CHINESE MEDICINE ORDINANCE - CHAPTER 549 CHINESE MEDICINE ORDINANCE - LONG TITLE Long title VerDate: An Ordinance to make provisions for the registration of practitioners in Chinese medicine; the licensing of traders in Chinese medicines; the registration of proprietary Chinese medicines; and other related matters. [Sections 1 to 50 (except sections 7(a)(ii), 9(a), 18(a)(ii), 20(a), 35(a)(ii), 37(a) and 40(2)), 112, 113, 154, 157, 159 and 161 and Schedules 1 to 5 } } 6 August 1999 L.N. 214 of 1999 Sections 7(a)(ii), 9(a), 18(a)(ii), 20(a), 35(a)(ii), 37(a), 40(2), 51 to 107 (except section 90(8)), 160 and 166 } } 16 August 2000 L.N. 250 of 2000 Sections 108(1), (2), (3)(b), (4) and (5)(b), 151, 164(a)(i) and (ii) and (b) and 168(b) } } 1 March 2002 L.N. 6 of 2002 Sections 164(a)(iii), 165, 168(a) and 170(a) and (b) } 1 March 2002 (partly in operation) L.N. 6 of 2002 Sections 108(3)(a) and (5)(a), 114 to 118, 132, 133, 135 to 141, 145 to 149 and 153 } } 30 April 2003 L.N. 53 of 2003 Sections 120 to 128, 130, 162, 163, 167 and 175 } 19 December 2003 L.N. 227 of 2003 Sections 109, 110, 111, 131, 134 and 142 Section 150(1) (in so far as it relates to the contravention of sections 109, 110, 111, 131, 134 and 142) Sections 150(2) and 152 Section 155 (in so far as it relates to the contravention of sections 109, 110, 111, 131, 134, 142, 146(3) and (4), 153(3) and 154) Sections 156(1) and 158(1), (2) and (3) Section 158(4) (in so far as it relates to a listed Chinese medicine practitioner) Section 158(6) (except in relation to a proprietary Chinese medicine which is compounded by or under the supervision of a person who continues to practise Chinese medicine by virtue of section 90(7) or which is individually prepared or compounded in accordance with a prescription given by such a person) Sections 158(7) and (8), 169, 171, 172, 173 and 174 } } } } } } } } } } } } } 11 January 2008 L.N. 218 of 2007] (Originally 47 of 1999) CHINESE MEDICINE ORDINANCE - SECT 1 Short title and commencement VerDate:01/07/2007 For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph (12) of that Resolution. PART I PRELIMINARY (1) This Ordinance may be cited as the Chinese Medicine Ordinance. (2) This Ordinance shall come into operation on a day to be appointed by the Secretary for Food and 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) CHINESE MEDICINE ORDINANCE - SECT 1 Short title and commencement VerDate:01/07/2002 PART I PRELIMINARY (1) This Ordinance may be cited as the Chinese Medicine Ordinance. (2) This Ordinance shall come into operation on a day to be appointed by the Secretary for Health, Welfare and Food by notice in the Gazette, and different days may be so appointed for different provisions. (Amended L.N. 106 of 2002) CHINESE MEDICINE ORDINANCE - SECT 1 Short title and commencement VerDate:06/08/1999 PART I PRELIMINARY (1) This Ordinance may be cited as the Chinese Medicine Ordinance. (2) This Ordinance shall come into operation on a day to be appointed by the Secretary for Health and Welfare by notice in the Gazette, and different days may be so appointed for different provisions. CHINESE MEDICINE ORDINANCE - SECT 2 Interpretation VerDate:01/07/2007 For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph (12) of that Resolution. (1) In this Ordinance, unless the context otherwise requires- (Amended 10 of 2005 s. 121) "active ingredient" (有效成分) in relation to a proprietary Chinese medicine, means a substance or compound that is used or is intended to be used in the manufacture of the proprietary Chinese medicine and that contributes to the pharmacological effect or effects of the proprietary Chinese medicine; "board" (組) means the Practitioners Board or the Medicines Board established under section 12; "certificate of registration" (註冊證明書)- (a) in relation to a registered Chinese medicine practitioner registered under section 69, means a certificate issued under section 72; (b) in relation to a proprietary Chinese medicine, means a certificate issued under section 121; "Chairman" (管委會主席) means the Chairman of the Council and includes any person elected to act as temporary Chairman at any meeting of the Council in accordance with the standing orders made under section 49; "Chinese herbal medicine" (中藥材) means any of the substances specified in Schedule 1 or 2; "Chinese Medicines Committee" (中藥管理小組) means the committee established under section 25(1)(b)(i); "Chinese Medicines Traders Committee" (中藥業管理小組) means the committee established under section 25(1)(b)(ii); "committee" (小組) means a committee established under section 25 or 39; "Council" (管委會) means the Chinese Medicine Council of Hong Kong established under section 3; "Director" (署長) means the Director of Health or a Deputy Director of Health; "Disciplinary Committee of Chinese Medicine Practitioners" (紀律小組) means the committee established under section 25(1)(a)(iii); "dispense" (配發) means the preparation and supply of Chinese herbal medicines on or in accordance with a prescription given by 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), and "dispensing" (配發) and "dispenser" (配劑員) shall be construed accordingly; "domestic premises" (住用處所) means any premises which are constructed or intended to be used for habitation; "due inquiry" (適當的研訊) means an inquiry by the Practitioners Board conducted substantially in accordance with the prescribed procedure; "Examination Committee" (考試小組) means the committee established under section 25(1)(a)(ii); "functions" (職能) includes duties and powers; "label" (標籤) includes any statement forming part of or affixed to the container or package of Chinese herbal medicines or proprietary Chinese medicines; "Licensing Examination" (執業資格試) means the Chinese Medicine Practitioners Licensing Examination set and conducted by the Practitioners Board under section 59; "limited registration" (有限制註冊) means registration under section 85; "listed Chinese medicine practitioner" (表列中醫) means a Chinese medicine practitioner whose name is entered on the list maintained by the Practitioners Board under section 90; "manufacture" (製造) in relation to a proprietary Chinese medicine, means the preparation, production, packing or re-packing of the proprietary Chinese medicine for sale or distribution, and "manufacturer" (製造商) shall be construed accordingly; "manufacturer licence" (製造商牌照) means a licence issued under section 132; "Medicines Board" (中藥組) means the Chinese Medicines Board established under section 12(b); "package" (包裝)- (a) means any box, packet or other article in which any proprietary Chinese medicine is enclosed; and (b) in the case where such box, packet or other article is enclosed in one or more other boxes, packets or other articles, includes each of the boxes, packets or articles in question; "package insert" (說明書) means any leaflet, notification or other written material supplied with the package of a proprietary Chinese medicine to provide information in respect of the proprietary Chinese medicine, but does not include a label; "practising certificate" (執業證明書) means a certificate issued under section 76; "practising Chinese medicine" (作中醫執業、以中醫方式行醫) means any of the following act or activities- (a) the diagnosis, treatment, prevention or alleviation of any disease or any symptom of a disease; (b) the prescription of Chinese herbal medicines or proprietary Chinese medicines; (c) the regulation of the functional states of the human body, on the basis of traditional Chinese medicine in general practice, acupuncture or bone-setting, and "Chinese medicine practice" or "practice of Chinese medicine" (中醫執業) shall be construed accordingly; "Practitioners Board" (中醫組) means the Chinese Medicine Practitioners Board established under section 12(a); "prescribed" (訂明) means prescribed by regulations made under section 161; "process" or "processing" (炮製) means any type of treatment or preparation applied to a Chinese herbal medicine or mixture of Chinese herbal medicines based on traditional Chinese medicine before it is being- (a) offered for sale; (b) supplied to a patient; or (c) used for the manufacture of a proprietary Chinese medicine; "proprietary Chinese medicine" (中成藥) means any proprietary product- (a) composed solely of the following as active ingredients- (i) any Chinese herbal medicines; or (ii) any materials of herbal, animal or mineral origin customarily used by the Chinese; or (iii) any medicines and materials referred to in subparagraphs (i) and (ii) respectively; (b) formulated in a finished dose form; and (c) known or claimed to be used for the diagnosis, treatment, prevention or alleviation of any disease or any symptom of a disease in human beings, or for the regulation of the functional states of the human body; "Register" (註冊名冊) means the Register of Chinese Medicine Practitioners kept in accordance with section 52; "registered Chinese medicine practitioner" (註冊中醫)- (a) means a person whose name appears on the Register and who is registered under section 69 or 85; (b) excludes a person whose name is entered on the list maintained by the Practitioners Board under section 90; "registered particulars" (註冊詳情) means the particulars of a proprietary Chinese medicine required under section 121(1)(b); "Registrar" (註冊主任) means the Registrar of Chinese Medicine Practitioners appointed under section 51; "registration assessment" (註冊審核) means the assessment conducted by the Practitioners Board under section 94; "Registration Committee" (註冊事務小組) means the committee established under section 25(1)(a)(i); "Regulatory Committee of Chinese Medicines Traders" (中藥業監管小組) means the committee established under section 25(1)(b)(iii); "retail" or "retailing" (零售) means the selling of any Chinese herbal medicines to a person who obtains the same other than for the purpose of wholesale, and "retailer" (零售商) shall be construed accordingly; "retailer licence" (零售商牌照) means a licence issued under section 114; "Secretary" (局長) means the Secretary for Food and Health; (Amended L.N. 106 of 2002; L.N. 130 of 2007) "sell" (銷售、出售) includes- (a) offer or expose for sale; (b) supply without payment; and (c) offer or expose for supply without payment, and "sale" (銷售) and "seller" (銷售商) shall be construed accordingly; "trade of Chinese medicines" (中藥業) means the carrying out of business in the dispensing, retailing, wholesale dealing, manufacturing, importing, or processing of any Chinese herbal medicine or proprietary Chinese medicine, as the case may be, and "Chinese medicines trader" (中藥業者) shall be construed accordingly; "wholesale" (批發) or "wholesale dealing" (批發交易) means- (a) the importing and selling; or (b) the obtaining and selling, of any Chinese herbal medicine or proprietary Chinese medicine to- (i) a manufacturer; or (ii) a person who obtains such medicine for the purpose of- (A) selling again; or (B) supplying or causing to supply, such medicine to a third party in the course of business or activity carried out by that person, and "wholesaler" and "wholesale dealer" (批發商) shall be construed accordingly; "wholesaler licence in Chinese herbal medicines" (中藥材批發商牌照) means a licence issued under section 115; "wholesaler licence in proprietary Chinese medicines" (中成藥批發商牌照) means a licence issued under section 135. (2) 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- (a) when the appeal to the Court of Appeal is withdrawn or abandoned; (b) when the specified period expires without an application for leave to appeal having been made to the Court of Appeal; (c) if, before the expiry of the specified period, an application for leave to appeal is made to the Court of Appeal- (i) when the application is withdrawn or abandoned; (ii) if the application is refused, when the specified period expires without an application for leave to appeal having been made to the Court of Final Appeal; or (iii) if the application is granted, when the appeal to the Court of Final Appeal is withdrawn, abandoned or disposed of; or (d) if, before the expiry of the specified period, an application for leave to appeal is made to the Court of Final Appeal- (i) when the application is withdrawn, abandoned or refused; or (ii) if the application is granted, when the appeal to the Court of Final Appeal is withdrawn, abandoned or disposed of. (Added 10 of 2005 s. 121) (3) In subsection (2)- "application for leave to appeal" (上訴許可申請) means an application made to the Court of Appeal or the Court of Final Appeal under section 24 of the Hong Kong Court of Final Appeal Ordinance (Cap 484) for leave to appeal to the Court of Final Appeal from a judgment of the Court of Appeal; "specified period" (指明限期)- (a) in the case of an application for leave to appeal made to the Court of Appeal, means- (i) subject