Cap. 164 - Nurses Registration Ordinance

To amend the law relating to nurses by incorporating more adequate provisions for their registration or enrolment, as the case may be, and the better control of nursing. (Amended 38 of 1970 s. 2; 45 of 1972 s. 2) [7 July 1961](Format changes—E.R. 7 of 2020) Part I Citation and Interpretation 1. Short title This Ordinance may be cited as the Nurses Registration Ordinance. 2. Interpretation (1) In this Ordinance, unless the context otherwise requires— (Amended 10 of 2005 s. 71)certificate of enrolment (登記證明書) means a certificate issued under section 16; (Added 82 of 1997 s. 2)certificate of registration (註冊證明書) means a certificate issued under section 10; (Added 82 of 1997 s. 2)chairman (主席) means the chairman of the Council and includes any person elected to act as chairman under section 3(5C); (Amended 5 of 1988 s. 2; 82 of 1997 s. 2)Council (管理局) means the Nursing Council of Hong Kong established in accordance with section 3; (Added 82 of 1997 s. 2)designated institution (指定機構)—see section 2C(1); (Added 24 of 2024 s. 3)Director (署長) means the head of the nursing service in the Department of Health; (Amended 5 of 1988 s. 2; L.N. 76 of 1989; 68 of 1990 s. 24)enrolled nurse (登記護士) means a person with full enrolment, special enrolment, limited enrolment or temporary enrolment; (Added 38 of 1970 s. 3. Amended 45 of 1972 s. 3; 24 of 2024 s. 3)full enrolment (正式登記)—see section 2B; (Added 24 of 2024 s. 3)full registration (正式註冊)—see section 2A; (Added 24 of 2024 s. 3)Hospital Authority (醫院管理局) means the body corporate established by section 3 of the Hospital Authority Ordinance (Cap. 113); (Added 24 of 2024 s. 3)legal adviser (法律顧問) means a legal adviser to the Council appointed under section 3(6)(a); (Amended 82 of 1997 s. 2; 24 of 2024 s. 3)limited enrolment (有限度登記)—see section 2B; (Added 24 of 2024 s. 3)limited registration (有限度註冊)—see section 2A; (Added 24 of 2024 s. 3)member (成員) means a member of the Council; (Amended 82 of 1997 s. 2)practising certificate (執業證明書)— (Added 34 of 1995 s. 25. Amended 24 of 2024 s. 3)(a) in relation to a registered nurse—means a certificate issued under section 10A; and(b) in relation to an enrolled nurse—means a certificate issued under section 16A; (Amended 24 of 2024 s. 3)prescribed (訂明) means prescribed by regulations made pursuant to section 27;prescribed fee (訂明費用), in relation to a matter, means the fee prescribed for the matter in regulations made under section 27; (Added 24 of 2024 s. 3)recognized training course (認可訓練課程)—(a) in relation to a qualification obtained by an applicant for special registration or limited registration—means a course of training carried out in Hong Kong that is recognized by the Council for full registration; and(b) in relation to a qualification obtained by an applicant for special enrolment or limited enrolment—means a course of training carried out in Hong Kong that is recognized by the Council for full enrolment; (Added 24 of 2024 s. 3)register (註冊護士名冊) means the register of nurses maintained in accordance with section 5;registered nurse (註冊護士) means a person with full registration, special registration, limited registration or temporary registration; (Amended 24 of 2024 s. 3)roll (登記護士名冊) means the roll of enrolled nurses maintained in accordance with section 11; (Added 38 of 1970 s. 3. Amended 45 of 1972 s. 3)Secretary (局長) means the Secretary for Health; (Added 24 of 2024 s. 3)secretary (秘書) means the secretary to the Council appointed under section 3(6); (Amended 82 of 1997 s. 2; 24 of 2024 s. 3)special enrolment (特別登記)—see section 2B; (Added 24 of 2024 s. 3)special registration (特別註冊)—see section 2A; (Added 24 of 2024 s. 3)specified form (指明格式) means a form specified by the Council under section 28; (Added 24 of 2024 s. 3)specified institution (指明機構) means an institution specified in Schedule 1; (Added 24 of 2024 s. 3)temporary enrolment (暫時登記)—see section 2B; (Added 24 of 2024 s. 3)temporary registration (暫時註冊)—see section 2A; (Added 24 of 2024 s. 3)unprofessional conduct (不專業行為), in relation to a person, means an act or omission of the person that would reasonably be regarded as disgraceful or dishonourable—(a) if the person were a registered nurse—by registered nurses of good repute and competency; or(b) if the person were an enrolled nurse—by enrolled nurses of good repute and competency. (Added 24 of 2024 s. 3)(Amended 47 of 1996 s. 2; 82 of 1997 s. 2)(2) For the purposes of sections 17(6) and 21(2), 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. 71)(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. 71) 2A. References relating to registration of nurses For the purposes of this Ordinance—(a) a person with full registration is a person whose name is contained in Division 1 of the register;(b) a person with special registration is a person whose name is contained in Division 2 of the register;(c) a person with limited registration is a person whose name is contained in Division 3 of the register; and(d) a person with temporary registration is a person whose name is contained in Division 4 of the register,and references to full registration, special registration, limited registration and temporary registration are to be construed accordingly.(Added 24 of 2024 s. 4) 2B. References relating to enrolment of nurses For the purposes of this Ordinance—(a) a person with full enrolment is a person whose name is contained in Division 1 of the roll;(b) a person with special enrolment is a person whose name is contained in Division 2 of the roll;(c) a person with limited enrolment is a person whose name is contained in Division 3 of the roll; and(d) a person with temporary enrolment is a person whose name is contained in Division 4 of the roll,and references to full enrolment, special enrolment, limited enrolment and temporary enrolment are to be construed accordingly.(Added 24 of 2024 s. 4) 2C. Meaning of designated institution (1) For the purposes of this Ordinance, an institution is a designated institution if—(a) it is specified in Part 1 of Schedule 2;(b) it falls within any of the categories of institution specified in Part 2 of Schedule 2;(c) it is designated as such by the Secretary by notice published in the Gazette; or(d) it is designated as such by the Director of Social Welfare by notice published in the Gazette.(2) A notice published under subsection (1)(c) or (d) is not subsidiary legislation.(Added 24 of 2024 s. 4) Part II The Nursing Council (Amended 82 of 1997 s. 3) 3. Establishment and composition of the Council (Amended 82 of 1997 s. 21)(1) For the purposes of this Ordinance, there shall be established a Council to be known as the “Nursing Council of Hong Kong”. (Amended E.R. 7 of 2020)(2) The Council shall consist of— (Amended 82 of 1997 s. 21)(a) the Director;(b) one registered nurse in the public service of Hong Kong who shall be nominated by the Director of Health and appointed by the Chief Executive; (Replaced 5 of 1988 s. 3. Amended L.N. 76 of 1989)(c) 6 members, who shall be nurses registered in accordance with the provisions of this Ordinance and who shall be appointed by the Chief Executive; (Amended 82 of 1997 s. 4)(ca) 6 members who are persons with full registration or persons with full enrolment, and who are— (Added 82 of 1997 s. 4. Amended 24 of 2024 s. 5)(i) appointed by the Chief Executive from a list of not less than 18 such persons elected in an election held in accordance with regulations made under section 27; or(ii) if less than 18 such persons are elected in such an election—appointed at the discretion of the Chief Executive, whether or not the persons appointed are persons elected in the election; (Amended 24 of 2024 s. 5)(d) 2 members, selected by the Chief Executive from a pool of persons consisting of one person nominated by each of the tertiary institutions which have a nursing programme, and appointed by the Chief Executive; (Replaced 82 of 1997 s. 4)(da) (Repealed 82 of 1997 s. 4)(db) one member to be nominated by the Hospital Authority and appointed by the Chief Executive; (Added 68 of 1990 s. 24. Amended 24 of 2024 s. 5)(e) one member who shall be a registered nurse specially qualified in the nursing and care of persons suffering from mental illnesses or in the nursing and care of mentally incapacitated persons and who shall be appointed by the Chief Executive; (Replaced 28 of 1974 s. 3. Amended 24 of 2024 s. 5)(f) 3 lay members who shall be appointed by the Chief Executive. (Added 5 of 1988 s. 3. Amended 82 of 1997 s. 4; 37 of 2000 s. 3)(3) Any member appointed by the Chief Executive shall hold office for a period of 3 years, or such lesser period as the Chief Executive may appoint, and shall be eligible for re-appointment from time to time. (Amended 37 of 2000 s. 3)(4) If any member appointed by the Chief Executive is temporarily absent from Hong Kong or is for any other reason unable to attend to the business of the Council, the Chief Executive may appoint an additional member during the absence or disability of that member. (Amended 67 of 1985 s. 16; 37 of 2000 s. 3; Amended 82 of 1997 s. 21)(4A) Any appointed member may at any time resign by giving notice in writing to the chairman. (Added 82 of 1997 s. 4)(4B) If any appointed member—(a) is sentenced to a term of imprisonment for an offence; (Amended 24 of 2024 s. 5)(b) is the subject of an order made under section 17;(c) becomes bankrupt, or enters into a composition or arrangement with his or her creditors without paying them in full; (Replaced 24 of 2024 s. 5)(d) is detained in a mental hospital; (Replaced 24 of 2024 s. 5)(e) for a member described in subsection (2)(b), (c) or (e), or a member described in subsection (2)(ca) who was appointed in the capacity of a person with full registration—no longer holds a valid practising certificate issued under section 10A; (Replaced 24 of 2024 s. 5)(ea) for a member described in subsection (2)(ca) who was appointed in the capacity