Medical Clinics Ordinance


Published: 1997-06-30

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Cap 343 - MEDICAL CLINICS ORDINANCE 1

Chapter: 343 MEDICAL CLINICS ORDINANCE Gazette Number Version Date

Long title 30/06/1997


To provide for the registration, control and inspection of medical clinics and for purposes connected therewith.


[1 January 1964]

(Originally 27 of 1963)

Section: 1 Short title 30/06/1997


This Ordinance may be cited as the Medical Clinics Ordinance.

Section: 2 Interpretation 2 of 2012 17/02/2012


In this Ordinance, unless the context otherwise requires-
"clinic" (診療所) means any premises used or intended to be used for the medical diagnosis or treatment of persons

suffering from, or believed to be suffering from, any disease, injury or disability of mind or body, but does not
include-

(a) premises used in the manner aforesaid which are maintained or controlled by any department of the
Government, or by the Hong Kong Garrison, or by The Chinese University of Hong Kong, or by the
University of Hong Kong; (Amended 68 of 1986 s. 7; 2 of 2012 s. 3)

(b) private consulting rooms used exclusively by registered medical practitioners in the course of their
practice on their own account and not bearing any title or description which includes the word "clinic"
or "polyclinic" in the English language; (Amended 37 of 1966 s. 2)

(c) premises used exclusively by dentists duly registered in accordance with the provisions of the Dentists
Registration Ordinance (Cap 156) in the course of their practice on their own account and not bearing
any title or description which includes the word "clinic" or "polyclinic" in the English language;
(Amended 37 of 1966 s. 2)

(d) premises used exclusively by physiotherapists duly registered in accordance with the provisions of the
Supplementary Medical Professions Ordinance (Cap 359); (Replaced 67 of 1985 s. 16)

(e) premises used exclusively by persons duly licensed under the Massage Establishments Ordinance (Cap
266) to operate a massage establishment on such premises; (Amended 53 of 1983 s. 18)

(f) premises used exclusively by a Chinese medicine practitioner registered or listed under the Chinese
Medicine Ordinance (Cap 549) in the course of his practice; (Replaced 47 of 1999 s. 170)

(g) premises used exclusively for the dispensation of medicines by pharmacists duly registered in
accordance with the provisions of the Pharmacy and Poisons Ordinance (Cap 138) in the course of
their practice on their own account;

(h) premises used exclusively by chiropodists, or chiropractors, or osteopaths in the course of their
practice on their own account; (Amended 67 of 1985 s. 16)

(ha) premises used exclusively by an optometrist duly registered in accordance with the provisions of the
Supplementary Medical Professions Ordinance (Cap 359); (Added 67 of 1985 s. 16)

(i) premises used exclusively for a scheme of medical treatment recognized by the Director of Health
under section 34 of the Employment Ordinance (Cap 57); (Amended 39 of 1973 s. 9; L.N. 76 of 1989)

(j) any hospital or maternity home in respect of which a person is registered under the Hospitals, Nursing
Homes and Maternity Homes Registration Ordinance (Cap 165), or any clinic maintained by any such
hospital or maternity home; (Added 18 of 1966 s. 2)

(k) any hospital, maternity home or clinic managed or controlled by the Hospital Authority established
under the Hospital Authority Ordinance (Cap 113); (Added 84 of 1992 s. 5)

"medical treatment" (醫療) means medical treatment of any description other than-
(a) the treatment given by a dentist registered, deemed to be registered or exempt from registration under

the Dentists Registration Ordinance (Cap 156); (Replaced 68 of 1986 s. 7)
(b) the dispensation of medicine or poison by a pharmacist registered under the Pharmacy and Poisons



Cap 343 - MEDICAL CLINICS ORDINANCE 2

Ordinance (Cap 138); (Replaced 68 of 1986 s. 7)
(ba) the dispensation of poison by a seller of poisons listed under the Pharmacy and Poisons Ordinance

(Cap 138); (Added 68 of 1986 s. 7)
(c) the dispensation of Chinese herbal medicines under the Chinese Medicine Ordinance (Cap 549);

(Replaced 47 of 1999 s. 170)
(d) the treatment given by a Chinese medicine practitioner registered or listed under the Chinese Medicine

Ordinance (Cap 549); (Replaced 47 of 1999 s. 170)
(e) in the course of the practice of one of the professions listed in the Schedule to the Supplementary

Medical Professions Ordinance (Cap 359) by a person registered or licensed under that Ordinance to
practise that profession; (Amended 67 of 1985 s. 16. Replaced 68 of 1986 s. 7)

(f) treatment by way of massage given in premises by persons duly licensed under the Massage
Establishments Ordinance (Cap 266) to operate a massage establishment on such premises or by
approved assistants employed by such persons; (Amended 53 of 1983 s. 18)

(g) treatment by way of chiropody, or chiropractic, or osteopathy; or
(h) treatment by way of first aid;

"premises" (處所) includes any place whatsoever, whether consisting of a building or not, and any vehicle or vessel,
whether mobile or not; (Added 22 of 1964 s. 2)

"registered medical practitioner" (註冊醫生) means a person who is duly registered in accordance with the provisions
of the Medical Registration Ordinance (Cap 161), or who is deemed, by virtue of the provisions of that
Ordinance, to be so registered;

"Registrar" (註冊主任) means the Registrar of Clinics.