to subparagraph (ii), the period of 28 days within which the notice of motion referred to in section 24(2) of the Hong Kong Court of Final Appeal Ordinance (Cap 484) is required to be filed; or (ii) if, on an application made within the 28-day period referred to in subparagraph (i), the Court of Appeal extends that period, the period as so extended; or (b) in the case of an application for leave to appeal made to the Court of Final Appeal, means- (i) subject to subparagraph (ii), the period of 28 days within which the notice of motion referred to in section 24(4) of the Hong Kong Court of Final Appeal Ordinance (Cap 484) is required to be filed; or (ii) if, on an application made within the 28-day period referred to in subparagraph (i), the Court of Final Appeal extends that period, the period as so extended. (Added 10 of 2005 s. 121) "active ingredient" (有效成分) "board" (組) "certificate of registration" (註冊證明書) "Chairman" (管委會主席) "Chinese herbal medicine" (中藥材) "Chinese Medicines Committee" (中藥管理小組) "Chinese Medicines Traders Committee" (中藥業管理小組) "committee" (小組) "Council" (管委會) "Director" (署長) "Disciplinary Committee of Chinese Medicine Practitioners" (紀律小組) "dispense" (配發) "dispensing" (配發) and "dispenser" (配劑員) "domestic premises" (住用處所) "due inquiry" (適當的研訊) "Examination Committee" (考試小組) "functions" (職能) "label" (標籤) "Licensing Examination" (執業資格試) "limited registration" (有限制註冊) "listed Chinese medicine practitioner" (表列中醫) "manufacture" (製造) "manufacturer" (製造商) "manufacturer licence" (製造商牌照) "Medicines Board" (中藥組) "package" (包裝) "package insert" (說明書) "practising certificate" (執業證明書) "practising Chinese medicine" (作中醫執業、以中醫方式行醫) "Chinese medicine practice" or "practice of Chinese medicine" (中醫執業) "Practitioners Board" (中醫組) "prescribed" (訂明) "process" or "processing" (炮製) "proprietary Chinese medicine" (中成藥) "Register" (註冊名冊) "registered Chinese medicine practitioner" (註冊中醫) "registered particulars" (註冊詳情) "Registrar" (註冊主任) "registration assessment" (註冊審核) "Registration Committee" (註冊事務小組) "Regulatory Committee of Chinese Medicines Traders" (中藥業監管小組) "retail" or "retailing" (零售) "retailer" (零售商) "retailer licence" (零售商牌照) "Secretary" (局長) "sell" (銷售、出售) "sale" (銷售) and "seller" (銷售商) "trade of Chinese medicines" (中藥業) "Chinese medicines trader" (中藥業者) "wholesale" (批發) or "wholesale dealing" (批發交易) "wholesaler" and "wholesale dealer" (批發商) "wholesaler licence in Chinese herbal medicines" (中藥材批發商牌照) "wholesaler licence in proprietary Chinese medicines" (中成藥批發商牌照) "application for leave to appeal" (上訴許可申請) "specified period" (指明限期) CHINESE MEDICINE ORDINANCE - SECT 2 Interpretation VerDate:08/07/2005 (1) In this Ordinance, unless the context otherwise requires- (Amended 10 of 2005 s. 121) "active ingredient" (有效成分) in relation to a proprietary Chinese medicine, means a substance or compound that is used or is intended to be used in the manufacture of the proprietary Chinese medicine and that contributes to the pharmacological effect or effects of the proprietary Chinese medicine; "board" (組) means the Practitioners Board or the Medicines Board established under section 12; "certificate of registration" (註冊證明書)- (a) in relation to a registered Chinese medicine practitioner registered under section 69, means a certificate issued under section 72; (b) in relation to a proprietary Chinese medicine, means a certificate issued under section 121; "Chairman" (管委會主席) means the Chairman of the Council and includes any person elected to act as temporary Chairman at any meeting of the Council in accordance with the standing orders made under section 49; "Chinese herbal medicine" (中藥材) means any of the substances specified in Schedule 1 or 2; "Chinese Medicines Committee" (中藥管理小組) means the committee established under section 25(1)(b)(i); "Chinese Medicines Traders Committee" (中藥業管理小組) means the committee established under section 25(1)(b)(ii); "committee" (小組) means a committee established under section 25 or 39; "Council" (管委會) means the Chinese Medicine Council of Hong Kong established under section 3; "Director" (署長) means the Director of Health or a Deputy Director of Health; "Disciplinary Committee of Chinese Medicine Practitioners" (紀律小組) means the committee established under section 25(1)(a)(iii); "dispense" (配發) means the preparation and supply of Chinese herbal medicines on or in accordance with a prescription given by 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), and "dispensing" (配發) and "dispenser" (配劑員) shall be construed accordingly; "domestic premises" (住用處所) means any premises which are constructed or intended to be used for habitation; "due inquiry" (適當的研訊) means an inquiry by the Practitioners Board conducted substantially in accordance with the prescribed procedure; "Examination Committee" (考試小組) means the committee established under section 25(1)(a)(ii); "functions" (職能) includes duties and powers; "label" (標籤) includes any statement forming part of or affixed to the container or package of Chinese herbal medicines or proprietary Chinese medicines; "Licensing Examination" (執業資格試) means the Chinese Medicine Practitioners Licensing Examination set and conducted by the Practitioners Board under section 59; "limited registration" (有限制註冊) means registration under section 85; "listed Chinese medicine practitioner" (表列中醫) means a Chinese medicine practitioner whose name is entered on the list maintained by the Practitioners Board under section 90; "manufacture" (製造) in relation to a proprietary Chinese medicine, means the preparation, production, packing or re-packing of the proprietary Chinese medicine for sale or distribution, and "manufacturer" (製造商) shall be construed accordingly; "manufacturer licence" (製造商牌照) means a licence issued under section 132; "Medicines Board" (中藥組) means the Chinese Medicines Board established under section 12(b); "package" (包裝)- (a) means any box, packet or other article in which any proprietary Chinese medicine is enclosed; and (b) in the case where such box, packet or other article is enclosed in one or more other boxes, packets or other articles, includes each of the boxes, packets or articles in question; "package insert" (說明書) means any leaflet, notification or other written material supplied with the package of a proprietary Chinese medicine to provide information in respect of the proprietary Chinese medicine, but does not include a label; "practising certificate" (執業證明書) means a certificate issued under section 76; "practising Chinese medicine" (作中醫執業、以中醫方式行醫) means any of the following act or activities- (a) the diagnosis, treatment, prevention or alleviation of any disease or any symptom of a disease; (b) the prescription of Chinese herbal medicines or proprietary Chinese medicines; (c) the regulation of the functional states of the human body, on the basis of traditional Chinese medicine in general practice, acupuncture or bone-setting, and "Chinese medicine practice" or "practice of Chinese medicine" (中醫執業) shall be construed accordingly; "Practitioners Board" (中醫組) means the Chinese Medicine Practitioners Board established under section 12(a); "prescribed" (訂明) means prescribed by regulations made under section 161; "process" or "processing" (炮製) means any type of treatment or preparation applied to a Chinese herbal medicine or mixture of Chinese herbal medicines based on traditional Chinese medicine before it is being- (a) offered for sale; (b) supplied to a patient; or (c) used for the manufacture of a proprietary Chinese medicine; "proprietary Chinese medicine" (中成藥) means any proprietary product- (a) composed solely of the following as active ingredients- (i) any Chinese herbal medicines; or (ii) any materials of herbal, animal or mineral origin customarily used by the Chinese; or (iii) any medicines and materials referred to in subparagraphs (i) and (ii) respectively; (b) formulated in a finished dose form; and (c) known or claimed to be used for the diagnosis, treatment, prevention or alleviation of any disease or any symptom of a disease in human beings, or for the regulation of the functional states of the human body; "Register" (註冊名冊) means the Register of Chinese Medicine Practitioners kept in accordance with section 52; "registered Chinese medicine practitioner" (註冊中醫)- (a) means a person whose name appears on the Register and who is registered under section 69 or 85; (b) excludes a person whose name is entered on the list maintained by the Practitioners Board under section 90; "registered particulars" (註冊詳情) means the particulars of a proprietary Chinese medicine required under section 121(1)(b); "Registrar" (註冊主任) means the Registrar of Chinese Medicine Practitioners appointed under section 51; "registration assessment" (註冊審核) means the assessment conducted by the Practitioners Board under section 94; "Registration Committee" (註冊事務小組) means the committee established under section 25(1)(a)(i); "Regulatory Committee of Chinese Medicines Traders" (中藥業監管小組) means the committee established under section 25(1)(b)(iii); "retail" or "retailing" (零售) means the selling of any Chinese herbal medicines to a person who obtains the same other than for the purpose of wholesale, and "retailer" (零售商) shall be construed accordingly; "retailer licence" (零售商牌照) means a licence issued under section 114; "Secretary" (局長) means the Secretary for Health, Welfare and Food; (Amended L.N. 106 of 2002) "sell" (銷售、出售) includes- (a) offer or expose for sale; (b) supply without payment; and (c) offer or expose for supply without payment, and "sale" (銷售) and "seller" (銷售商) shall be construed accordingly; "trade of Chinese medicines" (中藥業) means the carrying out of business in the dispensing, retailing, wholesale dealing, manufacturing, importing, or processing of any Chinese herbal medicine or proprietary Chinese medicine, as the case may be, and "Chinese medicines trader" (中藥業者) shall be construed accordingly; "wholesale" (批發) or "wholesale dealing" (批發交易) means- (a) the importing and selling; or (b) the obtaining and selling, of any Chinese herbal medicine or proprietary Chinese medicine to- (i) a manufacturer; or (ii) a person who obtains such medicine for the purpose of- (A) selling again; or (B) supplying or causing to supply, such medicine to a third party in the course of business or activity carried out by that person, and "wholesaler" and "wholesale dealer" (批發商) shall be construed accordingly; "wholesaler licence in Chinese herbal medicines" (中藥材批發商牌照) means a licence issued under section 115; "wholesaler licence in proprietary Chinese medicines" (中成藥批發商牌照) means a licence issued under section 135. (2) 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- (a) when the appeal to the Court of Appeal is withdrawn or abandoned; (b) when the specified period expires without an application for leave to appeal having been made to the Court of Appeal; (c) if, before the expiry of the specified period, an application for leave to appeal is made to the Court of Appeal- (i) when the application is withdrawn or abandoned; (ii) if the application is refused, when the specified period expires without an application for leave to appeal having been made to the Court of Final Appeal; or (iii) if the application is granted, when the appeal to the Court of Final Appeal is withdrawn, abandoned or disposed of; or (d) if, before the expiry of the specified period, an application for leave to appeal is made to the Court of Final Appeal- (i) when the application is withdrawn, abandoned or refused; or (ii) if the application is granted, when the appeal to the Court of Final Appeal is withdrawn, abandoned or disposed of. (Added 10 of 2005 s. 121) (3) In subsection (2)- "application for leave to appeal" (上訴許可申請) means an application made to the Court of Appeal or the Court of Final Appeal under section 24 of the Hong Kong Court of Final Appeal Ordinance (Cap 484) for leave to appeal to the Court of Final Appeal from a judgment of the Court of Appeal; "specified period" (指明限期)- (a) in the case of an application for leave to appeal made to the Court of Appeal, means- (i) subject to subparagraph (ii), the period of 28 days within which the notice of motion referred to in section 24(2) of the Hong Kong Court of Final Appeal Ordinance (Cap 484) is required to be filed; or (ii) if, on an application made within the 28-day period referred to in subparagraph (i), the Court of Appeal extends that period, the period as so extended; or (b) in the case of an application for leave to appeal made to the Court of Final Appeal, means- (i) subject to subparagraph (ii), the period of 28 days within which the notice of motion referred to in section 24(4) of the Hong Kong Court of Final Appeal Ordinance (Cap 484) is required to be filed; or (ii) if, on an application made within the 28-day period referred to in subparagraph (i), the Court of Final Appeal extends that period, the period as so extended. (Added 10 of 2005 s. 121) "active ingredient" (有效成分) "board" (組) "certificate of registration" (註冊證明書) "Chairman" (管委會主席) "Chinese herbal medicine" (中藥材) "Chinese Medicines Committee" (中藥管理小組) "Chinese Medicines Traders Committee" (中藥業管理小組) "committee" (小組) "Council" (管委會) "Director" (署長) "Disciplinary Committee of Chinese Medicine Practitioners" (紀律小組) "dispense" (配發) "dispensing" (配發) and "dispenser" (配劑員) "domestic premises" (住用處所) "due inquiry" (適當的研訊) "Examination Committee" (考試小組) "functions" (職能) "label" (標籤) "Licensing Examination" (執業資格試) "limited registration" (有限制註冊) "listed Chinese medicine practitioner" (表列中醫) "manufacture" (製造) "manufacturer" (製造商) "manufacturer licence" (製造商牌照) "Medicines Board" (中藥組) "package" (包裝) "package insert" (說明書) "practising certificate" (執業證明書) "practising Chinese medicine" (作中醫執業、以中醫方式行醫) "Chinese medicine practice" or "practice of Chinese medicine" (中醫執業) "Practitioners Board" (中醫組) "prescribed" (訂明) "process" or "processing" (炮製) "proprietary Chinese medicine" (中成藥) "Register" (註冊名冊) "registered Chinese medicine practitioner" (註冊中醫) "registered particulars" (註冊詳情) "Registrar" (註冊主任) "registration assessment" (註冊審核) "Registration Committee" (註冊事務小組) "Regulatory Committee of Chinese Medicines Traders" (中藥業監管小組) "retail" or "retailing" (零售) "retailer" (零售商) "retailer licence" (零售商牌照) "Secretary" (局長) "sell" (銷售、出售) "sale" (銷售) and "seller" (銷售商) "trade of Chinese medicines" (中藥業) "Chinese medicines trader" (中藥業者) "wholesale" (批發) or "wholesale dealing" (批發交易) "wholesaler" and "wholesale dealer" (批發商) "wholesaler licence in Chinese herbal medicines" (中藥材批發商牌照) "wholesaler licence in proprietary Chinese medicines" (中成藥批發商牌照) "application for leave to appeal" (上訴許可申請) "specified period" (指明限期) CHINESE MEDICINE ORDINANCE - SECT 2 Interpretation VerDate:01/07/2002 "active ingredient" (有效成分) "board" (組) "certificate of registration" (註冊證明書) "Chairman" (管委會主席) "Chinese herbal medicine" (中藥材) "Chinese Medicines Committee" (中藥管理小組) "Chinese Medicines Traders Committee" (中藥業管理小組) "committee" (小組) "Council" (管委會) "Director" (署長) "Disciplinary Committee of Chinese Medicine Practitioners" (紀律小組) "dispense" (配發) "dispensing" (配發) and "dispenser" (配劑員) "domestic premises" (住用處所) "due inquiry" (適當的研訊) "Examination Committee" (考試小組) "functions" (職能) "label" (標籤) "Licensing Examination" (執業資格試) "limited registration" (有限制註冊) "listed Chinese medicine practitioner" (表列中醫) "manufacture" (製造) "manufacturer" (製造商) "manufacturer licence" (製造商牌照) "Medicines Board" (中藥組) "package" (包裝) "package insert" (說明書) "practising certificate" (執業證明書) "practising Chinese medicine" (作中醫執業、以中醫方式行醫) "Chinese medicine practice" or "practice of Chinese medicine" (中醫執業) "Practitioners Board" (中醫組) "prescribed" (訂明) "process" or "processing" (炮製) "proprietary Chinese medicine" (中成藥) "Register" (註冊名冊) "registered Chinese medicine practitioner" (註冊中醫) "registered particulars" (註冊詳情) "Registrar" (註冊主任) "registration assessment" (註冊審核) "Registration Committee" (註冊事務小組) "Regulatory Committee of Chinese Medicines Traders" (中藥業監管小組) "retail" or "retailing" (零售) "retailer" (零售商) "retailer licence" (零售商牌照) "Secretary" (局長) "sell" (銷售、出售) "sale" (銷售) and "seller" (銷售商) "trade of Chinese medicines" (中藥業) "Chinese medicines trader" (中藥業者) "wholesale" (批發) or "wholesale dealing" (批發交易) "wholesaler" and "wholesale dealer" (批發商) "wholesaler licence in Chinese herbal medicines" (中藥材批發商牌照) "wholesaler licence in proprietary Chinese medicines" (中成藥批發商牌照) In this Ordinance, unless the context otherwise requires- "active ingredient" (有效成分) in relation to a proprietary Chinese medicine, means a substance or compound that is used or is intended to be used in the manufacture of the proprietary Chinese medicine and that contributes to the pharmacological effect or effects of the proprietary Chinese medicine; "board" (組) means the Practitioners Board or the Medicines Board established under section 12; "certificate of registration" (註冊證明書)- (a) in relation to a registered Chinese medicine practitioner registered under section 69, means a certificate issued under section 72; (b) in relation to a proprietary Chinese medicine, means a certificate issued under section 121; "Chairman" (管委會主席) means the Chairman of the Council and includes any person elected to act as temporary Chairman at any meeting of the Council in accordance with the standing orders made under section 49; "Chinese herbal medicine" (中藥材) means any of the substances specified in Schedule 1 or 2; "Chinese Medicines Committee" (中藥管理小組) means the committee established under section 25(1)(b)(i); "Chinese Medicines Traders Committee" (中藥業管理小組) means the committee established under section 25(1)(b)(ii); "committee" (小組) means a committee established under section 25 or 39; "Council" (管委會) means the Chinese Medicine Council of Hong Kong established under section 3; "Director" (署長) means the Director of Health or a Deputy Director of Health; "Disciplinary Committee of Chinese Medicine Practitioners" (紀律小組) means the committee established under section 25(1)(a)(iii); "dispense" (配發) means the preparation and supply of Chinese herbal medicines on or in accordance with a prescription given by 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), and "dispensing" (配發) and "dispenser" (配劑員) shall be construed accordingly; "domestic premises" (住用處所) means any premises which are constructed or intended to be used for habitation; "due inquiry" (適當的研訊) means an inquiry by the Practitioners Board conducted substantially in accordance with the prescribed procedure; "Examination Committee" (考試小組) means the committee established under section 25(1)(a)(ii); "functions" (職能) includes duties and powers; "label" (標籤) includes any statement forming part of or affixed to the container or package of Chinese herbal medicines or proprietary Chinese medicines; "Licensing Examination" (執業資格試) means the Chinese Medicine Practitioners Licensing Examination set and conducted by the Practitioners Board under section 59; "limited registration" (有限制註冊) means registration under section 85; "listed Chinese medicine practitioner" (表列中醫) means a Chinese medicine practitioner whose name is entered on the list maintained by the Practitioners Board under section 90; "manufacture" (製造) in relation to a proprietary Chinese medicine, means the preparation, production, packing or re-packing of the proprietary Chinese medicine for sale or distribution, and "manufacturer" (製造商) shall be construed accordingly; "manufacturer licence" (製造商牌照) means a licence issued under section 132; "Medicines Board" (中藥組) means the Chinese Medicines Board established under section 12(b); "package" (包裝)- (a) means any box, packet or other article in which any proprietary Chinese medicine is enclosed; and (b) in the case where such box, packet or other article is enclosed in one or more other boxes, packets or other articles, includes each of the boxes, packets or articles in question; "package insert" (說明書) means any leaflet, notification or other written material supplied with the package of a proprietary Chinese medicine to provide information in respect of the proprietary Chinese medicine, but does not include a label; "practising certificate" (執業證明書) means a certificate issued under section 76; "practising Chinese medicine" (作中醫執業、以中醫方式行醫) means any of the following act or activities- (a) the diagnosis, treatment, prevention or alleviation of any disease or any symptom of a disease; (b) the prescription of Chinese herbal medicines or proprietary Chinese medicines; (c) the regulation of the functional states of the human body, on the basis of traditional Chinese medicine in general practice, acupuncture or bone-setting, and "Chinese medicine practice" or "practice of Chinese medicine" (中醫執業) shall be construed accordingly; "Practitioners Board" (中醫組) means the Chinese Medicine Practitioners Board established under section 12(a); "prescribed" (訂明) means prescribed by regulations made under section 161; "process" or "processing" (炮製) means any type of treatment or preparation applied to a Chinese herbal medicine or mixture of Chinese herbal medicines based on traditional Chinese medicine before it is being- (a) offered for sale; (b) supplied to a patient; or (c) used for the manufacture of a proprietary Chinese medicine; "proprietary Chinese medicine" (中成藥) means any proprietary product- (a) composed solely of the following as active ingredients- (i) any Chinese herbal medicines; or (ii) any materials of herbal, animal or mineral origin customarily used by the Chinese; or (iii) any medicines and materials referred to in subparagraphs (i) and (ii) respectively; (b) formulated in a finished dose form; and (c) known or claimed to be used for the diagnosis, treatment, prevention or alleviation of any disease or any symptom of a disease in human beings, or for the regulation of the functional states of the human body; "Register" (註冊名冊) means the Register of Chinese Medicine Practitioners kept in accordance with section 52; "registered Chinese medicine practitioner" (註冊中醫)- (a) means a person whose name appears on the Register and who is registered under section 69 or 85; (b) excludes a person whose name is entered on the list maintained by the Practitioners Board under section 90; "registered particulars" (註冊詳情) means the particulars of a proprietary Chinese medicine required under section 121(1)(b); "Registrar" (註冊主任) means the Registrar of Chinese Medicine Practitioners appointed under section 51; "registration assessment" (註冊審核) means the assessment conducted by the Practitioners Board under section 94; "Registration Committee" (註冊事務小組) means the committee established under section 25(1)(a)(i); "Regulatory Committee of Chinese Medicines Traders" (中藥業監管小組) means the committee established under section 25(1)(b)(iii); "retail" or "retailing" (零售) means the selling of any Chinese herbal medicines to a person who obtains the same other than for the purpose of wholesale, and "retailer" (零售商) shall be construed accordingly; "retailer licence" (零售商牌照) means a licence issued under section 114; "Secretary" (局長) means the Secretary for Health, Welfare and Food; (Amended L.N. 106 of 2002) "sell" (銷售、出售) includes- (a) offer or expose for sale; (b) supply without payment; and (c) offer or expose for supply without payment, and "sale" (銷售) and "seller" (銷售商) shall be construed accordingly; "trade of Chinese medicines" (中藥業) means the carrying out of business in the dispensing, retailing, wholesale dealing, manufacturing, importing, or processing of any Chinese herbal medicine or proprietary Chinese medicine, as the case may be, and "Chinese medicines trader" (中藥業者) shall be construed accordingly; "wholesale" (批發) or "wholesale dealing" (批發交易) means- (a) the importing and selling; or (b) the obtaining and selling, of any Chinese herbal medicine or proprietary Chinese medicine to- (i) a manufacturer; or (ii) a person who obtains such medicine for the purpose of- (A) selling again; or (B) supplying or causing to supply, such medicine to a third party in the course of business or activity carried out by that person, and "wholesaler" and "wholesale dealer" (批發商) shall be construed accordingly; "wholesaler licence in Chinese herbal medicines" (中藥材批發商牌照) means a licence issued under section 115; "wholesaler licence in proprietary Chinese medicines" (中成藥批發商牌照) means a licence issued under section 135. CHINESE MEDICINE ORDINANCE - SECT 2 Interpretation VerDate:06/08/1999 In this Ordinance, unless the context otherwise requires- "active ingredient" (有效成分) in relation to a proprietary Chinese medicine, means a substance or compound that is used or is intended to be used in the manufacture of the proprietary Chinese medicine and that contributes to the pharmacological effect or effects of the proprietary Chinese medicine; "board" (組) means the Practitioners Board or the Medicines Board established under section 12; "certificate of registration" (註冊證明書)- (a) in relation to a registered Chinese medicine practitioner registered under section 69, means a certificate issued under section 72; (b) in relation to a proprietary Chinese medicine, means a certificate issued under section 121; "Chairman" (管委會主席) means the Chairman of the Council and includes any person elected to act as temporary Chairman at any meeting of the Council in accordance with the standing orders made under section 49; "Chinese herbal medicine" (中藥材) means any of the substances specified in Schedule 1 or 