of a person with full enrolment—no longer holds a valid practising certificate issued under section 16A; or (Added 24 of 2024 s. 5)(f) is, in the opinion of the Chief Executive, unable or unfit to perform his duties and exercise his powers as a member of the Council,the Chief Executive may revoke the member’s appointment to the Council. (Added 82 of 1997 s. 4. Amended 37 of 2000 s. 3)(5) The chairman of the Council shall— (Amended 82 of 1997 s. 21)(a) be elected by the members from amongst themselves;(b) subject to subsection (5D), hold office for 3 years or until he ceases to hold office as a member, whichever is the earlier; and(c) be eligible for re-election. (Replaced 5 of 1988 s. 3)(5A) If the office of chairman becomes vacant due to effluxion of time, or as a result of resignation or otherwise, the secretary shall convene a meeting of the Council within 3 months of the occurrence of such vacancy for the purpose of electing a chairman. (Added 5 of 1988 s. 3. Amended 82 of 1997 s. 21)(5B) The secretary shall preside at a meeting held under subsection (5A) until the chairman is elected and assumes office, but he shall not have an original or a casting vote. (Added 5 of 1988 s. 3)(5C) If the chairman is unable to perform the functions of his office for any period due to absence from Hong Kong or any other reason, the members of the Council shall at a meeting of the Council elect one of themselves to act in his place for the duration of that period and notwithstanding any provision in this Ordinance, the secretary may, where necessary, convene a meeting for the purpose of such election. (Added 5 of 1988 s. 3)(5D) The chairman may at any time resign his office by giving notice in writing to the secretary. (Added 5 of 1988 s. 3)(6) There shall be a secretary to the Council and the following advisers to the Council— (a) one or more than one legal adviser, (Amended E.R. 7 of 2020; 24 of 2024 s. 5)(b) (Repealed 82 of 1997 s. 4)(c) (Repealed 5 of 1988 s. 3)who shall be appointed by the Chief Executive. (Replaced 28 of 1974 s. 3. Amended 37 of 2000 s. 3) 3A. Questioning of election by election petition The result of an election of members to the Council under section 3(2)(ca) may only be questioned by an election petition heard and determined by the Council.(Added 9 of 2002 s. 4) 3B. Appointment when vacancy arises during term of office (1) If, during the term of office (original term) of a member of the Council described in section 3(2)(ca), the office becomes vacant—(a) if the remainder of the original term is not less than one year, the Chief Executive may—(i) appoint a qualified person from a list of not less than 18 qualified persons elected in an election held in accordance with regulations made under section 27 to fill the vacancy; or(ii) if less than 18 qualified persons are elected in such an election—appoint a qualified person to fill the vacancy at the discretion of the Chief Executive, whether or not the person appointed is a person elected in the election; or(b) if the remainder of the original term is less than one year, the Chief Executive may appoint a qualified person to fill the vacancy at the discretion of the Chief Executive.(2) If, during the term of office (original term) of a member of the Council described in section 3(2)(b), (c), (d), (db), (e) or (f), the office becomes vacant, the Chief Executive may make an appointment under that section to fill the vacancy.(3) A person appointed under subsection (1) or (2) holds office until the end of the original term mentioned in that subsection.(4) In subsection (1)—qualified person (合資格人士) means a person with full registration or a person with full enrolment.(Added 24 of 2024 s. 6) 3C. Persons not eligible for appointment etc. Despite anything in sections 3 and 3B, a person is not eligible for appointment or reappointment as a member of the Council if the person—(a) is sentenced to a term of imprisonment for an offence;(b) is the subject of an order made under section 17;(c) is an undischarged bankrupt;(d) is detained in a mental hospital; or(e) for a member described in section 3(2)(b), (c), (ca) or (e)—does not hold a valid practising certificate issued under section 10A or 16A.(Added 24 of 2024 s. 6) 4. Meetings of the Council (Amended 82 of 1997 s. 21)(1) The Council shall meet at such times and in such places— (Amended 82 of 1997 s. 21)(a) as the chairman may from time to time direct; or(b) as may be requested in writing addressed to the chairman by not less than 7 members. (Amended 9 of 2002 s. 4)(2) At any meeting of the Council 7 members shall be a quorum. (Amended 9 of 2002 s. 4)(3) The validity of any proceedings of the Council shall not be affected by any vacancy among the members thereof or by any defect in the appointment of any member thereto.(4) All questions for determination at any meeting of the Council shall be decided by a majority vote of the members present at such meeting and voting on the question. (Amended 9 of 2002 s. 4)(4A) Nothing in subsection (4) shall be construed to prevent any question for determination by the Council being so decided by a majority opinion of the members on circulation to the members of papers relating to the question. (Added 9 of 2002 s. 4)(5) The chairman at any meeting of the Council shall have an original vote and also, if upon any question the votes are equally divided, a casting vote except in the case of an inquiry held under section 17 in which case he shall have only an original vote.(6) The Council may make standing orders for regulating procedure at, or in connection with, its meetings.(Amended 82 of 1997 s. 21) 4A. Establishment of committees and subcommittees (1) Other than establishing Preliminary Investigation Committees, the Council may establish committees for the better performance of its duties and exercise of its powers, on such terms as the Council thinks fit. (Amended 24 of 2024 s. 96)(2) The Council may appoint to a committee persons who are not members of the Council but it shall not appoint a person in respect of whom an order under section 17 has been made.(3) Each committee shall have a chairman who is appointed by the Council from among the Council’s members.(4) A committee may establish a subcommittee and may appoint persons to the subcommittee who are not members of the committee but it shall not appoint a person in respect of whom an order under section 17 has been made.(5) Each subcommittee shall have a chairman who is appointed by the committee that established the subcommittee and the chairman shall be chosen from among members of the subcommittee who are also members of the committee.(6) In subsection (1)—Preliminary Investigation Committee (初步調查委員會) means a committee established under—(a) regulation 15(1) of the Nurses (Registration and Disciplinary Procedure) Regulations (Cap. 164 sub. leg. A); or(b) regulation 15(1) of the Enrolled Nurses (Enrolment and Disciplinary Procedure) Regulations (Cap. 164 sub. leg. B). (Added 24 of 2024 s. 96)(Added 82 of 1997 s. 5)(Format changes—E.R. 5 of 2024) 4AA. Transaction of business by circulation of papers (1) The Council may transact its business by circulation of a paper to all members without a meeting.(2) Subject to subsection (4), a written resolution that is approved by a majority of the members is as valid and effectual as if it had been passed at a meeting of the Council by the votes of the members so approving.(3) A member may, by giving a notice in writing to the chairman within such period as may be specified in the paper being circulated, request the chairman to refer any item of business in the paper to the next meeting of the Council for determination. (Amended E.R. 7 of 2020)(4) Any approval under subsection (2) in respect of an item of business specified in the notice is void.(Added 9 of 2002 s. 4) 4B. Council may provide information to Secretary The Council may provide any information to the Secretary if the Secretary requests the information for the formulation of health care policies.(Added 24 of 2024 s. 7) Part III Registration of Nurses Division 1 Register (Added 24 of 2024 s. 8) 5. Register of nurses (1) The Council shall cause a register to be kept which shall contain such particulars as may be specified by the Council. (Amended 82 of 1997 s. 21; 24 of 2024 s. 9)(2) The register shall be divided into such number of divisions and parts as may be prescribed. (Amended 24 of 2024 s. 9)(3) Where a person satisfies the conditions of admission to more than one part of the register, his name may be included in each such part.(4) A certificate purporting to be under the seal of the Council and signed by the chairman or secretary of the Council stating that a person is or was at any date or is not or was not at any date duly registered shall be evidence in all courts of law of the fact stated in such certificate until the contrary is proved. (Amended 82 of 1997 s. 21)(5) The register of nurses kept in accordance with the provisions of the Nurses Registration Ordinance 1931*, shall be deemed to be the register required to be maintained, and to have been maintained, in accordance with the provisions of this Ordinance; and every nurse whose name appears therein at the commencement# of this Ordinance shall be deemed to have been registered as a nurse in accordance with the provisions of this Ordinance. Editorial Note: * See Cap. 164, 1950 Ed. # Commencement date: 7 July 1961. 6. Information with respect to nurses (1) The register or a copy of the register must be kept at the offices of the Council and must, except for Division 4 of the register, be open to inspection by any person free of charge during usual business hours upon application being made in writing addressed to the secretary. (Amended 5 of 1988 s. 4)(2) The Council must cause to be published in the Gazette in relation to successive periods, in such manner as the Council may think fit and at intervals of not more than 12 months, lists of all persons whose names have been entered in, removed from or restored to Division 1, 2 or 3 of the register during these periods.