Section: 3 Appointment of Registrar 30/06/1997


For the purposes of this Ordinance, there shall be a Registrar of Clinics who shall be the Director of Health.
(Amended L.N. 76 of 1989)


Section: 4 Register of clinics 30/06/1997


(1) The Registrar shall cause a register of clinics to be kept in such form as shall be prescribed containing
names and addresses and such other particulars as may be prescribed of applicants who have been registered.

(2) The Registrar shall be responsible for the maintenance and custody of the register of clinics.
(3) The Registrar shall cause to be published in the Gazette-

(a) as soon as may be after 1 January of every year a list of clinics registered under section 5 and of clinics
exempted under section 8; and

(b) notification of any exemption granted or cancellation thereof under section 8 or any cancellation of
registration under section 10.

(4) A certificate purporting to be under the hand of the Registrar that a clinic is registered or is not registered or
is exempted or is not exempted shall be evidence of the facts set out therein until the contrary is proved.

Section: 5 Registration of clinics 30/06/1997


(1) Application for registration as a clinic shall be made to the Registrar in such form as he may prescribe, and
such form shall require a statement of the objects of the clinic to be included.

(2) Subject to the provisions of this Ordinance, the Registrar shall, on receipt of an application for registration,
register the applicant in respect of the clinic named in the application, subject to such conditions, if any, as he may
impose, and issue to the applicant a certificate of registration in the prescribed form:

Provided that the Registrar may refuse to register the applicant if he is satisfied-
(a) that the applicant or any person employed by him at the clinic is not a fit person, whether by reason of

age or otherwise, to carry on or to be employed at a clinic; or
(b) that for reasons connected with situation, construction, accommodation, staffing or equipment, the

premises to be used in connection with the clinic are not fit to be used for the purposes of a clinic or
that such premises are used or to be used for purposes which are in any way improper or undesirable in
the case of a clinic; or



Cap 343 - MEDICAL CLINICS ORDINANCE 3

(c) that the clinic will not be under the continuous personal supervision of a registered medical
practitioner; or

(d) that-
(i) the income derived or to be derived from the establishment or operation of the clinic is not, or

will not be, applied solely towards the promotion of the objects of the clinic; or
(ii) any portion of such income, except payment in good faith of remuneration to any such properly

employed registered medical practitioners, persons employed pursuant to an exemption granted
under section 8, nurses and menial servants working in the clinic, is, or will be, paid or
transferred directly or indirectly by way of dividend, bonus or otherwise howsoever by way of
profit to the applicant himself, or to any persons properly so employed, or to any other persons
howsoever.

(3) In the case of a clinic run by a registered trade union exclusively for its members and the families of such
members, the Registrar shall not refuse registration solely on the grounds set out in paragraph (d) of subsection (2)
where the income derived or to be derived from the establishment or operation of the clinic and remaining after
expenditure for the purposes permitted in such paragraph (d) is or will be applied solely for the purposes authorized in
section 33(1)(f) of the Trade Unions Ordinance (Cap 332) and so applied in such a manner that no part thereof shall be
paid to or for the benefit of any person employed in such clinic. (Amended 80 of 1997 s. 102)

(4) Every person registered in respect of a clinic shall display the current certificate of registration issued in
respect of the clinic in a conspicuous place at the clinic. (Replaced 58 of 1981 s. 2)

Section: 6 Period of registration 30/06/1997


(1) Subject to the provisions of section 10, a registration shall, as indicated by the Registrar on the certificate of
registration, be valid-

(a) until the end of the year in which it is made, and any person registered in respect of a clinic who
desires to continue to be so registered for any subsequent year shall make application for re-
registration during the first week of the month of November, or, for good reason shown to the
satisfaction of the Registrar, at such later date as the Registrar may allow; or (Amended 37 of 1966 s.
3)

(b) for such months in any one year and such extended periods thereof, if any, as the Registrar in his
absolute discretion may allow.

(2) The Registrar may, in his absolute discretion-
(a) when granting re-registration under subsection (1)(a); or
(b) when extending the period of validity under subsection (1)(b),

impose conditions or amend conditions already imposed.

Section: 7 Duty to ensure proper supervision 30/06/1997


Every person registered in respect of a clinic shall appoint and maintain a registered medical practitioner who
shall be responsible for the medical management of the clinic in relation to which he has been appointed.

(Amended 37 of 1966 s. 4)

Section: 8 Exemption from section 7 30/06/1997


(1) Subject to the provisions of subsection (2), the Registrar may, in his absolute discretion, exempt from the
provisions of section 7 any clinic in existence on 5 September 1963.

(2) After 31 December 1967, the Registrar shall not grant an exemption under subsection (1) in respect of a
clinic carried on in a vehicle, whether mobile or not, or in premises which were at any time a vehicle.