2; "Chinese Medicines Committee" (中藥管理小組) means the committee established under section 25(1)(b)(i); "Chinese Medicines Traders Committee" (中藥業管理小組) means the committee established under section 25(1)(b)(ii); "committee" (小組) means a committee established under section 25 or 39; "Council" (管委會) means the Chinese Medicine Council of Hong Kong established under section 3; "Director" (署長) means the Director of Health or a Deputy Director of Health; "Disciplinary Committee of Chinese Medicine Practitioners" (紀律小組) means the committee established under section 25(1)(a)(iii); "dispense" (配發) means the preparation and supply of Chinese herbal medicines on or in accordance with a prescription given by 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), and "dispensing" (配發) and "dispenser" (配劑員) shall be construed accordingly; "domestic premises" (住用處所) means any premises which are constructed or intended to be used for habitation; "due inquiry" (適當的研訊) means an inquiry by the Practitioners Board conducted substantially in accordance with the prescribed procedure; "Examination Committee" (考試小組) means the committee established under section 25(1)(a)(ii); "functions" (職能) includes duties and powers; "label" (標籤) includes any statement forming part of or affixed to the container or package of Chinese herbal medicines or proprietary Chinese medicines; "Licensing Examination" (執業資格試) means the Chinese Medicine Practitioners Licensing Examination set and conducted by the Practitioners Board under section 59; "limited registration" (有限制註冊) means registration under section 85; "listed Chinese medicine practitioner" (表列中醫) means a Chinese medicine practitioner whose name is entered on the list maintained by the Practitioners Board under section 90; "manufacture" (製造) in relation to a proprietary Chinese medicine, means the preparation, production, packing or re-packing of the proprietary Chinese medicine for sale or distribution, and "manufacturer" (製造商) shall be construed accordingly; "manufacturer licence" (製造商牌照) means a licence issued under section 132; "Medicines Board" (中藥組) means the Chinese Medicines Board established under section 12(b); "package" (包裝)- (a) means any box, packet or other article in which any proprietary Chinese medicine is enclosed; and (b) in the case where such box, packet or other article is enclosed in one or more other boxes, packets or other articles, includes each of the boxes, packets or articles in question; "package insert" (說明書) means any leaflet, notification or other written material supplied with the package of a proprietary Chinese medicine to provide information in respect of the proprietary Chinese medicine, but does not include a label; "practising certificate" (執業證明書) means a certificate issued under section 76; "practising Chinese medicine" (作中醫執業、以中醫方式行醫) means any of the following act or activities- (a) the diagnosis, treatment, prevention or alleviation of any disease or any symptom of a disease; (b) the prescription of Chinese herbal medicines or proprietary Chinese medicines; (c) the regulation of the functional states of the human body, on the basis of traditional Chinese medicine in general practice, acupuncture or bone-setting, and "Chinese medicine practice" or "practice of Chinese medicine" (中醫執業) shall be construed accordingly; "Practitioners Board" (中醫組) means the Chinese Medicine Practitioners Board established under section 12(a); "prescribed" (訂明) means prescribed by regulations made under section 161; "process" or "processing" (炮製) means any type of treatment or preparation applied to a Chinese herbal medicine or mixture of Chinese herbal medicines based on traditional Chinese medicine before it is being- (a) offered for sale; (b) supplied to a patient; or (c) used for the manufacture of a proprietary Chinese medicine; "proprietary Chinese medicine" (中成藥) means any proprietary product- (a) composed solely of the following as active ingredients- (i) any Chinese herbal medicines; or (ii) any materials of herbal, animal or mineral origin customarily used by the Chinese; or (iii) any medicines and materials referred to in subparagraphs (i) and (ii) respectively; (b) formulated in a finished dose form; and (c) known or claimed to be used for the diagnosis, treatment, prevention or alleviation of any disease or any symptom of a disease in human beings, or for the regulation of the functional states of the human body; "Register" (註冊名冊) means the Register of Chinese Medicine Practitioners kept in accordance with section 52; "registered Chinese medicine practitioner" (註冊中醫)- (a) means a person whose name appears on the Register and who is registered under section 69 or 85; (b) excludes a person whose name is entered on the list maintained by the Practitioners Board under section 90; "registered particulars" (註冊詳情) means the particulars of a proprietary Chinese medicine required under section 121(1)(b); "Registrar" (註冊主任) means the Registrar of Chinese Medicine Practitioners appointed under section 51; "registration assessment" (註冊審核) means the assessment conducted by the Practitioners Board under section 94; "Registration Committee" (註冊事務小組) means the committee established under section 25(1)(a)(i); "Regulatory Committee of Chinese Medicines Traders" (中藥業監管小組) means the committee established under section 25(1)(b)(iii); "retail" or "retailing" (零售) means the selling of any Chinese herbal medicines to a person who obtains the same other than for the purpose of wholesale, and "retailer" (零售商) shall be construed accordingly; "retailer licence" (零售商牌照) means a licence issued under section 114; "Secretary" (局長) means the Secretary for Health and Welfare; "sell" (銷售、出售) includes- (a) offer or expose for sale; (b) supply without payment; and (c) offer or expose for supply without payment, and "sale" (銷售) and "seller" (銷售商) shall be construed accordingly; "trade of Chinese medicines" (中藥業) means the carrying out of business in the dispensing, retailing, wholesale dealing, manufacturing, importing, or processing of any Chinese herbal medicine or proprietary Chinese medicine, as the case may be, and "Chinese medicines trader" (中藥業者) shall be construed accordingly; "wholesale" (批發) or "wholesale dealing" (批發交易) means- (a) the importing and selling; or (b) the obtaining and selling, of any Chinese herbal medicine or proprietary Chinese medicine to- (i) a manufacturer; or (ii) a person who obtains such medicine for the purpose of- (A) selling again; or (B) supplying or causing to supply, such medicine to a third party in the course of business or activity carried out by that person, and "wholesaler" and "wholesale dealer" (批發商) shall be construed accordingly; "wholesaler licence in Chinese herbal medicines" (中藥材批發商牌照) means a licence issued under section 115; "wholesaler licence in proprietary Chinese medicines" (中成藥批發商牌照) means a licence issued under section 135. "active ingredient" (有效成分) "board" (組) "certificate of registration" (註冊證明書) "Chairman" (管委會主席) "Chinese herbal medicine" (中藥材) "Chinese Medicines Committee" (中藥管理小組) "Chinese Medicines Traders Committee" (中藥業管理小組) "committee" (小組) "Council" (管委會) "Director" (署長) "Disciplinary Committee of Chinese Medicine Practitioners" (紀律小組) "dispense" (配發) "dispensing" (配發) and "dispenser" (配劑員) "domestic premises" (住用處所) "due inquiry" (適當的研訊) "Examination Committee" (考試小組) "functions" (職能) "label" (標籤) "Licensing Examination" (執業資格試) "limited registration" (有限制註冊) "listed Chinese medicine practitioner" (表列中醫) "manufacture" (製造) "manufacturer" (製造商) "manufacturer licence" (製造商牌照) "Medicines Board" (中藥組) "package" (包裝) "package insert" (說明書) "practising certificate" (執業證明書) "practising Chinese medicine" (作中醫執業、以中醫方式行醫) "Chinese medicine practice" or "practice of Chinese medicine" (中醫執業) "Practitioners Board" (中醫組) "prescribed" (訂明) "process" or "processing" (炮製) "proprietary Chinese medicine" (中成藥) "Register" (註冊名冊) "registered Chinese medicine practitioner" (註冊中醫) "registered particulars" (註冊詳情) "Registrar" (註冊主任) "registration assessment" (註冊審核) "Registration Committee" (註冊事務小組) "Regulatory Committee of Chinese Medicines Traders" (中藥業監管小組) "retail" or "retailing" (零售) "retailer" (零售商) "retailer licence" (零售商牌照) "Secretary" (局長) "sell" (銷售、出售) "sale" (銷售) and "seller" (銷售商) "trade of Chinese medicines" (中藥業) "Chinese medicines trader" (中藥業者) "wholesale" (批發) or "wholesale dealing" (批發交易) "wholesaler" and "wholesale dealer" (批發商) "wholesaler licence in Chinese herbal medicines" (中藥材批發商牌照) "wholesaler licence in proprietary Chinese medicines" (中成藥批發商牌照) CHINESE MEDICINE ORDINANCE - SECT 3 Establishment of Council VerDate:06/08/1999 PART II THE CHINESE MEDICINE COUNCIL OF HONG KONG There is established a council called the Chinese Medicine Council of Hong Kong. CHINESE MEDICINE ORDINANCE - SECT 4 Composition of Council VerDate:06/08/1999 The Council shall consist of- (a) the Director who shall be an ex officio member; and (b) the following 18 members, each of whom shall be appointed by the Chief Executive- (i) a Chairman; (ii) 2 public officers; (iii) 5 Chinese medicine practitioners; (iv) 5 persons from the trade of Chinese medicines; (v) 2 persons from educational or scientific research institutions in Hong Kong; and (vi) 3 lay persons. CHINESE MEDICINE ORDINANCE - SECT 5 Terms of appointment of members VerDate:06/08/1999 (1) 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. (2) A member may, upon the expiry of his term of office, be reappointed. (3) 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- (a) in the case of a member other than the Chairman, to the Chairman; (b) in the case of the Chairman, to the Chief Executive. CHINESE MEDICINE ORDINANCE - SECT 6 Replacement members VerDate:06/08/1999 Where, before the expiry of his term of office, a member of the Council appointed under section 4(b) resigns or his office becomes vacant, the Chief Executive may appoint a person who is suitably qualified for appointment under section 4(b) to hold office in place of that member until the expiry of the period for which he was appointed. CHINESE MEDICINE ORDINANCE - SECT 7 Vacation of office VerDate:16/08/2000 Where- (a) a member of the Council- (i) is sentenced to imprisonment, whether suspended or not, for any offence by any court or magistrate in Hong Kong or elsewhere; (ii) is the subject of an order made under section 98; or (iii) becomes bankrupt or enters into a voluntary arrangement with his creditors within the meaning of the Bankruptcy Ordinance (Cap 6); or (b) the Chief Executive- (i) is satisfied that a member of the Council is no longer ordinarily resident in Hong Kong; or (ii) is of the opinion that a member of the Council is unable or unfit to perform his duties and exercise his powers as a member of the Council, the Chief Executive may declare his office as a member of the Council to be vacant, and shall notify the fact in such manner as the Chief Executive thinks fit; and upon such declaration the office shall become vacant. CHINESE MEDICINE ORDINANCE - SECT 7 Vacation of office VerDate:06/08/1999 Subsection (a)(ii) not yet in operation Where- (a) a member of the Council- (i) is sentenced to imprisonment, whether suspended or not, for any offence by any court or magistrate in Hong Kong or elsewhere; (ii) is the subject of an order made under section 98; or (iii) becomes bankrupt or enters into a voluntary arrangement with his creditors within the meaning of the Bankruptcy Ordinance (Cap 6); or (b) the Chief Executive- (i) is satisfied that a member of the Council is no longer ordinarily resident in Hong Kong; or (ii) is of the opinion that a member of the Council is unable or unfit to perform his duties and exercise his powers as a member of the Council, the Chief Executive may declare his office as a member of the Council to be vacant, and shall notify the fact in such manner as the Chief Executive thinks fit; and upon such declaration the office shall become vacant. CHINESE MEDICINE ORDINANCE - SECT 8 Temporary members VerDate:06/08/1999 (1) 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. (2) 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. CHINESE MEDICINE ORDINANCE - SECT 9 Disqualification VerDate:16/08/2000 Notwithstanding anything in the foregoing provisions, a person- (a) against whom an order under section 98 has at any time been made; (b) who is- (i) undergoing a sentence of imprisonment; (ii) an undischarged bankrupt; (iii) not ordinarily resident in Hong Kong; or (c) whom the Chief Executive considers unfit for appointment, shall not be eligible for appointment or reappointment, as the case may be, as a member of the Council. CHINESE MEDICINE ORDINANCE - SECT 9 Disqualification VerDate:06/08/1999 Subsection (a) not yet in operation Notwithstanding anything in the foregoing provisions, a person- (a) against whom an order under section 98 has at any time been made; (b) who is- (i) undergoing a sentence of imprisonment; (ii) an undischarged bankrupt; (iii) not ordinarily resident in Hong Kong; or (c) whom the Chief Executive considers unfit for appointment, shall not be eligible for appointment or reappointment, as the case may be, as a member of the Council. CHINESE MEDICINE ORDINANCE - SECT 10 Council secretary and legal adviser VerDate:06/08/1999 (1) The Council shall have- (a) a Council secretary; and (b) a legal adviser who shall be a solicitor or counsel. (2) The persons specified in subsection (1)(a) and (b) shall be appointed by the Secretary. CHINESE MEDICINE ORDINANCE - SECT 11 Functions of council VerDate:06/08/1999 (1) The functions of the Council shall be- (a) to ensure adequate standards of professional practice and professional conduct in the profession of Chinese medicine practitioners; (b) to promote professional education of Chinese medicine practitioners; (c) to ensure adequate standards of practice and conduct in the trade of Chinese medicines; (d) to promote and ensure- (i) the proper use of Chinese herbal medicines; (ii) the safety, quality and efficacy of proprietary Chinese medicines; (e) to co-ordinate and supervise the activities of the boards; and (f) to carry out any other functions assigned to it under this Ordinance. (2) Without prejudice to the generality of subsection (1)(e), the Council shall co-ordinate and supervise the activities of the boards by- (a) determining the policies to be implemented by the boards; (b) examining policy matters in relation to the activities of the boards; (c) examining any proposals, recommendations and reports from the boards regarding the activities of the boards or the implementation of policies and directing the boards to amend any of such proposals or recommendations as it thinks fit; (d) directing the boards to implement such policies and activities as it thinks fit; (e) handling appeals against decisions of the boards as provided for under this Ordinance; (f) providing any advice and assistance as may be required by the boards; and (g) exercising its powers under this Ordinance in such manner as it considers most conducive to the satisfactory performance by each board of the board's functions under this Ordinance. (3) In this section, "boards" (各組) means the Practitioners Board and the Medicines Board. "boards" (各組) CHINESE MEDICINE ORDINANCE - SECT 12 Establishment of boards VerDate:06/08/1999 PART III THE CHINESE MEDICINE PRACTITIONERS BOARD AND THE CHINESE MEDICINES BOARD There are established- (a) the Chinese Medicine Practitioners Board; and (b) the Chinese Medicines Board. CHINESE MEDICINE ORDINANCE - SECT 13 Composition of Practitioners Board VerDate:06/08/1999 The Practitioners Board shall consist of the following members, each of whom shall be appointed by the Secretary- (a) a chairman who shall be a member of the Council; (b) 2 public officers; (c) 6 Chinese medicine practitioners, 2 of whom shall be members of the Council; (d) 1 person from the trade of Chinese medicines; (e) 1 person from an educational or scientific research institution in Hong Kong; and (f) 3 lay persons. CHINESE MEDICINE ORDINANCE - SECT 14 Composition of Medicines Board VerDate:06/08/1999 The Medicines Board shall consist of the following members- (a) the Director who shall be the chairman; and (b) the following persons, each of whom shall be appointed by the Secretary- (i) 2 public officers; (ii) 5 persons from the trade of Chinese medicines, 2 of whom shall be members of the Council; (iii) 2 Chinese medicine practitioners; (iv) 1 person from an educational or scientific research institution in Hong Kong; and (v) 3 lay persons. CHINESE MEDICINE ORDINANCE - SECT 15 Appointment to boards VerDate:06/08/1999 (1) 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. (2) 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. CHINESE MEDICINE ORDINANCE - SECT 16 Terms of appointment of members VerDate:06/08/1999 (1) 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. (2) A member of a board may, upon the expiry of his term of office, be reappointed. (3) 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) in the case of a member other than the chairman, to the chairman; (b) in the case of the chairman, to the Secretary. (4) 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. CHINESE MEDICINE ORDINANCE - SECT 17 Replacement members VerDate:06/08/1999 Where, before the expiry of his term of office, a member of a board resigns or his office becomes vacant, the Secretary may appoint a person who is suitably qualified for appointment to hold office in place of that member until the expiry of the period for which he was appointed. CHINESE MEDICINE ORDINANCE - SECT 18 Vacation of office VerDate:16/08/2000 Where- (a) a member of a board- (i) is sentenced to imprisonment, whether suspended or not, for any offence by any court or magistrate in Hong Kong or elsewhere; (ii) is the subject of an order made under section 98; or (iii) becomes bankrupt or enters into a voluntary arrangement with his creditors within the meaning of the Bankruptcy Ordinance (Cap 6); or (b) the Secretary- (i) is satisfied that a member of a board is no longer ordinarily resident in Hong Kong; or (ii) is of the opinion that a member of a board is unable or unfit to perform his duties and exercise his powers as a member of the board, the Secretary may declare his office as a member of the board to be vacant, and shall notify the fact in such manner as the Secretary thinks fit; and upon such declaration the office shall become vacant. CHINESE MEDICINE ORDINANCE - SECT 18 Vacation of office VerDate:06/08/1999 Subsection (a)(ii) not yet in operation Where- (a) a member of a board- (i) is sentenced to imprisonment, whether suspended or not, for any offence by any court or magistrate in Hong Kong or elsewhere; (ii) is the subject of an order made under section 98; or (iii) becomes bankrupt or enters into a voluntary arrangement with his creditors within the meaning of the Bankruptcy Ordinance (Cap 6); or (b) the Secretary- (i) is satisfied that a member of a board is no longer ordinarily resident in Hong Kong; or (ii) is of the opinion that a member of a board is unable or unfit to perform his duties and exercise his powers as a member of the board, the Secretary may declare his office as a member of the board to be vacant, and shall notify the fact in such manner as the Secretary thinks fit; and upon such declaration the office shall become vacant. CHINESE MEDICINE ORDINANCE - SECT 19 Temporary members VerDate:06/08/1999 (1) 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. (2) 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. CHINESE MEDICINE ORDINANCE - SECT 20 Disqualification VerDate:16/08/2000 Notwithstanding anything in the foregoing provisions, a person- (a) against whom an order under section 98 has at any time been made; (b) who is- (i) undergoing a sentence of imprisonment; (ii) an undischarged bankrupt; (iii) not ordinarily resident in Hong Kong; or (c) whom the Secretary considers unfit for appointment, shall not be eligible for appointment or reappointment, as the case may be, as a member of a board. CHINESE MEDICINE ORDINANCE - SECT 20 Disqualification VerDate:06/08/1999 Subsection (a) not yet in operation Notwithstanding anything in the foregoing provisions, a person- (a) against whom an order under section 98 has at any time been made; (b) who is- (i) undergoing a sentence of imprisonment; (ii) an undischarged bankrupt; (iii) not ordinarily resident in Hong Kong; or (c) whom the Secretary considers unfit for appointment, shall not be eligible for appointment or reappointment, as the case may be, as a member of a board. CHINESE MEDICINE ORDINANCE - SECT 21 Cessation of membership VerDate:06/08/1999 If during the period of his office, a member of a board who is not a member of the Council when appointed, becomes a member of the Council, he ceases to be a member of the board. CHINESE MEDICINE ORDINANCE - SECT 22 Continuation of membership VerDate:06/08/1999 If during the period when the Practitioners Board or the Medicines Board, as the case may be, is- (a) considering a complaint; (b) considering any information; (c) conducting an inquiry; or (d) conducting a review, a member of the board- (i) gives a notice of resignation; or (ii) ceases to be a member by reason of the expiry of his term of office or other circumstances referred to in section 21, the member may continue to be a member of that board for the purpose of completing the performance of his function in respect of paragraph (a), (b), (c) or (d), as the case may be. CHINESE MEDICINE ORDINANCE - SECT 23 Board secretary and legal adviser VerDate:06/08/1999 (1) On each board, there shall be- (a) a board secretary; and (b) a legal adviser who shall be a solicitor or counsel. (2) The persons specified in subsection (1)(a) and (b) shall be appointed by the Secretary. CHINESE MEDICINE ORDINANCE - SECT 24 Functions of boards VerDate:06/08/1999 (1) The functions of the Practitioners Board and the Medicines Board are set out in Parts I and II of Schedule 3 respectively. (2) The Secretary may, after consultation with the Council, by order published in the Gazette, amend Schedule 3. CHINESE MEDICINE ORDINANCE - SECT 25 Committees of boards to be set up VerDate:06/08/1999 PART IV COMMITTEES OF THE CHINESE MEDICINE PRACTITIONERS BOARD AND THE CHINESE MEDICINES BOARD (1) The Council shall establish- (a) under the Practitioners Board, the following committees- (i) the Registration Committee; (ii) the Examination Committee; and (iii) the Disciplinary Committee of Chinese Medicine Practitioners; (b) under the Medicines Board, the following committees- (i) the Chinese Medicines Committee; (ii) the Chinese Medicines Traders Committee; and (iii) the Regulatory Committee of Chinese Medicines Traders, and these committees shall have the functions specified in Parts I, II, III, IV, V and VI of Schedule 4 respectively. (2) The Secretary may, after consultation with the Council, by order published in the Gazette, amend Schedule 4. CHINESE MEDICINE ORDINANCE - SECT 26 Registration Committee VerDate:06/08/1999 The Registration Committee shall consist of the following members, each of whom shall be nominated by the Practitioners Board and appointed by the Council- (a) a chairman who shall be a member of the Practitioners Board; (b) 5 Chinese medicine practitioners; and (c) 1 person from an educational or scientific research institution in Hong Kong. CHINESE MEDICINE ORDINANCE - SECT 27 Examination Committee VerDate:06/08/1999 The Examination Committee shall consist of the following members, each of whom shall be nominated by the Practitioners Board and appointed by the Council- (a) a chairman who shall be a member of the Practitioners Board; (b) 4 Chinese medicine practitioners; and (c) 2 persons from educational or scientific research institutions in Hong Kong. CHINESE MEDICINE ORDINANCE - SECT 28 Disciplinary Committee of Chinese Medicine Practitioners VerDate:06/08/1999 The Disciplinary Committee of Chinese Medicine Practitioners shall consist of the following members, each of whom shall be nominated by the Practitioners Board and appointed by the Council- (a) a chairman who shall be a member of the Practitioners Board; (b) a deputy chairman who shall be a member of the Practitioners Board; (c) 4 Chinese medicine practitioners; and (d) 2 persons who shall be lay members of the Practitioners Board. CHINESE MEDICINE ORDINANCE - SECT 29 Chinese Medicines Committee VerDate:06/08/1999 The Chinese Medicines Committee shall consist of the following members- (a) 1 public officer who shall be appointed by the Director; (b) the Government Chemist or his representative; and (c) the following persons, each of whom shall be nominated by the Medicines Board and appointed by the Council- (i) a chairman who shall be a member of the Medicines Board; (ii) 2 persons from the trade of Chinese medicines; (iii) 1 Chinese medicine practitioner; and (iv) 1 person from an educational or scientific research institution in Hong Kong. CHINESE MEDICINE ORDINANCE - SECT 30 Chinese Medicines Traders Committee VerDate:06/08/1999 The Chinese Medicines Traders Committee shall consist of the following members- (a) 2 public officers who shall be appointed by the Director; and (b) the following persons, each of whom shall be nominated by the Medicines Board and appointed by the Council- (i) a chairman who shall be a member of the Medicines Board; (ii) 2 persons from the trade of Chinese medicines; (iii) 