(Amended 82 of 1997 s. 21; 24 of 2024 s. 10) 7. Correction of the register (1) The secretary may from time to time amend the register as to the address or other relevant particulars relating to any nurse whose name appears therein upon his being satisfied that such amendment is necessary for the purpose of preserving the accuracy of the register. (2) Subject to the provisions of section 21, the secretary shall add to or delete from the register the name of any nurse whose name the Council directs shall be added thereto or deleted therefrom, as the case may be. (Amended 82 of 1997 s. 21)(3) The Council may order the removal from the register of the name of any person—(a) who makes a written request addressed to the secretary that the person’s name be so removed;(b) who is deceased;(c) whose registration is no longer in force;(d) who has failed to obtain a practising certificate within 6 months after the date of the person’s registration or after the expiry date of the last practising certificate issued to the person; or(e) who has not provided to the secretary an address in Hong Kong at which notices from the Council may be served on the person. (Replaced 24 of 2024 s. 11)(4) For the purposes of subsection (3)(e), a person is to be regarded as not having provided an address to the secretary if—(a) a registered letter is sent to the person at the last address provided by the person to the secretary; and(b) the person fails to acknowledge receipt of the letter within 12 months after the date on which the letter is sent to the person. (Added 24 of 2024 s. 11) Division 2 Registration (Added 24 of 2024 s. 12) 8. Eligibility for full registration (Amended 24 of 2024 s. 13)(1) A person with special registration is eligible for full registration if—(a) the person has, within a period of time specified by the Council, served as a person with special registration in one or more specified institutions for at least 5 years in aggregate;(b) the institution, or each of the institutions, certifies that it is satisfied with the person’s performance by reference to the criteria specified by the Council; and(c) the Council is satisfied that the person is of good character and has good professional conduct. (Replaced 24 of 2024 s. 13)(1A) Any other person is eligible for full registration if—(a) either—(i) the person has completed the prescribed training and has passed the examinations as may be required by the Council; or(ii) the person possesses a valid certificate to practise nursing issued by a certifying body recognized by the Council from time to time as constituting sufficient evidence of the person’s competency to practise nursing; and(b) the Council is satisfied that the person is of good character. (Added 24 of 2024 s. 13)(2) Despite subsection (1A), the Council may require an applicant for full registration to prove the applicant’s competency in nursing by examination conducted by examiners appointed by the Council and, if required, to undergo such further training as the Council may specify. (Amended 24 of 2024 s. 13)(Amended 82 of 1997 s. 21) 8A. Review of results of examinations under section 8 (1) A person who is aggrieved by the result of an examination under section 8 may request the Council to review the result.(2) A request for review under subsection (1)—(a) shall be in writing;(b) shall state the grounds relied on; and(c) shall be made within 1 week after the announcement of the examination result by the Council.(3) On receipt of a request accompanied by a prescribed fee, the Council shall review the relevant examination result as soon as practicable.(4) The Council shall notify the person who has requested the review of the result of the review within 1 month after the completion of the review by a written notice served on the person personally or sent to the person by registered post.(Added 9 of 2002 s. 4) 9. Full registration (Amended 24 of 2024 s. 14)(1) A person may apply to the Council for full registration. (Replaced 24 of 2024 s. 14)(2) An application must—(a) be made in the specified form; and(b) be supported by a declaration by the applicant as to—(i) whether the applicant has been convicted in Hong Kong or elsewhere of an offence punishable with imprisonment;(ii) whether the applicant has been found guilty in Hong Kong or elsewhere of unprofessional conduct; and(iii) whether, at the time of the application, the applicant is the subject of any criminal or disciplinary proceeding in Hong Kong or elsewhere. (Replaced 24 of 2024 s. 14)(2A) Subject to subsection (3), on receiving an application made in accordance with subsection (2), the Council must approve it if the applicant is eligible for full registration in accordance with section 8. (Added 24 of 2024 s. 14)(3) If, after due inquiry into a case referred to it by a Preliminary Investigation Committee in accordance with regulations made under section 27, the Council is satisfied that the applicant of an application—(a) has been convicted in Hong Kong or elsewhere of an offence punishable with imprisonment;(b) has been, in Hong Kong or elsewhere, guilty of unprofessional conduct; or(c) is not of good character,the Council may, in its discretion, reject the application. (Replaced 24 of 2024 s. 14)(4) Such provisions of Part V as are capable of application to an inquiry held for the purposes of this section shall apply to any such inquiry, and any such provision may be construed with such modifications not affecting the substance as may be necessary to render it applicable.(5) In approving an application, the Council must specify in which part or parts of Division 1 of the register the applicant’s name is to be entered. (Added 24 of 2024 s. 14)(6) The Council must notify an applicant in writing of—(a) the Council’s decision; and(b) if the application is rejected, the reason for it. (Added 24 of 2024 s. 14)(7) If an application is approved, the secretary must, after the prescribed fee has been paid, enter the applicant’s name in the part or parts of Division 1 of the register as specified by the Council. (Added 24 of 2024 s. 14)(8) In subsection (3)—Preliminary Investigation Committee (初步調查委員會) means a committee established under regulation 15(1) of the Nurses (Registration and Disciplinary Procedure) Regulations (Cap. 164 sub. leg. A). (Added 24 of 2024 s. 14) 9A. Special registration (1) A person may apply to the Council for special registration.(2) An application must—(a) be made in the specified form; and(b) be supported by a declaration by the applicant as to—(i) whether the applicant has been convicted in Hong Kong or elsewhere of an offence punishable with imprisonment;(ii) whether the applicant has been found guilty in Hong Kong or elsewhere of unprofessional conduct; and(iii) whether, at the time of the application, the applicant is the subject of any criminal or disciplinary proceeding in Hong Kong or elsewhere.(3) On receiving an application made in accordance with subsection (2), the Council must approve it if—(a) the applicant has obtained a qualification outside Hong Kong and the curriculum of the programme leading to the award of the qualification is broadly comparable to the curriculum of the programme of a recognized training course;(b) unless the applicant is a person with special registration or a person with limited registration when the application is made, or was such a person at any time before the application is made—the applicant possesses a valid certificate to practise nursing issued by a certifying body recognized by the Council from time to time as constituting sufficient evidence of the applicant’s competency to practise nursing;(c) the applicant has completed a post-qualification training programme that is relevant to the practice of nursing;(d) the applicant has had at least 3 years of full-time post-qualification clinical experience in a clinic or hospital;(e) the applicant has been selected for full-time employment as a person with special registration in a specified institution; and(f) the Council is satisfied that the applicant is of good character and has good professional conduct.(4) In approving an application, the Council must—(a) specify in which part or parts of Division 2 of the register the applicant’s name is to be entered; and(b) specify a period not exceeding 3 years during which the registration is to be in force.(5) The Council must notify an applicant in writing of—(a) the Council’s decision; and(b) if the application is rejected, the reason for it.(6) If an application is approved, the secretary must, after the prescribed fee has been paid, enter the applicant’s name in the part or parts of Division 2 of the register as specified by the Council.(7) The registration of a person under this section is in force until the earliest of the following—(a) the expiry of the period during which the registration is in force;(b) the termination of the person’s employment as a person with special registration in the specified institution mentioned in subsection (3)(e);(c) the removal of the person’s name from Division 2 of the register under an order made under section 7 or 17.(Added 24 of 2024 s. 15) 9B. Limited registration (1) A person may apply to the Council for limited registration.(2) An application must—(a) be made in the specified form; and(b) be supported by a declaration by the applicant as to—(i) whether the applicant has been convicted in Hong Kong or elsewhere of an offence punishable with imprisonment;(ii) whether the applicant has been found guilty in Hong Kong or elsewhere of unprofessional conduct; and(iii) whether, at the time of the application, the applicant is the subject of any criminal or disciplinary proceeding in Hong Kong or elsewhere.