars of all the persons—

A person whose name was recorded in Part III of the register kept immediately before the commencement of section 6 of the Medical Registration (Amendment) Ordinance 1995 (87 of 1995) and was transferred, under subsection (1)(a), to Part I of the General Register is deemed to be registered in accordance with the provisions of section 14.

A person whose name was recorded in Part IV of the register kept immediately before the commencement of section 6 of the Medical Registration (Amendment) Ordinance 1995 (87 of 1995) and was transferred, under subsection (1)(b), to Part II of the General Register is deemed to be provisionally registered in accordance with the provisions of section 12.

A person whose name was recorded in Part IV of the register kept immediately before the commencement of section 6 of the Medical Registration (Amendment) Ordinance 1995 (87 of 1995) and has been transferred to Part II of the General Register pursuant to subsection (1)(b)—

A Preliminary Investigation Committee as constituted before the commencement** of Part IIIE shall continue in existence for the purposes of completing any investigation, formulation of charges and reference to the Council commenced before that commencement and anything done by that Committee pursuant to this subsection has the same force and effect as if it were a Preliminary Investigation Committee constituted under Part IIIE.

A review sub-committee as constituted before the date of appointment of the new Licentiate Committee under section 20E after the commencement*** of section 19 of the Medical Registration (Amendment) Ordinance 1996 (7 of 1996) shall continue in existence for the purposes of completing any review under section 20G commenced before that date of appointment and anything done by that sub-committee pursuant to this subsection has the same force and effect as if it were a review sub-committee appointed by the new Licentiate Committee.

(Repealed 31 of 2025 s. 76)

The transitional and savings provisions as set out in Schedule 6 have effect.

The Secretary for Health may, by notice published in the Gazette, amend Schedule 6. (Amended L.N. 144 of 2022)