(3) Subject to the provisions of this Ordinance-
(a) any exemption granted under subsection (1) prior to the commencement of the Medical Clinics

(Amendment) (No. 2) Ordinance 1966 (37 of 1966) and in force at the commencement of that
Ordinance shall continue in force until 1 January 1968 and shall then cease to be valid; and

(b) any such exemption granted after the commencement of the Medical Clinics (Amendment) (No. 2)
Ordinance 1966 (37 of 1966) shall be valid until the end of the year in which it is granted.

(4) (a) If the person registered in respect of a clinic that has been exempted under subsection (1) from the



Cap 343 - MEDICAL CLINICS ORDINANCE 4

provisions of section 7 desires that the exemption shall be renewed, he shall make application for its
renewal during the first week of the month of November, or, for good reason shown to the satisfaction
of the Registrar, at such later date as the Registrar may allow.

(b) The Registrar may, in his absolute discretion, upon application in accordance with paragraph (a) renew
any such exemption for a period of one year at a time, save that, after 31 December 1967, the Registrar
shall not renew any such exemption in respect of a clinic carried on in a vehicle, whether mobile or
not, or in premises which were at any time a vehicle.

(c) Without prejudice to the discretion conferred upon the Registrar by paragraph (b) as to the renewal of
any such exemption, the Registrar may refuse to renew any such exemption if he is satisfied that,
within the preceding 12 months, any person practising medicine in the clinic has contravened the Code
of Practice published under subsection (7).

(5) On the grant of any exemption under subsection (1) and on the renewal of any such exemption, the
Registrar shall impose conditions relating to the remuneration to be paid to any persons practising medicine in the
clinic other than registered medical practitioners and may impose such other conditions as he thinks fit.

(6) The Registrar may, in his absolute discretion and without assigning any reason therefor, cancel any
exemption granted under subsection (1).

(7) The Registrar may publish a Code of Practice for the purposes of this section prescribing standards of
conduct for persons, other than registered medical practitioners, practising medicine in clinics and regulating the
functions of such persons, and any such Code of Practice may prohibit the discharge by such persons of specified
functions.

(8) Notwithstanding the provisions of section 28 of the Medical Registration Ordinance (Cap 161), persons
practising medicine in a clinic and in receipt of remuneration from the clinic in accordance with the conditions
imposed on the grant or renewal of an exemption under subsection (1) shall not by reason solely of such practice be
guilty of an offence under that section.

(9) (Repealed 81 of 1984 s. 2)
(Replaced 37 of 1966 s. 5)


Section: 9 Exemptions from section 6 to cease to be valid 30/06/1997


(1) Every exemption granted under section 8(1) prior to the commencement of the Medical Clinics
(Amendment) (No. 2) Ordinance 1966 (37 of 1966) exempting a clinic from the provisions of section 6 shall continue
in force until 1 January 1968 and shall then cease to be valid, and, unless the person registered in respect of a clinic so
exempted from the provisions of section 6 is re-registered in respect thereof in accordance with the provisions of this
Ordinance, he shall thereupon cease to be so registered.

(2) If the person registered in respect of any such clinic desires to continue to be so registered after 31
December 1967, he shall make application for re-registration in accordance with section 6(1)(a).

(Added 37 of 1966 s. 5)

Section: 10 Cancellation of registration 30/06/1997


Subject to the provisions of this Ordinance, the Registrar may at any time cancel the registration of a person in
respect of a clinic on any ground which would entitle the Registrar to refuse an application for the registration of that
person in respect of that clinic, or on the ground that that person has been convicted of an offence against the
provisions of this Ordinance or that any other person has been convicted of such an offence in respect of that clinic.

Section: 11 Notice of refusal or of cancellation of registration 30/06/1997


(1) In his absolute discretion the Registrar may, before refusing an application for registration or cancelling any
registration, give to the applicant or to the person registered, as the case may be, notice of his intention so to do,
stating the grounds on which he intends to refuse the application or cancel the registration and containing an
intimation that the applicant or the person registered may make written representations to him.

(2) If the Registrar decides to refuse the application for registration or to cancel the registration, he shall make a
written order properly dated to that effect and shall send a copy thereof by registered post to the applicant or the
person registered, at the address last known to the Registrar.




Cap 343 - MEDICAL CLINICS ORDINANCE 5

Section: 12 Right of appeal 10 of 2005 08/07/2005


(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, appeal against it to the Administrative Appeals Board. (Amended 4 of 1965 s. 2; 37 of
1966 s. 6; 60 of 2000 s. 3; 10 of 2005 s. 6)

(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)

Section: 13 Inspection of clinics 30/06/1997


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.

Section: 14 Offences 30/06/1997


(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)

Section: 15 Power to make regulations L.N. 130 of 2007 01/07/2007


Remarks:
For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative



Cap 343 - MEDICAL CLINICS ORDINANCE 6

Council (L.N. 130 of 2007), see paragraph (12) of that Resolution.


(1) The Secretary for Food and Health 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; L.N. 130 of 2007)

(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.

Related Laws