(3) On receiving an application made in accordance with subsection (2), the Council must approve it if—(a) the applicant has obtained a qualification outside Hong Kong and the curriculum of the programme leading to the award of the qualification is broadly comparable to the curriculum of the programme of a recognized training course;(b) unless the applicant is a person with special registration or a person with limited registration when the application is made, or was such a person at any time before the application is made—the applicant possesses a valid certificate to practise nursing issued by a certifying body recognized by the Council from time to time as constituting sufficient evidence of the applicant’s competency to practise nursing;(c) the applicant has been selected for full-time employment as a person with limited registration in a designated institution;(d) the applicant has had at least 1 year of full-time post-qualification clinical experience that is relevant to the employment; and(e) the Council is satisfied that the applicant is of good character and has good professional conduct.(4) In approving an application, the Council—(a) must specify in which part or parts of Division 3 of the register the applicant’s name is to be entered;(b) must specify a period not exceeding 3 years during which the registration is to be in force; and(c) may impose any condition that the Council considers appropriate.(5) The Council must notify an applicant in writing of—(a) the Council’s decision; and(b) if the application is rejected, the reason for it.(6) If an application is approved, the secretary must, after the prescribed fee has been paid, enter the applicant’s name in the part or parts of Division 3 of the register as specified by the Council.(7) The registration of a person under this section is in force until the earliest of the following—(a) the expiry of the period during which the registration is in force;(b) the termination of the person’s employment as a person with limited registration in the designated institution mentioned in subsection (3)(c);(c) the removal of the person’s name from Division 3 of the register under an order made under section 7 or 17.(Added 24 of 2024 s. 15) 9C. Temporary registration (1) A relevant institution (applicant) may apply to the Council for temporary registration of a person (subject person) exclusively for conducting clinical demonstration for, or academic exchanges with, the applicant.(2) An application must—(a) be made in the specified form; and(b) be supported by a declaration by the subject person as to—(i) whether the subject person has been convicted in Hong Kong or elsewhere of an offence punishable with imprisonment;(ii) whether the subject person has been found guilty in Hong Kong or elsewhere of unprofessional conduct; and(iii) whether, at the time of the application, the subject person is the subject of any criminal or disciplinary proceeding in Hong Kong or elsewhere.(3) On receiving an application made in accordance with subsection (2), the Council may approve or reject it.(4) However, the Council must not approve an application unless the Council is satisfied that it is appropriate and necessary for the subject person to be granted temporary registration to enable the person to conduct the clinical demonstration or academic exchanges concerned.(5) In approving an application, the Council—(a) must specify in which part or parts of Division 4 of the register the subject person’s name is to be entered;(b) must specify a period not exceeding 14 days during which the registration is to be in force; and(c) may impose any condition that the Council considers appropriate.(6) The Council must notify an applicant in writing of—(a) the Council’s decision; and(b) if the application is rejected, the reason for it.(7) If an application is approved, the secretary must, after the prescribed fee has been paid, enter the subject person’s name in the part or parts of Division 4 of the register as specified by the Council.(8) The registration of a person under this section is in force until the earlier of the following—(a) the expiry of the period during which the registration is in force;(b) the removal of the person’s name from Division 4 of the register under an order made under section 7 or 17;(c) the Council’s receipt of the applicant’s written notification for the termination of the registration.(9) For the purposes of this section, an institution is a relevant institution if it is specified as such by the Council by notice published in the Gazette.(10) A notice published under subsection (9) is not subsidiary legislation.(Added 24 of 2024 s. 15) Division 3 Certificate of Registration and Practising Certificate (Added 24 of 2024 s. 15) 10. Certificate of registration (1) If the name of a person is entered in the register, the secretary must issue to the person a certificate in the specified form. (Replaced 24 of 2024 s. 16)(2) (Repealed 9 of 2002 s. 4)(3) Any certificate issued under the provisions of the Nurses Registration Ordinance 1931*, shall be deemed to have been validly issued under the provisions of this Ordinance.(4)-(5) (Repealed 82 of 1997 s. 9) Editorial Note: * See Cap. 164, 1950 Ed. 10A. Person not to practise as registered nurse without practising certificate (1) A registered nurse (other than a person deemed to be a registered nurse under section 26) must not practise as a registered nurse in Hong Kong unless he is the holder of a practising certificate which is then in force issued under this section. (Amended 24 of 2024 s. 17)(2) Subject to the payment of the prescribed fee for the issue of a practising certificate under this section, the Council must, on application made by a registered nurse, issue to the nurse a practising certificate. (Replaced 24 of 2024 s. 17)(2A) Subsection (2) and this subsection expire at the time when subsection (2B) comes into operation. (Added 24 of 2024 s. 17)(2B) (Addition not yet in operation—see 24 of 2024 s. 17)(2C) (Addition not yet in operation—see 24 of 2024 s. 17)(2D) The Council may specify in a practising certificate any condition that the Council considers appropriate. (Added 24 of 2024 s. 17)(2E) (Addition not yet in operation—see 24 of 2024 s. 17)(3) If the Council issues a practising certificate to a person with full registration in respect of a period that is to commence in the year in which the application for the certificate is made, the Council must issue a certificate that, subject to subsection (5), is in force from the date of its issue until the end of the third year commencing on 1 January of the year of issue. (Amended 24 of 2024 s. 17)(4) If the Council issues a practising certificate to a person with full registration in respect of a period that is to commence in the year following the year in which the application for the certificate is made, the Council must issue a certificate that, subject to subsection (5), is in force for a period of 3 years commencing on 1 January of the first year of the relevant period. (Amended 24 of 2024 s. 17)(4A) A practising certificate issued to a person with special registration or limited registration is, subject to subsection (5), in force for a period not exceeding 3 years, as specified in the certificate, beginning on the date of issue of the certificate. (Added 24 of 2024 s. 17)(4B) A practising certificate issued to a person with temporary registration is, subject to subsection (5), in force for a period not exceeding 14 days, as specified in the certificate, beginning on the date of issue of the certificate. (Added 24 of 2024 s. 17)(5) If at any time during the currency of a practising certificate issued under this section, the name of the holder of the certificate is removed from the register, the certificate shall thereupon be deemed to be cancelled. (6) An applicant for a practising certificate is deemed to have obtained the certificate when the applicant has duly applied to the Council and has paid the prescribed fee. (Replaced 24 of 2024 s. 17)(7) Subsection (6) ceases to have effect in relation to the applicant when—(a) the Council issues a practising certificate to the applicant; or(b) the Council rejects the application. (Replaced 24 of 2024 s. 17)(Added 34 of 1995 s. 27) 10AA. Replacement copies of certificates of registration or of practising certificates for registered nurses (1) The holder of a current certificate of registration or practising certificate issued under section 10 or 10A respectively may apply to the secretary for a replacement copy of the certificate of registration or of the practising certificate (as the case may be) if the original certificate of registration or practising certificate (as the case may be) is lost, destroyed or defaced.(2) Subject to subsection (3), the secretary shall issue to the applicant a replacement copy of the certificate on receipt of an application accompanied by a prescribed fee.(3) The secretary shall not issue a replacement copy of the certificate unless the applicant proves to the satisfaction of the secretary that the original certificate is lost, destroyed or defaced.(Added 9 of 2002 s. 4) 10B. (Repealed 24 of 2024 s. 18) Part IV Enrolled Nurses (Part IV added 38 of 1970 s. 6. Amended 45 of 1972 s. 3) Division 1 Roll (Added 24 of 2024 s. 19) 11. Roll of enrolled nurses (1) The Council shall cause to be kept a roll of enrolled nurses which shall contain such particulars as may be specified by the Council. (Amended 45 of 1972 s. 3; 82 of 1997 s. 21; 24 of 2024 s. 20)(2) The roll shall be divided into such number of divisions and parts as may be prescribed. (Amended 24 of 2024 s. 20)(3) Where a person satisfies the conditions of admission to more than one part of the roll, his name may be included in each such part.