Hong Kong Ordinances

CHINESE MEDICINE ORDINANCE - SECT 161

Regulations

(1) The Chief Executive in Council may by regulation provide for-

   (a)  any fee required to be paid under this Ordinance and, in the case of
        fees for practising certificates issued under this Ordinance, the
        imposition of a surcharge for late payment of any such fee;

   (b)  the disposal of any fee or surcharge paid or recovered under this
        Ordinance.

(2) Any fee or surcharge prescribed under subsection (1)-

   (a)  may be fixed at levels sufficient to effect the recovery of
        expenditure incurred, or likely to be incurred, by the Council,
        boards, committees and Government in performing their functions;

   (b)  shall not be limited by reason only of the amount of administrative or
        other costs incurred, or likely to be incurred, by the Council,
        boards, committees and Government in providing any service or
        otherwise performing any function under this Ordinance as regards any
        particular person or in providing any service which is of a particular
        class or description.

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

(4) The Secretary may by regulation provide for-

   (a)  the duties of the Registrar;

   (b)  the duties of the Council secretary; the secretaries of the
        Practitioners Board and the Medicines Board;

   (c)  the duties of the legal advisers to the Council, boards and
        committees.

(5) With the approval of the Secretary, the Council may by regulation provide
for-

   (a)  the fixing of a quorum for meetings of the Council, boards and
        committees unless otherwise provided for under this Ordinance;

   (b)  the procedure and all such powers necessary for the purposes of and in
        relation to Chinese medicine practitioners regarding-

        (i)    the receipt of complaints or information against a registered 
               Chinese medicine practitioner which may be inquired into by the
               Practitioners Board;

        (ii)   the submission of complaints or information against a
               registered Chinese medicine practitioner to the
               Disciplinary Committee of  Chinese Medicine Practitioners;

        (iii)  the consideration of any complaints or information against a
               registered Chinese medicine practitioner by the
               Disciplinary Committee of  Chinese Medicine Practitioners;

        (iv)   the formulation of charges arising out of the complaints or
               information;

        (v)    the reference of cases arising out of complaints or information
               to the Practitioners Board by the
               Disciplinary Committee of Chinese  Medicine Practitioners;

        (vi)   disciplinary inquiries against a registered Chinese medicine 
               practitioner held by the Practitioners Board;

   (c)  the procedure and all such powers necessary for the purposes of and in
        relation to Chinese herbal medicines and proprietary Chinese 
        medicines regarding-

        (i)    the receipt of complaints or information concerning a licensed
               Chinese medicines trader which may be considered by the
               Medicines Board;

        (ii)   the submission of complaints or information concerning a
               licensed Chinese medicines trader to the
               Regulatory Committee of Chinese  Medicines Traders;

        (iii)  the consideration of any complaints or information concerning a
               licensed Chinese medicines trader by the
               Regulatory Committee of Chinese  Medicines Traders;

        (iv)   the submission of any complaints or information concerning a
               licensed Chinese medicines trader and the recommendation of the
               Regulatory  Committee of Chinese Medicines Traders to the
               Medicines Board;

        (v)    the consideration of the findings and recommendations of the
               Regulatory Committee of Chinese Medicines Traders by the
               Medicines Board;

   (d)  the procedure and all such powers necessary for the purposes of and in
        relation to-

        (i)    appeals held by the Council under this Ordinance;

        (ii)   inquiries or reviews held by the Practitioners Board under this
               Ordinance;

        (iii)  reviews held by the Medicines Board under this Ordinance;

   (e)  certificates, forms or other documents required for the purposes of
        this Ordinance, including the payment of a fee for their issue;

   (f)  the format, procedures, requirements, powers and any matter ancillary
        or related to-

        (i)    the registration of Chinese medicine practitioners;

        (ii)   the Licensing Examination;

        (iii)  the issue or renewal of practising certificates; and

        (iv)   the transitional arrangements for Chinese medicine 
               practitioners, under this Ordinance;

   (g)  licensing requirements in respect of an application for-

        (i)    a wholesaler licence in- (A) Chinese herbal medicines; (B)
               proprietary Chinese medicines;

        (ii)   a retailer licence;

        (iii)  a manufacturer licence;

   (h)  practising conditions or duties which are applicable to the following
        categories of licence holder-

   (i)  a wholesaler licence in- (A) Chinese herbal medicines; (B)
        proprietary Chinese medicines;

        (ii)   a retailer licence;

        (iii)  a manufacturer licence;

        (i)    requirements regarding the experience and knowledge of a person
               nominated under sections 114(2)(b) and 132(1)(b);

   (j)  the period of any licence issued or renewed under this Ordinance;

   (k)  the period of any certificate issued or renewed under this Ordinance;

   (l)  requirements regarding the form and quality of, the labelling of, and
        the display of distinctive marks on, containers and packages of
        Chinese herbal medicines or proprietary Chinese medicines;

   (m)  requirements and conditions for the import, export, packaging,
        transport, storage, record-keeping, processing, acquisition, sale,
        dispensing and disposal of any Chinese herbal medicines;

   (n)  requirements and conditions for the import, export, packaging,
        transport, storage, record-keeping, acquisition, sale, manufacture and
        disposal of any proprietary Chinese medicines;

   (o)  requirements for package inserts which are supplied, or are intended
        to be supplied, with proprietary Chinese medicines;

   (p)  particulars to be registered for any proprietary Chinese  medicines;

   (q)  exempting any Chinese herbal medicines, proprietary Chinese  medicines
        or Chinese medicines traders from the provisions of this Ordinance.

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

   (a)  require information, particulars and documents for the purposes of
        this Ordinance to be submitted and to be in such form as may be
        prescribed and require matters or documents for those purposes to be
        supported by statutory declarations or such other declarations as
        specified or approved by the Council;

   (b)  generally provide for the carrying into effect the provisions of this
        Ordinance.

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