1 Chinese medicine practitioner; and (iv) 1 lay person. CHINESE MEDICINE ORDINANCE - SECT 31 Regulatory Committee of Chinese Medicines Traders VerDate:06/08/1999 The Regulatory Committee of Chinese Medicines Traders shall consist of the following members- (a) 1 public officer who shall be appointed by the Director; and (b) the following persons, each of whom shall be nominated by the Medicines Board and appointed by the Council- (i) a chairman who shall be a member of the Medicines Board; (ii) a deputy chairman who shall be a member of the Medicines Board; (iii) 2 persons from the trade of Chinese medicines; (iv) 1 Chinese medicine practitioner; and (v) 2 persons who shall be lay members of the Medicines Board. CHINESE MEDICINE ORDINANCE - SECT 32 Provisions applicable to Disciplinary Committee of Chinese Medicine Practitioners and Regulatory Committee of Chinese Medicines Traders VerDate:06/08/1999 (1) 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- (a) gives a notice of resignation; or (b) ceases to be a member by reason of the expiry of his term of office or other circumstances referred to in section 38, 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. (2) 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. (3) 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. (4) The quorum of a meeting is 3, subject to 1 of whom being a lay member. (5) In considering a case which has been brought to the attention of- (a) the Disciplinary Committee of Chinese Medicine Practitioners for considering whether the Practitioners Board should be recommended to hold an inquiry; or (b) the Regulatory Committee of Chinese Medicines Traders for making suitable recommendations to the Medicines Board, both committees shall act in accordance with the prescribed procedure. (6) 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- (a) the member shall not take part in the consideration of such complaint or information or attend any meeting held for such purposes; (b) the Council shall at the same time appoint a temporary member; and (c) the committee shall consider the complaint or information afresh. CHINESE MEDICINE ORDINANCE - SECT 33 Terms of appointment to committees under this Part VerDate:06/08/1999 (1) 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. (2) The member may, upon the expiry of his term of office, be reappointed. (3) 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- (a) in the case of a member other than the chairman of a committee, to the chairman of the committee; (b) in the case of the chairman of a committee, to the Council. CHINESE MEDICINE ORDINANCE - SECT 34 Replacement members VerDate:06/08/1999 Where, before the expiry of his term of office, a member of a committee under this Part resigns or his office becomes vacant, the Council may appoint a person who is suitably qualified for appointment to hold office in place of that member until the expiry of the period for which he was appointed. CHINESE MEDICINE ORDINANCE - SECT 35 Vacation of office VerDate:16/08/2000 Where- (a) a member of a committee under this Part- (i) is sentenced to imprisonment, whether suspended or not, for any offence by any court or magistrate in Hong Kong or elsewhere; (ii) is the subject of an order made under section 98; or (iii) becomes bankrupt or enters into a voluntary arrangement with his creditors within the meaning of the Bankruptcy Ordinance (Cap 6); or (b) the Council- (i) is satisfied that a member of a committee under this Part is no longer ordinarily resident in Hong Kong; or (ii) is of the opinion that a member of a committee under this Part is unable or unfit to perform his duties and exercise his powers as a member of the committee, the Council may declare his office as a member of the committee to be vacant, and shall notify the fact in such manner as the Council thinks fit; and upon such declaration the office shall become vacant. CHINESE MEDICINE ORDINANCE - SECT 35 Vacation of office VerDate:06/08/1999 Subsection (a)(ii) not yet in operation Where- (a) a member of a committee under this Part- (i) is sentenced to imprisonment, whether suspended or not, for any offence by any court or magistrate in Hong Kong or elsewhere; (ii) is the subject of an order made under section 98; or (iii) becomes bankrupt or enters into a voluntary arrangement with his creditors within the meaning of the Bankruptcy Ordinance (Cap 6); or (b) the Council- (i) is satisfied that a member of a committee under this Part is no longer ordinarily resident in Hong Kong; or (ii) is of the opinion that a member of a committee under this Part is unable or unfit to perform his duties and exercise his powers as a member of the committee, the Council may declare his office as a member of the committee to be vacant, and shall notify the fact in such manner as the Council thinks fit; and upon such declaration the office shall become vacant. CHINESE MEDICINE ORDINANCE - SECT 36 Temporary members VerDate:06/08/1999 (1) 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. (2) 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. CHINESE MEDICINE ORDINANCE - SECT 37 Disqualification VerDate:16/08/2000 Notwithstanding anything in the foregoing provisions, a person- (a) against whom an order under section 98 has at any time been made; (b) who is- (i) undergoing a sentence of imprisonment; (ii) an undischarged bankrupt; (iii) not ordinarily resident in Hong Kong; or (c) whom the Council considers unfit for appointment, shall not be eligible for appointment or reappointment, as the case may be, as a member of a committee under this Part. CHINESE MEDICINE ORDINANCE - SECT 37 Disqualification VerDate:06/08/1999 Subsection (a) not yet in operation Notwithstanding anything in the foregoing provisions, a person- (a) against whom an order under section 98 has at any time been made; (b) who is- (i) undergoing a sentence of imprisonment; (ii) an undischarged bankrupt; (iii) not ordinarily resident in Hong Kong; or (c) whom the Council considers unfit for appointment, shall not be eligible for appointment or reappointment, as the case may be, as a member of a committee under this Part. CHINESE MEDICINE ORDINANCE - SECT 38 Cessation of membership VerDate:06/08/1999 If during the period of his office, a member of a committee under this Part who is not a member of a board when appointed under section 26, 27, 28, 29, 30 or 31, as the case may be, becomes a member of a board, he ceases to be a member of that committee. CHINESE MEDICINE ORDINANCE - SECT 39 Establishment of committees VerDate:06/08/1999 PART V MISCELLANEOUS COMMITTEES In addition to the power to establish committees under section 25, the Council may, upon the recommendation of the Practitioners Board or the Medicines Board- (a) establish a committee or committees of the board for the purposes of performing such functions as may be prescribed by the Council; and (b) vary, modify or extend the functions of such committee or committees. CHINESE MEDICINE ORDINANCE - SECT 40 Appointment to committees VerDate:16/08/2000 (1) 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. (2) The Council shall not appoint to any committee a person against whom an order under section 98 has at any time been made. (3) 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. CHINESE MEDICINE ORDINANCE - SECT 40 Appointment to committees VerDate:06/08/1999 Subsection (2) not yet in operation (1) 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. (2) The Council shall not appoint to any committee a person against whom an order under section 98 has at any time been made. (3) 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. CHINESE MEDICINE ORDINANCE - SECT 41 Chairmen of committees VerDate:06/08/1999 (1) Subject to subsection (2), the Council may appoint a person to be the chairman of a committee. (2) Only a member of a board is eligible to be appointed as the chairman of a committee. (3) 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. CHINESE MEDICINE ORDINANCE - SECT 42 Legal adviser to committees VerDate:06/08/1999 (1) A committee may have a legal adviser who shall be a solicitor or counsel. (2) A legal adviser shall be appointed by the Secretary. CHINESE MEDICINE ORDINANCE - SECT 43 Dissolution of committees VerDate:06/08/1999 The Council may, at any time, upon the recommendation of a board, dissolve a committee of the board established under section 39. CHINESE MEDICINE ORDINANCE - SECT 44 Application of provisions VerDate:06/08/1999 Unless a contrary intention appears in the context, sections 40, 41 and 42 shall apply to a committee established under section 25 as they apply to a committee established under section 39. CHINESE MEDICINE ORDINANCE - SECT 45 Meetings VerDate:06/08/1999 PART VI MEETINGS (1) 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. (2) 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. (3) Notwithstanding subsection (1), the Council shall meet at least once every 6 months and as often as may be necessary to transact its business. CHINESE MEDICINE ORDINANCE - SECT 46 Validity of proceedings VerDate:06/08/1999 (1) 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. (2) 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. CHINESE MEDICINE ORDINANCE - SECT 47 Questions to be decided by majority VerDate:06/08/1999 All questions coming or arising before the Council, a board or committee shall be decided by a majority of votes of members present at a meeting and voting thereon, and in the case of an equality of votes, the Chairman or the chairman of the board or committee shall have a casting vote in addition to his original vote. CHINESE MEDICINE ORDINANCE - SECT 48 Transaction of business by circulation of papers VerDate:06/08/1999 Subject to any standing orders made under section 49(a), the Council, a board or committee may transact any of its business by circulation of papers, and a resolution in writing which is signed by all the members of the Council, board or committee for the time being present in Hong Kong (being not less than the number required to constitute a majority of the Council, board or committee, as the case may be,) shall be as valid and effectual as if it had been passed at a meeting by the votes of the members so signing. CHINESE MEDICINE ORDINANCE - SECT 49 Standing orders relating to meetings VerDate:06/08/1999 The Council, a board or committee may, subject to this Ordinance, make standing orders- (a) governing its procedure in the transaction of business, including, but not limited to, the transaction of business by circulation of papers; (b) regulating the procedure at, and in connection with its meetings including the election of a temporary chairman at a meeting and the casting of votes for the determination of any questions coming or arising before its meeting; (c) specifying the circumstances under which invitees may attend or make representations at its meetings; (d) governing the declaration of interest by its chairman and members. CHINESE MEDICINE ORDINANCE - SECT 50 Application of Part VII of Interpretation and General Clauses Ordinance VerDate:06/08/1999 For the avoidance of doubt, Part VII of the Interpretation and General Clauses Ordinance (Cap 1) applies to the Council, a board or committee and appointments to the Council, board or committee except in so far as it is inconsistent with this Ordinance. CHINESE MEDICINE ORDINANCE - SECT 51 Registrar VerDate:16/08/2000 PART VII REGISTRATION OF CHINESE MEDICINE PRACTITIONERS Register For the purpose of this Ordinance, there shall be a Registrar of Chinese Medicine Practitioners who shall be the Director or his designated representative. CHINESE MEDICINE ORDINANCE - SECT 52 Register VerDate:16/08/2000 (1) 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. (2) The Registrar may maintain separate parts under the Register in respect of persons registered under section 69 or 85. (3) The Registrar is responsible for the maintenance and custody of the Register. CHINESE MEDICINE ORDINANCE - SECT 53 Publication of Register and evidence of registration, etc. VerDate:16/08/2000 (1) 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. (2) The publication of the list referred to in subsection (1) shall be prima facie evidence that each person named in the list is registered. (3) 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. CHINESE MEDICINE ORDINANCE - SECT 54 Alterations to Register VerDate:16/08/2000 The Registrar may, upon application by a registered Chinese medicine practitioner, amend any entry in the Register as to the address or qualifications of or any other particulars relating to the registered Chinese medicine practitioner, if he is satisfied that such amendment