(4) A certificate purporting to be under the seal of the Council and signed by the chairman or secretary stating that a person is or was at any date or is not or was not at any date an enrolled nurse shall be evidence in all courts of law of the fact stated in such certificate until the contrary is proved. (Amended 45 of 1972 s. 3; 82 of 1997 s. 21) 12. Information with respect to enrolled nurses (1) The roll or a copy of the roll must be kept at the offices of the Council and must, except for Division 4 of the roll, be open to inspection by any person free of charge during usual business hours upon application being made in writing addressed to the secretary. (Amended 5 of 1988 s. 5) (2) The Council must cause to be published in the Gazette in relation to successive periods, in such manner as the Council may think fit and at intervals of not more than 12 months, lists of all persons whose names have been entered in, removed from or restored to Division 1, 2 or 3 of the roll during these periods.(Amended 82 of 1997 s. 21; 24 of 2024 s. 21) 13. Correction of the roll (1) The secretary may from time to time amend the roll as to the address or other relevant particulars relating to any nurse whose name appears therein upon his being satisfied that such amendment is necessary for the purpose of preserving the accuracy of the roll.(2) Subject to the provisions of section 21, the secretary shall add to or delete from the roll the name of any nurse whose name the Council directs shall be added thereto or deleted therefrom, as the case may be. (Amended 82 of 1997 s. 21)(3) The Council may order the removal from the roll of the name of any person—(a) who makes a written request addressed to the secretary that the person’s name be so removed;(b) who is deceased;(c) whose enrolment is no longer in force;(d) who has failed to obtain a practising certificate within 6 months after the date of the person’s enrolment or after the expiry date of the last practising certificate issued to the person; or(e) who has not provided to the secretary an address in Hong Kong at which notices from the Council may be served on the person. (Replaced 24 of 2024 s. 22)(4) For the purposes of subsection (3)(e), a person is to be regarded as not having provided an address to the secretary if—(a) a registered letter is sent to the person at the last address provided by the person to the secretary; and(b) the person fails to acknowledge receipt of the letter within 12 months after the date on which the letter is sent to the person. (Added 24 of 2024 s. 22)(Amended 45 of 1972 s. 3) Division 2 Enrolment (Added 24 of 2024 s. 23) 14. Eligibility for full enrolment (Amended 24 of 2024 s. 24)(1) A person with special enrolment is eligible for full enrolment if—(a) the person has, within a period of time specified by the Council, served as a person with special enrolment in one or more specified institutions for at least 5 years in aggregate;(b) the institution, or each of the institutions, certifies that it is satisfied with the person’s performance by reference to the criteria specified by the Council; and(c) the Council is satisfied that the person is of good character and has good professional conduct. (Replaced 24 of 2024 s. 24)(1A) Any other person is eligible for full enrolment if—(a) either—(i) the person has completed the prescribed training and has passed the examinations as may be required by the Council; or(ii) the person possesses a valid certificate to practise nursing issued by a certifying body recognized by the Council from time to time as constituting sufficient evidence of the person’s competency to practise nursing; and(b) the Council is satisfied that the person is of good character. (Added 24 of 2024 s. 24)(2) Despite subsection (1A), the Council may require an applicant for full enrolment to prove the applicant’s competency in nursing by examination conducted by examiners appointed by the Council and, if required, to undergo such further training as the Council may specify. (Amended 24 of 2024 s. 24)(3) (Repealed 24 of 2024 s. 24)(Amended 82 of 1997 s. 21) 14A. Review of results of examinations under section 14 (1) A person who is aggrieved by the result of an examination under section 14 may request the Council to review the result.(2) A request for review under subsection (1)—(a) shall be in writing;(b) shall state the grounds relied on; and(c) shall be made within 1 week after the announcement of the examination result by the Council.(3) On receipt of a request accompanied by a prescribed fee, the Council shall review the relevant examination result as soon as practicable.(4) The Council shall notify the person who has requested the review of the result of the review within 1 month after the completion of the review by a written notice served on the person personally or sent to the person by registered post.(Added 9 of 2002 s. 4) 15. Full enrolment (Amended 24 of 2024 s. 25)(1) A person may apply to the Council for full enrolment. (Replaced 24 of 2024 s. 25)(2) An application must—(a) be made in the specified form; and(b) be supported by a declaration by the applicant as to—(i) whether the applicant has been convicted in Hong Kong or elsewhere of an offence punishable with imprisonment;(ii) whether the applicant has been found guilty in Hong Kong or elsewhere of unprofessional conduct; and(iii) whether, at the time of the application, the applicant is the subject of any criminal or disciplinary proceeding in Hong Kong or elsewhere. (Replaced 24 of 2024 s. 25)(2A) Subject to subsection (3), on receiving an application made in accordance with subsection (2), the Council must approve it if the applicant is eligible for full enrolment in accordance with section 14. (Added 24 of 2024 s.

25)(3) If, after due inquiry into a case referred to it by a Preliminary Investigation Committee in accordance with regulations made under section 27, the Council is satisfied that the applicant of an application—(a) has been convicted in Hong Kong or elsewhere of an offence punishable with imprisonment;(b) has been, in Hong Kong or elsewhere, guilty of unprofessional conduct; or(c) is not of good character,the Council may, in its discretion, reject the application. (Replaced 24 of 2024 s. 25)(4) Such provisions of Part V as are capable of application to an inquiry held for the purposes of this section shall apply to any such inquiry, and any such provision may be construed with such modifications not affecting the substance thereof as may be necessary to render it applicable.(5) In approving an application, the Council must specify in which part or parts of Division 1 of the roll the applicant’s name is to be entered. (Added 24 of 2024 s. 25)(6) The Council must notify an applicant in writing of—(a) the Council’s decision; and(b) if the application is rejected, the reason for it. (Added 24 of 2024 s. 25)(7) If an application is approved, the secretary must, after the prescribed fee has been paid, enter the applicant’s name in the part or parts of Division 1 of the roll as specified by the Council. (Added 24 of 2024 s. 25)(8) In subsection (3)—Preliminary Investigation Committee (初步調查委員會) means a committee established under regulation 15(1) of the Enrolled Nurses (Enrolment and Disciplinary Procedure) Regulations (Cap. 164 sub. leg. B). (Added 24 of 2024 s. 25) 15A. Special enrolment (1) A person may apply to the Council for special enrolment.(2) An application must—(a) be made in the specified form; and(b) be supported by a declaration by the applicant as to—(i) whether the applicant has been convicted in Hong Kong or elsewhere of an offence punishable with imprisonment;(ii) whether the applicant has been found guilty in Hong Kong or elsewhere of unprofessional conduct; and(iii) whether, at the time of the application, the applicant is the subject of any criminal or disciplinary proceeding in Hong Kong or elsewhere.(3) On receiving an application made in accordance with subsection (2), the Council must approve it if—(a) the applicant has obtained a qualification outside Hong Kong and the curriculum of the programme leading to the award of the qualification is broadly comparable to the curriculum of the programme of a recognized training course;(b) unless the applicant is a person with special enrolment or a person with limited enrolment when the application is made, or was such a person at any time before the application is made—the applicant possesses a valid certificate to practise nursing issued by a certifying body recognized by the Council from time to time as constituting sufficient evidence of the applicant’s competency to practise nursing;(c) the applicant has completed a post-qualification training programme that is relevant to the practice of nursing;(d) the applicant has had at least 3 years of full-time post-qualification clinical experience in a clinic or hospital;(e) the applicant has been selected for full-time employment as a person with special enrolment in a specified institution; and(f) the Council is satisfied that the applicant is of good character and has good professional conduct.(4) In approving an application, the Council must—(a) specify in which part or parts of Division 2 of the roll the applicant’s name is to be entered; and(b) specify a period not exceeding 3 years during which the enrolment is to be in force.(5) The Council must notify an applicant in writing of—(a) the Council’s decision; and(b) if the application is rejected, the reason for it.(6) If an application is approved, the secretary must, after the prescribed fee has been paid, enter the applicant’s name in the part or parts of Division 2 of the roll as specified by the Council.(7) The enrolment of a person under this section is in force until the earliest of the following—(a) the expiry of the period during which the enrolment is in force;(b) the termination of the person’s employment as a person with special enrolment in the specified institution mentioned in subsection (3)(e);(c) the removal of the person’s name from Division 2 of the roll under an order made under section 13 or 17.(Added 24 of 2024 s. 26) 15B. Limited enrolment (1) A person may apply to the Council for limited enrolment.