Hong Kong Ordinances

HOSPITALS, NURSING HOMES AND MATERNITY HOMES REGISTRATION ORDINANCE - SECT 5

Notice of refusal or of cancellation of registration

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 37 of 2000 s. 3

(1) Before making an order refusing an application for registration or an
order cancelling any registration the Director shall give to the applicant or
to the person registered, as the case may be, not less than 14 days' notice of
his intention to make such an order, and every such notice shall state the
grounds on which he intends to make the order and shall contain an intimation
that, if within 14 days after the receipt of the notice the applicant or
person registered informs him in writing that he desires so to do, he will,
before making the order, give him (in person or by a representative) an
opportunity of showing cause why the order should not be made.

(2) If the Director, after giving the applicant or the person registered (if
under the provisions of subsection (1) he is entitled so to do) an opportunity
of showing cause as aforesaid, decides to refuse the application for
registration or to cancel the registration, he shall make an order to that
effect and shall send a copy of the order by registered post to the applicant
or the person registered.

(3) Any person aggrieved by an order refusing an application for registration
or cancelling any registration may, within 14 days after the date on which the
copy of the order was sent to him, appeal against it by way of petition to the
Chief Executive in Council. (Amended 17 of 1966 s. 8; 37 of 2000 s. 3)

(4) No such order shall come into force until the expiration of 14 days from
the date on which it was made, or, where notice of appeal is given against it,
until the appeal has been decided or withdrawn. [cf. 1927 c. 38 s. 3 U.K.]