is necessary for the purposes of maintaining the accuracy of the Register. CHINESE MEDICINE ORDINANCE - SECT 55 Powers of Practitioners Board to direct or order alterations to Register VerDate:16/08/2000 If, in the exercise of its powers under the Ordinance, the Practitioners Board directs or orders that any alterations be made to the Register, the Registrar shall make such alterations as directed or ordered. CHINESE MEDICINE ORDINANCE - SECT 56 Powers of Practitioners Board to order removal of names from Register VerDate:16/08/2000 (1) The Practitioners Board may order the removal from the Register the name of any person who- (a) has requested in writing that his name be removed; (b) is deceased; (c) by reason of health, in its opinion, is unfit to practise Chinese medicine; (d) being a person required to be the holder of a practising certificate under section 76, has not obtained such a certificate for a period exceeding 6 months since he was first registered under this Ordinance or since the expiry of a practising certificate issued to him under section 76; (e) is subject of an order made under section 98(3)(a) or (b). (2) 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. (3) 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. CHINESE MEDICINE ORDINANCE - SECT 57 Service of notice and order of removal from Register VerDate:16/08/2000 (1) 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. (2) 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. CHINESE MEDICINE ORDINANCE - SECT 58 Restoration to Register VerDate:16/08/2000 (1) 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. (2) An application under subsection (1) shall be made in such form and accompanied by such documents and particulars as the Practitioners Board may determine. (3) Without prejudice to the generality of subsection (2), the Practitioners Board may request an applicant to submit a declaration as to- (a) whether he has been convicted in Hong Kong or elsewhere of any offence punishable with imprisonment since his name- (i) was first entered on the Register; and (ii) was removed from the Register; (b) whether he has been found guilty in Hong Kong or elsewhere of misconduct in a professional respect since his name- (i) was first entered on the Register; and (ii) was removed from the Register; (c) in the case of his having been so convicted or having been so found guilty of misconduct, the place and nature of each such offence or record of misconduct, as the case may be; (d) whether there are outstanding legal proceedings against him at the time of the application. (4) 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. (5) If the Practitioners Board allows an application, it- (a) shall direct the Registrar, on payment of a prescribed fee by the applicant, to restore the name of the applicant to the Register and the Registrar shall restore the name as directed; and (b) may determine that the restoration is subject to such conditions as it considers desirable. CHINESE MEDICINE ORDINANCE - SECT 59 Practitioners Board to set and conduct Licensing Examination VerDate:16/08/2000 Licensing Examination (1) 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. (2) 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. CHINESE MEDICINE ORDINANCE - SECT 60 Practitioners Board to determine syllabus, etc. VerDate:16/08/2000 (1) The Practitioners Board shall determine the examination syllabus, format, standard of assessment and other related matters in respect of the Licensing Examination. (2) Without prejudice to the generality of subsection (1), the Practitioners Board may appoint examiners for the purposes of the Licensing Examination. CHINESE MEDICINE ORDINANCE - SECT 61 Eligibility for undertaking Licensing Examination VerDate:16/08/2000 (1) A person shall be eligible to undertake the Licensing Examination if- (a) he satisfies the Practitioners Board that at the time of the application he has satisfactorily completed such undergraduate degree course of training in Chinese medicine practice or its equivalent as is approved by the Practitioners Board; or (b) he is a person whose name is entered on the list maintained under section 90 and is required to undertake the Licensing Examination under section 95. (2) Any person who seeks to undertake the Licensing Examination under subsection (1)(a) shall- (a) make an application to the Practitioners Board in such form as may be determined by the Practitioners Board; and (b) pay a prescribed application fee. CHINESE MEDICINE ORDINANCE - SECT 62 Notification and review, etc. of results of Licensing Examination VerDate:16/08/2000 (1) 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. (2) 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. (3) 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. (4) The Practitioners Board shall conduct and complete any such review as soon as practicable. CHINESE MEDICINE ORDINANCE - SECT 63 Certificate of passing Licensing Examination VerDate:16/08/2000 The Practitioners Board shall issue a certificate to a person who has passed the Licensing Examination. CHINESE MEDICINE ORDINANCE - SECT 64 Restriction on number of attempts VerDate:16/08/2000 (1) The Practitioners Board may restrict the number of consecutive attempts which a person may make in respect of the Licensing Examination. (2) The Practitioners Board shall publish such number of consecutive attempts referred to in subsection (1) as it may determine by notice in the Gazette. (3) For the avoidance of doubt, the notice published under subsection (2) is not subsidiary legislation. CHINESE MEDICINE ORDINANCE - SECT 65 Fees payable in respect of Licensing Examination VerDate:16/08/2000 (1) Any person who undertakes the Licensing Examination shall pay a prescribed fee before he may take the Examination. (2) Different fees shall be payable in respect of different parts of the Licensing Examination, where applicable. CHINESE MEDICINE ORDINANCE - SECT 66 Review of decision in relation to Licensing Examination VerDate:16/08/2000 (1) 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. (2) 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. (3) 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. (4) A review under this section shall be conducted in accordance with the prescribed procedure. CHINESE MEDICINE ORDINANCE - SECT 67 Qualifications for registration under section 69 VerDate:16/08/2000 Registration A person is qualified to apply to be registered as a registered Chinese medicine practitioner under section 69 if- (a) he has passed the Licensing Examination; or (b) the Practitioners Board has determined that he is so qualified under section 92. CHINESE MEDICINE ORDINANCE - SECT 68 Application for registration VerDate:16/08/2000 (1) 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. (2) An application under subsection (1) shall be accompanied by- (a) such documents and particulars as may be determined by the Practitioners Board; and (b) a prescribed application fee. (3) 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- (a) a declaration as to- (i) whether he has been convicted in Hong Kong or elsewhere of any offence punishable with imprisonment; and if he has been so convicted, the place and nature of each such offence; and (ii) whether he has been found guilty in Hong Kong or elsewhere of misconduct in a professional respect; and if he has been so found guilty, the place and nature of each such record of misconduct; and (b) in the case of section 67(b), such evidence from the person regarding his claim of experience, qualifications, knowledge or skill in the practice of Chinese medicine as the Practitioners Board considers appropriate. (4) 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. CHINESE MEDICINE ORDINANCE - SECT 69 Registration VerDate:16/08/2000 (1) 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. (2) 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. (3) Where the Practitioners Board has imposed conditions or restrictions under subsection (2), it may amend, vary or revoke any of such conditions or restrictions. (4) 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. CHINESE MEDICINE ORDINANCE - SECT 70 Refusal of application for registration VerDate:16/08/2000 (1) The Practitioners Board may, subject to section 71, refuse to approve the application of a person for registration if it is satisfied- (a) after due inquiry, that the person has been convicted in Hong Kong or elsewhere of any offence punishable with imprisonment; (b) after due inquiry, that the person has been found guilty in Hong Kong or elsewhere of misconduct in a professional respect; (c) that the person is not qualified to be registered; or (d) that the person has sought to obtain registration by fraud or misrepresentation. (2) 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. CHINESE MEDICINE ORDINANCE - SECT 71 Cases involving previous conviction and professional misconduct VerDate:16/08/2000 (1) 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. (2) 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. CHINESE MEDICINE ORDINANCE - SECT 72 Certificate of registration VerDate:16/08/2000 Where a person has been registered as a registered Chinese medicine practitioner under section 69, the Registrar shall issue to him a certificate of registration in such form as may be determined by the Practitioners Board. CHINESE MEDICINE ORDINANCE - SECT 73 Certificate verifying registration and certificate of standing VerDate:16/08/2000 (1) The Practitioners Board may, upon application by a person whose name appears in the Register, issue- (a) a certificate verifying registration; or (b) a certificate of standing which shows the disciplinary record, if any, of that person. (2) A prescribed fee shall be payable in respect of each certificate referred to in subsection (1)(a) and (b). CHINESE MEDICINE ORDINANCE - SECT 74 Title of registered Chinese medicine practitioners VerDate:16/08/2000 (1) 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 ". (2) 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- (a) general practice (全科); (b) acupuncture (針灸); (c) bone-setting (骨傷). (3) 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- (a) in the English language as "Registered Chinese medicine practitioner of the Chinese Medicine Council of Hong Kong (General Practice)" or "Registered Chinese medicine practitioner of the Chinese Medicine Council of Hong Kong (Acupuncture)" or "Registered Chinese medicine practitioner of the Chinese Medicine Council of Hong Kong (Bone-setting)"; or in the Chinese language as "香港中醫藥管理委員會註冊中醫(全科)" or "香港中 醫藥管理委員會註冊中醫(針灸)" or "香港中醫藥管理委員會註冊中醫(骨傷)", as the case may be; or (b) the abbreviation in the English language as "Registered Chinese medicine practitioner (General Practice)" or "Registered Chinese medicine practitioner (Acupuncture)" or "Registered Chinese medicine practitioner (Bone-setting)"; or in the Chinese language as "註冊中醫(全科)" or "註冊中醫(針灸)" or "註冊中醫(骨傷)" or "註冊中醫師(全科)" or "註冊中醫師(針灸)" or "註冊中醫師(骨傷)", as the case may be. CHINESE MEDICINE ORDINANCE - SECT 75 Privileges of registered and listed Chinese medicine practitioners VerDate:16/08/2000 (1) 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- (a) reasonable charges for professional aid, advice and visits; and (b) the value of any Chinese herbal medicines or proprietary Chinese medicines or any Chinese medical appliances made or supplied by him to his patients. (2) 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. CHINESE MEDICINE ORDINANCE - SECT 76 Registered Chinese medicine practitioner not to practise without practising certificate VerDate:16/08/2000 Practising Certificate (1) 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. (2) 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- (a) a prescribed fee; and (b) a declaration as to- (i) whether he has been convicted in Hong Kong or elsewhere of any offence punishable with imprisonment- (A) since his registration; or (B) since the last renewal of his practising certificate, as the case may be; (ii) whether he has been found guilty in Hong Kong or elsewhere of misconduct in a professional respect- (A) since his registration; or (B) since the last renewal of his practising certificate, as the case may be; (iii) in the case of his having been so convicted or so found guilty of misconduct, the place and nature of each such offence or record of misconduct, as the case may be; and (c) in the case of renewal, such documents or certificates in relation to continuing education in Chinese medicine as may be required by the Practitioners Board. (3) 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- (a) the declaration referred to in subsection (2)(b) states to the effect that the registered Chinese medicine practitioner- (i) has not been convicted in Hong Kong or elsewhere of any offence punishable with imprisonment; and (ii) has not been found guilty in Hong Kong or elsewhere of misconduct in a professional respect; and (b) the documents or certificates referred to in subsection (2)(c) show that the registered Chinese medicine practitioner has complied with the requirements determined by the Practitioners Board under section 82. CHINESE MEDICINE ORDINANCE - SECT 77 Cases involving previous convictions and professional misconduct VerDate:16/08/2000 (1) 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. (2) 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. CHINESE MEDICINE ORDINANCE - SECT 78 Currency of a practising certificate VerDate:16/08/2000 (1) 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. (2) 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. CHINESE MEDICINE ORDINANCE - SECT 79 Obligations of practising certificate holders VerDate:16/08/2000 If at any time during the currency of a practising certificate, the holder of the practising certificate- (a) is convicted in Hong Kong or elsewhere of an offence punishable with imprisonment, he shall report the conviction to the Registrar forthwith; (b) is found guilty in Hong Kong or elsewhere of misconduct in a professional respect, he shall disclose the record of misconduct to the Registrar forthwith. CHINESE MEDICINE ORDINANCE - SECT 80 Deeming provision in relation to practising certificate VerDate:16/08/2000 (1) 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). (2) Subsection (1) shall cease to apply once the application to the Registrar is approved or refused. (3) 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. CHINESE MEDICINE ORDINANCE - SECT 81 Recovery of fees for practising certificates VerDate:16/08/2000 (1) 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. (2) 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. (3) 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. CHINESE MEDICINE ORDINANCE - SECT 82 Continuing education in Chinese medicine VerDate:16/08/2000 (1) 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. (2) 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. CHINESE MEDICINE ORDINANCE - SECT 83 Limited registration VerDate:16/08/2000 PART VIII LIMITED REGISTRATION (1) Where an educational or scientific research institution intends to engage a person- (a) who does not have any of the qualifications for registration referred to in section 67; or (b) who has a qualification that qualifies him to apply to be registered but it is impracticable for him to obtain registration under section 69 in the circumstances, 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. (2) 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. (3) For the avoidance of doubt, the notice published under subsection (2) is not subsidiary legislation. CHINESE MEDICINE ORDINANCE - SECT 84 Application for limited registration VerDate:16/08/2000 (1) 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- (a) such documents and particulars as may be determined by the Practitioners Board; and (b) a prescribed application fee. (2) 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). CHINESE MEDICINE ORDINANCE - SECT 85 Approval of limited registration VerDate:16/08/2000 (1) Upon receipt of an application made under section 84(1), the Practitioners Board may refer the application to the Registration Committee. (2) The Registration Committee may, and if so directed by the Practitioners Board shall, make a report to the Practitioners Board. (3) 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. (4) Where the Practitioners Board is satisfied- (a) that the application for limited registration is made by an educational or scientific research institution specified under section 83(2); and (b) that the person on whose behalf the application was made- (i) has satisfactorily completed such undergraduate degree course of training in Chinese medicine practice or its equivalent as is acceptable to the Practitioners Board; and (ii) possesses adequate and relevant full-time experience in Chinese medicine practice, 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. CHINESE MEDICINE ORDINANCE - SECT 86 Limits of limited registration VerDate:16/08/2000 The limits of a person's registration under section 85 shall be defined in the direction under the same section by specifying- (a) a period, not exceeding 1 year, as the period for which the registration is to have effect; (b) the name of the educational or scientific research institution in respect of which the registration has effect; (c) the employment for performing predominantly clinical teaching or research in Chinese medicine in the named institution; and (d) such conditions and restrictions regarding the practice of the Chinese medicine practitioner with limited registration, if any, as may be specified by the Practitioners Board. CHINESE MEDICINE ORDINANCE - SECT 87 Certificate of limited registration VerDate:16/08/2000 When an application for limited registration is approved under section 85, the Registrar shall register the person on whose behalf the application was made in the Register and issue to him a certificate of limited registration in such form as may be determined by the Practitioners Board. CHINESE MEDICINE ORDINANCE - SECT 88 Refusal of application for limited registration VerDate:16/08/2000 (1) The Practitioners Board may refuse an application for limited registration or renewal of such registration if it is satisfied- (a) that the requirements of section 85 have not been complied with; (b) after due inquiry, that the person on whose behalf the application was made- (i) has been convicted in Hong Kong or elsewhere of any offence punishable with imprisonment; or (ii) has been found guilty in Hong Kong or elsewhere of misconduct in a professional respect; (c) that the institution which made the application or the person on whose behalf the application was made has sought to obtain registration by fraud or misrepresentation; or (d) that it is reasonable in all circumstances to do so. (2) 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. CHINESE MEDICINE ORDINANCE - SECT 89 Provisions relating to renewal of limited registration VerDate:16/08/2000 (1) 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- (a) for a period not exceeding 1 year from the expiry of the current registration; (b) for the purposes of the clinical teaching or research in Chinese medicine in the educational or scientific research institution specified under sections 86(b) and (c); and (c) subject to such conditions or restrictions regarding the practice of the Chinese medicine practitioner with limited registration, if any, as may be specified by the Practitioners Board. (2) 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. CHINESE MEDICINE ORDINANCE - SECT 90 List maintained by Practitioners Board VerDate:16/08/2000 Subsection (8) not yet in operation PART IX TRANSITIONAL ARRANGEMENTS FOR CHINESE MEDICINE PRACTITIONERS (1) 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) is practising Chinese medicine on 3 January 2000; (b) has applied to the Practitioners Board for his name to be included in the list; and (c) has paid a prescribed fee. (2) 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. (3) A person referred to in subsection (2) may- (a) continue practising Chinese medicine, subject to such conditions and restrictions as may be imposed and notified in writing by the Practitioners Board; and (b) use the title of "Chinese medicine practitioner" in the English language and "中醫" or "中醫師" in the Chinese language, until- (i) his name has been entered on the Register under section 69(4); (ii) his application for registration, if any, has been refused under section 70; (iii) his name has been removed from the list under section 91; or (iv) such date as may be specified and promulgated by the Secretary by notice in the Gazette, whichever is the earliest. (4) 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. (5) 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. (6) 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. (7) 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). (8) 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. CHINESE MEDICINE ORDINANCE - SECT 91 Removal from the list VerDate:16/08/2000 (1) The Practitioners Board shall remove from the list maintained under section 90 the name of a person- (a) who becomes registered under section 69; or (b) whose application for registration, if any, is refused under section 70. (2) The Practitioners Board may remove from the list maintained under section 90 the name of a person who- (a) is subject to the conditions or restrictions imposed under section 90(3)(a) but has failed to comply with any of such conditions or restrictions; or (b) has been convicted in Hong Kong or elsewhere of an offence punishable with imprisonment. (3) The Practitioners Board shall notify the person concerned in writing of the reasons for its direction under subsection (2). CHINESE MEDICINE ORDINANCE - SECT 92 Alternative qualifying requirements VerDate:16/08/2000 (1) 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- (a) is one whose name is entered on the list maintained under section 90; and (b) has acquired substantial experience, knowledge and skills in the practice of Chinese medicine. (2) No person shall be regarded as having acquired substantial experience, knowledge and skills for the purpose of subsection (1)(b) unless he has- (a) attained the standard which qualifies him to be exempted from the Licensing Examination under section 93; (b) passed the registration assessment as required under section 94; or (c) passed the Licensing Examination as required under section 95. CHINESE MEDICINE ORDINANCE - SECT 93 Exemptions from Licensing Examination VerDate:16/08/2000 A listed Chinese medicine practitioner who satisfies the Practitioners Board that he has fulfilled either one of the following criteria, namely- (a) immediately before 3 January 2000, he has been practising Chinese medicine in Hong Kong for a continuous period of not less than 15 years; or (b) (i) immediately before 3 January 2000, he has been practising Chinese medicine in Hong Kong for a continuous period of not less than 10 years; and (ii) he has obtained a qualification in Chinese medicine practice acceptable to the Practitioners Board, shall be exempted from the Licensing Examination. CHINESE MEDICINE ORDINANCE - SECT 94 Registration assessment VerDate:16/08/2000 (1) A listed Chinese medicine practitioner who satisfies the Practitioners Board that he has fulfilled either one of the following criteria, namely- (a) immediately before 3 January 2000, he has been practising Chinese medicine in Hong Kong for a continuous period of not less than 10 years; or (b) (i) immediately before 3 January 2000, he has been practising Chinese medicine in Hong Kong for a continuous period of less than 10 years; and (ii) he has obtained a qualification in Chinese medicine practice acceptable to the Practitioners Board, 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. (2) 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. (3) The Practitioners Board shall publish by notice in the Gazette such information pertaining to the registration assessment as it thinks fit. (4) For the avoidance of doubt, the notice published under subsection (3) is not subsidiary legislation. CHINESE MEDICINE ORDINANCE - SECT 95 Requirement to undertake Licensing Examination VerDate:16/08/2000 (1) A listed Chinese medicine practitioner who- (a) satisfies the Practitioners Board that immediately before 3 January 2000, he has been practising Chinese medicine in Hong Kong for a continuous period of less than 10 years; or (b) has failed the registration assessment, 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. (2) 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. CHINESE MEDICINE ORDINANCE - SECT 96 Notification and review, etc. VerDate:16/08/2000 (1) 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. (2) 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. (3) 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. CHINESE MEDICINE ORDINANCE - SECT 97 Appeals VerDate:16/08/2000 PART X APPEALS, DISCIPLINARY POWERS AND INQUIRIES (1) 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. (2) In determining an appeal under subsection (1), the Council may invite the person concerned to give further representations in writing or in person. (3) For the purpose of hearing an appeal, 5 members of the Council shall be a quorum. (4) A he