(2) An application must—(a) be made in the specified form; and(b) be supported by a declaration by the applicant as to—(i) whether the applicant has been convicted in Hong Kong or elsewhere of an offence punishable with imprisonment;(ii) whether the applicant has been found guilty in Hong Kong or elsewhere of unprofessional conduct; and(iii) whether, at the time of the application, the applicant is the subject of any criminal or disciplinary proceeding in Hong Kong or elsewhere.(3) On receiving an application made in accordance with subsection (2), the Council must approve it if—(a) the applicant has obtained a qualification outside Hong Kong and the curriculum of the programme leading to the award of the qualification is broadly comparable to the curriculum of the programme of a recognized training course;(b) unless the applicant is a person with special enrolment or a person with limited enrolment when the application is made, or was such a person at any time before the application is made—the applicant possesses a valid certificate to practise nursing issued by a certifying body recognized by the Council from time to time as constituting sufficient evidence of the applicant’s competency to practise nursing;(c) the applicant has been selected for full-time employment as a person with limited enrolment in a designated institution;(d) the applicant has had at least 1 year of full-time post-qualification clinical experience that is relevant to the employment; and(e) the Council is satisfied that the applicant is of good character and has good professional conduct.(4) In approving an application, the Council—(a) must specify in which part or parts of Division 3 of the roll the applicant’s name is to be entered;(b) must specify a period not exceeding 3 years during which the enrolment is to be in force; and(c) may impose any condition that the Council considers appropriate.(5) The Council must notify an applicant in writing of—(a) the Council’s decision; and(b) if the application is rejected, the reason for it.(6) If an application is approved, the secretary must, after the prescribed fee has been paid, enter the applicant’s name in the part or parts of Division 3 of the roll as specified by the Council.(7) The enrolment of a person under this section is in force until the earliest of the following—(a) the expiry of the period during which the enrolment is in force;(b) the termination of the person’s employment as a person with limited enrolment in the designated institution mentioned in subsection (3)(c);(c) the removal of the person’s name from Division 3 of the roll under an order made under section 13 or 17.(Added 24 of 2024 s. 26) 15C. Temporary enrolment (1) A relevant institution (applicant) may apply to the Council for temporary enrolment of a person (subject person) exclusively for conducting clinical demonstration for, or academic exchanges with, the applicant.(2) An application must—(a) be made in the specified form; and(b) be supported by a declaration by the subject person as to—(i) whether the subject person has been convicted in Hong Kong or elsewhere of an offence punishable with imprisonment;(ii) whether the subject person has been found guilty in Hong Kong or elsewhere of unprofessional conduct; and(iii) whether, at the time of the application, the subject person is the subject of any criminal or disciplinary proceeding in Hong Kong or elsewhere.(3) On receiving an application made in accordance with subsection (2), the Council may approve or reject it.(4) However, the Council must not approve an application unless the Council is satisfied that it is appropriate and necessary for the subject person to be granted temporary enrolment to enable the person to conduct the clinical demonstration or academic exchanges concerned.(5) In approving an application, the Council—(a) must specify in which part or parts of Division 4 of the roll the subject person’s name is to be entered;(b) must specify a period not exceeding 14 days during which the enrolment is to be in force; and(c) may impose any condition that the Council considers appropriate.(6) The Council must notify an applicant in writing of—(a) the Council’s decision; and(b) if the application is rejected, the reason for it.(7) If an application is approved, the secretary must, after the prescribed fee has been paid, enter the subject person’s name in the part or parts of Division 4 of the roll as specified by the Council.(8) The enrolment of a person under this section is in force until the earlier of the following—(a) the expiry of the period during which the enrolment is in force;(b) the removal of the person’s name from Division 4 of the roll under an order made under section 13 or 17;(c) the Council’s receipt of the applicant’s written notification for the termination of the enrolment.(9) For the purposes of this section, an institution is a relevant institution if it is specified as such by the Council by notice published in the Gazette.(10) A notice published under subsection (9) is not subsidiary legislation.(Added 24 of 2024 s. 26) Division 3 Certificate of Enrolment and Practising Certificate (Added 24 of 2024 s. 26) 16. Certificate of enrolment (1) If the name of a person is entered in the roll, the secretary must issue to the person a certificate in the specified form. (Replaced 24 of 2024 s. 27)(2) (Repealed 9 of 2002 s. 4)(3)-(4) (Repealed 82 of 1997 s. 13) 16A. Person not to practise as enrolled nurse without practising certificate (1) An enrolled nurse (other than a person deemed to be an enrolled nurse under section 26) must not practise as an enrolled nurse in Hong Kong unless he is the holder of a practising certificate which is then in force issued under this section. (Amended 24 of 2024 s. 28)(2) Subject to the payment of the prescribed fee for the issue of a practising certificate under this section, the Council must, on application made by an enrolled nurse, issue to the nurse a practising certificate. (Replaced 24 of 2024 s. 28)(2A) Subsection (2) and this subsection expire at the time when subsection (2B) comes into operation. (Added 24 of 2024 s. 28)(2B) (Addition not yet in operation—see 24 of 2024 s. 28)(2C) (Addition not yet in operation—see 24 of 2024 s. 28)(2D) The Council may specify in a practising certificate any condition that the Council considers appropriate. (Added 24 of 2024 s. 28)(2E) (Addition not yet in operation—see 24 of 2024 s. 28)(3) If the Council issues a practising certificate to a person with full enrolment in respect of a period that is to commence in the year in which the application for the certificate is made, the Council must issue a certificate that, subject to subsection (5), is in force from the date of its issue until the end of the third year commencing on 1 January of the year of issue. (Amended 24 of 2024 s. 28)(4) If the Council issues a practising certificate to a person with full enrolment in respect of a period that is to commence in the year following the year in which the application for the certificate is made, the Council must issue a certificate that, subject to subsection (5), is in force for a period of 3 years commencing on 1 January of the first year of the relevant period. (Amended 24 of 2024 s. 28)(4A) A practising certificate issued to a person with special enrolment or limited enrolment is, subject to subsection (5), in force for a period not exceeding 3 years, as specified in the certificate, beginning on the date of issue of the certificate. (Added 24 of 2024 s. 28)(4B) A practising certificate issued to a person with temporary enrolment is, subject to subsection (5), in force for a period not exceeding 14 days, as specified in the certificate, beginning on the date of issue of the certificate. (Added 24 of 2024 s. 28)(5) If at any time during the currency of a practising certificate issued under this section, the name of the holder of the certificate is removed from the roll, the certificate shall thereupon be deemed to be cancelled. (6) An applicant for a practising certificate is deemed to have obtained the certificate when the applicant has duly applied to the Council and has paid the prescribed fee. (Replaced 24 of 2024 s. 28)(7) Subsection (6) ceases to have effect in relation to the applicant when—(a) the Council issues a practising certificate to the applicant; or(b) the Council rejects the application. (Replaced 24 of 2024 s. 28)(Added 34 of 1995 s. 29) 16AA. Replacement copies of certificates of enrolment or of practising certificates for enrolled nurses (1) The holder of a current certificate of enrolment or practising certificate issued under section 16 or 16A respectively may apply to the secretary for a replacement copy of the certificate of enrolment or of the practising certificate (as the case may be) if the original certificate of enrolment or practising certificate (as the case may be) is lost, destroyed or defaced.(2) Subject to subsection (3), the secretary shall issue to the applicant a replacement copy of the certificate on receipt of an application accompanied by a prescribed fee.(3) The secretary shall not issue a replacement copy of the certificate unless the applicant proves to the satisfaction of the secretary that the original certificate is lost, destroyed or defaced.