CAP 343 MEDICAL CLINICS ORDINANCE四
摘要：To provide for the registration, control and inspection of medical clinics and for purposes connected therewith.
Cap 343 s 12 Right of appeal
Remarks:
Adaptation amendments retroactively made - see 60 of 2000 s. 3
(1) Any person who is aggrieved by an order refusing an application for registration or cancelling a registration, or by a refusal to grant or renew an exemption or by a cancellation of an exemption may, within 14 days of such refusal or cancellation or within such further time as the Chief Executive in Council may allow, appeal against it by way of petition to the Chief Executive in Council. (Amended 4 of 1965 s. 2; 37 of 1966 s. 6; 60 of 2000 s. 3)
(2) No order for cancellation of registration or of exemption shall come into force or be gazetted under section 4 until the expiration of 14 days from the date on which it is made, or, where there is an appeal within 14 days from the date on which it is made, until the appeal has been decided or withdrawn. (Amended 4 of 1965 s. 2)
Cap 343 s 13 Inspection of clinics
The Registrar, or any public officer authorized in writing by him, may, subject to such regulations as may be prescribed, at any time enter and inspect any premises which are used, or which the Registrar or such a public officer has reasonable cause to believe to be used, for the purposes of a clinic, and may inspect any records prescribed by this Ordinance. Cap 343 s 14 Offences
(1) Any person who-
(a) carries on or takes part in the management of a clinic which is not registered, or who therein does any medical diagnosis or prescribes any medical treatment or takes part in any medical treatment of any person; or
(b) carries on or takes part in the management of a clinic registered under section 5 in respect of which no registered medical practitioner is appointed and maintained pursuant to section 7 and which is not exempted under section 8, or who therein does any medical diagnosis or prescribes any medical treatment or takes part in any medical treatment of any person,commits an offence and is liable-
(i) on summary conviction to a fine of $50000 and to imprisonment for 2 years; or
(ii) on conviction upon indictment to imprisonment for 3 years. (Amended
68 of 1986 s. 8)(1A) Any person who-
(a) in a clinic which is not registered does any medical diagnosis, prescribes any medical treatment or performs any medical treatment in relation to a person which results in personal injury to that person; or (b) in a clinic registered under section 5 in respect of which no registered medical practitioner is appointed and maintained pursuant to section 7 and which is not exempted under section 8, does any medical diagnosis, prescribes any medical treatment or performs any medical treatment in relation to a person which results in personal injury to that person,commits an offence and is liable-
(i) on summary conviction to a fine of $100000 and to imprisonment for
3 years; or
(ii) on conviction upon indictment to imprisonment for 7 years. (Added 68 of 1986 s. 8)(2) Any person who contravenes section 5(4) commits an offence and is liable to a fine of $2500.
(3) Any person who contravenes any condition imposed by the Registrar under section 5, 6 or 8 commits an offence and is liable-
(a) for the first offence, to a fine of $5000 and to imprisonment for 6 months; and
(b) for a second or subsequent offence, to a fine of $10000 and to imprisonment for 1 year.(4) Any person who obstructs the Registrar or any public officer in the exercise of his powers under section 13 commits an offence and is liable to a fine of $5000 and to imprisonment for 6 months. (Replaced 58 of 1981 s. 3)
Cap 343 s 15 Power to make regulations
(1) The Secretary for Health, Welfare and Food may by regulation provide for the duties and responsibilities (not being a duty or responsibility referred to in subsection (2)) of persons registered in respect of clinics and of persons connected with the management and control of such clinics. (Amended L.N. 106 of 2002)
(2) The Director of Health may by regulation provide for-
(a) the keeping of accounts in respect of a clinic, by a person registered in respect of such clinic and the submission of such accounts;
(b) reports and information to be supplied in respect of a clinic;
(c) the forms to be used for the purposes of this Ordinance;
(d) the requirements, structural or otherwise, to be complied with or fulfilled in relation to the premises in which a clinic is carried on and, without prejudice to the generality of the foregoing, for requirements relating to-
(i) ventilation;
(ii) light, natural as well as artificial;
(iii) fire precautions;
(iv) storage of dangerous drugs and poisons;
(v) latrine accommodation and other matters of sanitation;
(vi) water supply;
(vii) sterilization facilities;
(viii) the cleanliness of premises used as a clinic;
(ix) the hygiene of the staff employed by a clinic.(3) The Chief Executive in Council may by regulation (not being a regulation as regards a matter referred to in subsection (1) or (2)) provide- (Amended 60 of 2000 s. 3)
(a) for the carrying into effect the provisions of this Ordinance;
(b) that a contravention of any regulation made under subsection (1) or
(2) or any specified provision of such regulation is an offence; and
(c) a penalty not exceeding $1000 for any such offence.
(Replaced 84 of 1992 s.
6)___________________________________________________________________ Note:
See also section 20 of 84 of 1992 which reads as follows-
20. Saving of existing regulations
Any regulation-
(a) made under any provision, in the Hospitals, Nursing Homes and Maternity Homes Registration Ordinance (Cap 165), Medical Clinics Ordinance (Cap 343) or Antibiotics Ordinance (Cap 137), which is repealed or amended by this Ordinance; and
(b) in force at the commencement of this Ordinance,shall continue in force and have effect as if made under the relevant Ordinance by the authority who, having regard to the subject-matter of such regulation, is empowered
on or after the commencement of this Ordinance to make such regulation and may be repealed or amended by such authority.