(Added 9 of 2002 s. 4) 16B. (Repealed 24 of 2024 s. 29) Part V Disciplinary Proceedings and Offences 17. Disciplinary powers of the Council (Amended 82 of 1997 s. 21)(1) If, after due inquiry into a case referred to it by a Preliminary Investigation Committee in accordance with regulations made under section 27, the Council is satisfied that any registered nurse or any enrolled nurse, as the case may be— (Amended 82 of 1997 s. 21; 24 of 2024 s. 30)(a) has been, in Hong Kong or elsewhere, convicted of an offence punishable with imprisonment; (Amended 24 of 2024 s. 30)(b) has been, in Hong Kong or elsewhere, guilty of unprofessional conduct;(c) has obtained registration or enrolment by fraud or misrepresentation;(d) was not at the time of registration or enrolment eligible to be registered or enrolled (as the case may be); (Amended 24 of 2024 s. 30)(da) has contravened any condition imposed under section 9B, 9C, 15B or 15C, or specified under section 10A or 16A; or (Added 24 of 2024 s. 30)(e) has contravened any prohibition imposed under section 25(1),the Council, in its discretion, may— (Amended 82 of 1997 s. 21)(i) order that the name of the registered nurse or enrolled nurse be removed from the register or roll or any part thereof;(ii) order that the name of the registered nurse or enrolled nurse be removed from the register or the roll or any part thereof, for such specified period as it may think fit;(iii) order that such registered nurse or enrolled nurse be reprimanded; or(iv) postpone judgment on the case for any period not exceeding 2 years,and may, in any event, make such order as the Council thinks fit with regard to the payment of costs of the chairman or of the secretary or other person presenting the case to the Council or of any complainant or of such registered nurse, or such enrolled nurse. (Replaced 38 of 1970 s. 7. Amended 67 of 1985 s. 16; 82 of 1997 s. 21; E.R. 7 of 2020)(2) Any costs awarded in pursuance of subsection (1) may be recovered as a civil debt. (Amended 38 of 1970 s. 7)(3) (Repealed 24 of 2024 s. 30)(4) Nothing in this section shall be construed to require the Council to inquire into the question whether a registered nurse or an enrolled nurse was properly convicted but the Council may consider any record of the case in which such conviction was recorded and any other evidence which may be available and is relevant as showing the nature and gravity of the offence. (Amended 38 of 1970 s. 7; 82 of 1997 s. 21)(5) (Repealed 24 of 2024 s. 30)(6) Within 30 days after the expiration of the time within which an appeal against an order made by the Council may be made to the Court of Appeal in accordance with the provisions of section 22, or if such an appeal has been made, within 30 days after the appeal is finally determined, the Council shall cause the order or, if the order is varied on appeal, the order as so varied to be published in the Gazette, and may cause an account of the proceedings at the inquiry at which such order was made to be so published together with sufficient particulars to acquaint the public with the nature of the offence to which the order relates. (Amended 92 of 1975 s. 59; 82 of 1997 s. 21; 10 of 2005 s. 72)(Amended 45 of 1972 s. 3) 18. Powers of the Council with regard to obtaining evidence and the conduct of proceedings (Amended 82 of 1997 s. 21)(1) For the purpose of any inquiry under section 9, 15 or 17, the Council shall have the following powers— (Amended 38 of 1970 s. 8; 82 of 1997 s. 21)(a) to take evidence and examine witnesses on oath;(b) to summon any person to attend the inquiry to give evidence or to produce any document or other thing in his possession or under his control and to examine him as a witness or to require him to produce any document or other thing in his possession or under his control;(c) to admit or exclude the public or any member of the public from the inquiry;(d) to admit or exclude the press from the inquiry; and(e) to award any person summoned to attend the inquiry such sum or sums as in the opinion of the Council may have been reasonably expended by him by reason of his attendance. (Amended 82 of 1997 s. 21)(2) Summonses as to witnesses may be in such form as may be prescribed and shall be signed by the secretary. 19. Penalty for failure to give evidence Any person who, being summoned to attend as a witness or to produce any document or other thing at any inquiry held in accordance with the provisions of section 17, refuses or neglects to do so or to answer any question put to him by or with the leave of the Council shall be guilty of an offence and shall be liable on summary conviction to a fine at level 3 and to imprisonment for 6 months: (Amended E.R. 7 of 2020; 82 of 1997 s. 15 and 24 of 2024 s. 98)Provided that no person shall be required to answer any question, or to produce any document or other thing which, in the opinion of the Council, may tend to incriminate himself; and every witness shall, in respect of any evidence given by him before the Council, be entitled to the same privileges to which he would be entitled if he were giving evidence before a court of justice.(Amended 82 of 1997 s. 21) 20. Representation of parties at disciplinary inquiries The complainant in any inquiry held in accordance with the provisions of section 17 and the registered nurse or enrolled nurse whose conduct is the subject of such inquiry shall be entitled to be represented by counsel or solicitor or by a friend throughout the inquiry. (Amended 38 of 1970 s. 9; 45 of 1972 s. 3) 21. Provisions relating to orders of the Council (Amended 82 of 1997 s. 21)(1) The secretary must cause a copy of an order made under section 17(1) to be served, as soon as may be after the making of the order, upon the registered nurse or the enrolled nurse concerned, as the case may be, either personally or by registered post addressed to him at the last address known to the secretary. (Replaced 38 of 1970 s. 10. Amended 67 of 1985 s. 16)(2) The secretary shall not remove the name of any registered nurse from the register or of any enrolled nurse from the roll, before the expiration of 30 days after the service upon such nurse of the copy of the order referred to in subsection (1), or, in the case of an appeal made to the Court of Appeal against the order under section 22, before the appeal is finally determined. (Amended 38 of 1970 s. 10; 10 of 2005 s. 73)(3) If— (Amended 24 of 2024 s. 31)(a) a person’s name is removed from a part of Division 1 of the register in accordance with the provisions of this Ordinance; or (Replaced 24 of 2024 s. 31)(b) a person’s name is removed from a part of Division 1 of the roll in accordance with the provisions of this Ordinance,the person may apply to the Council for the restoration of the person’s name to that part of the register or to that part of the roll (as the case may be). (Replaced 38 of 1970 s. 10)(4) The Council may, in its absolute discretion, and after such inquiry and subject to such conditions as it may consider expedient, either allow or reject an application. (Added 38 of 1970 s. 10. Amended 82 of 1997 s. 21) (4A) The Council must notify an applicant in writing of—(a) the Council’s decision; and(b) if the application is rejected, the reason for it. (Added 24 of 2024 s. 31)(4B) If the Council allows an application, the Council must direct the secretary to restore the applicant’s name to the part of the register or to the part of the roll (as the case may be), and the secretary must, after the prescribed fee has been paid, restore the name accordingly. (Added 24 of 2024 s. 31)(5) Where the Council has ordered that the name of—(a) a registered nurse be removed from the register; or(b) an enrolled nurse be removed from the roll,for a specified period of time, the secretary must, on expiry of the period and after the prescribed fee has been paid, restore the name to the register or the roll, as the case may be. (Added 82 of 1997 s. 16 and 24 of 2024 s. 99. Format changes—E.R. 5 of 2024)(Amended 45 of 1972 s. 3; 24 of 2024 s. 31) 22. Appeals (1) A person who is aggrieved by— (Amended 24 of 2024 s. 32)(a) the Council’s decision to reject the person’s application for registration under section 9, 9A, 9B or 9C;(b) the Council’s decision to reject the person’s application for enrolment under section 15, 15A, 15B or 15C;(c) the Council’s decision to impose a condition under section 9B, 9C, 15B or 15C, or to specify a condition under section 10A or 16A;(d) (Addition not yet in operation—see 24 of 2024 s. 32)(e) an order made under section 17(1); or(f) the Council’s decision to reject the person’s application for the restoration of the person’s name to the register or roll under section 21,may appeal to the Court of Appeal and the Court of Appeal may affirm, vary or reverse the decision or the order, as the case may be, and may exercise any power which the Council might have exercised. (Replaced 38 of 1970 s. 11. Amended 92 of 1975 s. 59; 67 of 1985 s. 16; 82 of 1997 s. 21; 10 of 2005 ss. 70 & 74; 24 of 2024 s. 32)(2) Subject to subsection (3), the procedure in relation to an appeal made under subsection (1) is subject to the rules of court made under the High Court Ordinance (Cap. 4). (Replaced 24 of 2024 s. 32)(3) No appeal may be heard unless the person mentioned in subsection (1) gives a notice of appeal to the Court of Appeal within 30 days after—(a) the day on which a notice of the Council’s decision to which the appeal relates is given to the person—(i) under section 9(6), 9A(5), 9B(5), 9C(6), 15(6), 15A(5), 15B(5), 15C(6) or 21(4A); or(ii) (Addition not yet in operation—see 24 of 2024 s. 32)(b) if the appeal relates to a condition specified in a practising certificate issued to the person—the day on which the Council issues the certificate to the person under section 10A or 16A; or(c) the day on which a copy of the order to which the appeal relates is served on the person under section 21(1). (Added 24 of 2024 s. 32) Part VI Miscellaneous Offences and Prohibitions 23. Falsification of register or roll Any person who wilfully makes, or causes to be made, a false statement in a matter relating—(a) to the register or to the registration of any name therein; or (b) to the roll or to the enrolment of any name therein, shall be guilty of an offence and shall be liable upon conviction to a fine at level 5 and to imprisonment for 2 years. (Replaced 38 of 1970 s. 12. Amended E.R. 7 of 2020; 82 of 1997 s. 17 and 24 of 2024 s. 100) 24. Penalties for assumption of title of nurses, etc. (1) Any person who—(a) not being a duly registered nurse in accordance with the provisions of this Ordinance, wilfully pretends to be or takes or uses the name or title of registered nurse, either alone or in combination with any other words or letters, or any name, title, addition, description, uniform, or badge, implying that he is registered or recognized by law as registered; (Amended 24 of 2024 s. 33) (b) being a person whose name is included in any part of the register, takes or uses any name, title, addition, description, uniform or badge, or otherwise does any act of any kind, implying that his name is included in some other part of the register; (Amended 24 of 2024 s. 33)(c) not being an enrolled nurse wilfully pretends to be or takes or uses the name or title of an enrolled nurse, either alone or in combination with any other words or letters, or any name, title, addition, description, uniform, or badge, implying that he is enrolled or recognized by law as an enrolled nurse; (Amended 24 of 2024 s. 33)(d) being a person whose name is included in any part of the roll, takes or uses any name, title, addition, description, uniform or badge, or otherwise does any act of any kind, implying that his name is included in some other part of the roll; (e) at any time, with intent to deceive—(i) in the case of a registered nurse, makes use of any certificate of registration issued to him or to any other person; or (ii) in the case of an enrolled nurse, makes use of any certificate of enrolment issued to him or to any other person; or (f) not being a person whose name is included in any part of the register, or a person whose name is included in any part of the roll, takes or uses the name or title of nurse, either alone or in combination with any other words or letters, or any name, title, addition, description, uniform, or badge, implying that he is a nurse, (Added 47 of 1996 s. 3) shall be guilty of an offence and shall be liable on summary conviction to a fine at level 5 and to imprisonment for 2 years. (Amended 38 of 1970 s. 13; 45 of 1972 s. 3; 47 of 1996 s. 3; E.R. 7 of 2020) (2) Any person who—(a) knowing that some other person is not registered as a nurse under this Ordinance, makes any statement or does any act which suggests that such other person is so registered; or (b) knowing that some other person is not an enrolled nurse makes any statement or does any act which suggests that such other person is so enrolled, (Amended 45 of 1972 s. 3) shall be guilty of an offence and shall be liable on conviction to a fine at level 5 and to imprisonment for 2 years. (Replaced 38 of 1970 s. 13. Amended E.R. 7 of 2020) (3) (Repealed 47 of 1996 s. 3) (4) (Repealed 82 of 1997 s. 18)(Amended 82 of 1997 s. 18 and 24 of 2024 s. 101) 25. Power of Council to prohibit registered nurses or enrolled nurses suffering from certain diseases from attending sick persons (Amended 82 of 1997 s. 21)(1) If any registered nurse or any enrolled nurse contracts any scheduled infectious disease within the meaning of the Prevention and Control of Disease Ordinance (Cap. 599), which, in the opinion of the Council, is likely to endanger the health of any person attended by him, the Council may prohibit such registered nurse or enrolled nurse, as the case may be, from attending sick persons in his professional capacity. (Amended 38 of 1970 s. 14; 45 of 1972 s. 3; 82 of 1997 s. 21; 14 of 2008 s. 18)(2) Any contravention of a prohibition imposed under this section shall constitute a ground for the institution of disciplinary proceedings in accordance with section 17. Part VII Miscellaneous Provisions (Amended 24 of 2024 s. 34) 26. Exemptions from registration The following persons shall be exempted from registration or enrolment but shall be deemed to be registered nurses or enrolled nurses— (Amended 38 of 1970 s. 15; 45 of 1972 s. 3)(a) persons serving in the Chinese People’s Liberation Army in the capacity of nurse while acting in the discharge of their duty. (Amended 2 of 2012 s. 3; 24 of 2024 s. 35)(b) (Repealed 24 of 2024 s. 35) 27. Regulations (1) The Chief Executive in Council may by regulation prescribe the fees payable under this Ordinance, and different fees may be prescribed for cases of different classes or description. (Replaced 9 of 2002 s. 4)(2) The Secretary may by regulation provide for— (Amended L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022; 24 of 2024 s. 36)(a) the duties of a legal adviser; and (Amended 24 of 2024 s. 36)(b) additional duties to be performed by the secretary. (Added 82 of 1997 s. 20)(3) Subject to the approval of the Secretary, the Council may by regulation provide for— (Amended L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022; 24 of 2024 s. 36)(a) the nature of the particulars to be entered in the register and on the roll and the manner in which they are to be kept;(b) the procedure to be followed at meetings of the Council;(c) the manner in which applications for registration, enrolment and restoration of the name of a person to the register or roll shall be made; (Amended 9 of 2002 s. 4)(d) examinations and courses of training in nursing;(e) the receipt of complaints or information regarding any matter that may be inquired into by the Council under this Ordinance and the establishment of one or more than one committee to be known as a Preliminary Investigation Committee to make such preliminary investigation as it considers appropriate regarding such complaints or information and to determine whether or not there is to be an inquiry; (Replaced 24 of 2024 s. 36)(f) the prohibition of a member of a Preliminary Investigation Committee who is also a member of the Council from attending any meeting of the Council while the Council is inquiring into a complaint or information in the preliminary investigation of which the member took part; (Replaced 24 of 2024 s. 36)(g) the procedure to be followed in relation to—(i) the submission of complaints and information to a Preliminary Investigation Committee;(ii) the preliminary investigation of any complaint or information by a Preliminary Investigation Committee;(iii) the formulation of charges arising out of complaints and information;(iv) the reference to the Council by a Preliminary Investigation Committee of cases arising out of complaints and information;(v) the procedure as regards inquiries held by the Council; (Amended 24 of 2024 s. 36)(h) matters relating to the conduct of nursing practice;(i) the term of office of and manner of electing members to the Council under section 3(2)(ca) and any other related matters, including— (Amended 9 of 2002 s. 4)(i) the qualifications of candidates, electors and subscribers to a nomination paper;(ii) the particulars of any system of voting and counting;(iii) the determination of election results; and(iv) other matters relating to the election; (Amended 9 of 2002 s. 4)(ia) the procedure and other matters relating to an election petition under section 3A, including—(i) the person who may present a petition;(ii) the person who may be the respondent to a petition;(iii) the grounds for questioning the result of an election by a petition;(iv) the person who may regulate the procedure of a petition; and(v) the power to validate acts done pending the determination of the result of a petition; and (Added 9 of 2002 s. 4)(j) generally giving effect to the provisions of this Ordinance. (Added 82 of 1997 s. 20)(4) For the purposes of subsection (3), regulations made under that subsection may require that documents submitted for the purpose of those regulations be in such a form as is specified by, and be verified by statutory declaration or such declaration as is acceptable to, the Council. (Added 82 of 1997 s. 20)(Amended 38 of 1970 s. 16) 28. Council may specify forms (1) The Council may specify—(a) the form for making an application under this Ordinance; and(b) the form of a certificate or any other document required or authorized to be issued under this Ordinance.(2) The Council’s power under subsection (1)(a) may be exercised in a way as to include (whether by way of attachment or otherwise) in the specified form a statutory declaration—(a) to be made by a person completing the form; and(b) as to whether the particulars contained in the form are true and correct to the best of the person’s knowledge and belief.(3) A form specified under subsection (1)(a) must be—(a) completed in accordance with the directions and instructions as specified in the form; and(b) accompanied by the statements, certificates or any other documents as specified in the form.(Added 24 of 2024 s. 37) 29. Secretary may give directions (1) The Secretary may, if the Secretary considers it is in the public interest, give written directions of a general or specific character to the Council in relation to the performance of its functions or the exercise of its powers.(2) The Council must comply with any direction given under subsection (1).(Added 24 of 2024 s. 37) 30. Amendment of Schedules 1 and 2 The Secretary may, by notice published in the Gazette, amend Schedule 1 or 2.(Added 24 of 2024 s. 37) 31. Savings and transitional provisions relating to Nurses Registration (Amendment) Ordinance 2024 (24 of 2024) The savings and transitional provisions as set out in Schedule 3 have effect.(Added 24 of 2024 s. 37) Schedule 1 [ss. 2 & 30]Specified Institutions (Schedule 1 added 24 of 2024 s. 38) 1. Department of Health 2. Hospital Authority Schedule 2 [ss. 2C & 30]Designated Institutions (Schedule 2 added 24 of 2024 s. 38) Part 1 Institutions Specified for Section 2C(1)(a) 1. Department of Health 2. Hospital Authority Part 2 Categories of Institution Specified for Section 2C(1)(b) 1. A training school as defined by regulation 2 of the Nurses (Registration and Disciplinary Procedure) Regulations (Cap. 164 sub. leg. A) or regulation 2 of the Enrolled Nurses (Enrolment and Disciplinary Procedure) Regulations (Cap. 164 sub. leg. B) 2. A residential care home in respect of which a licence as defined by section 2 of the Residential Care Homes (Elderly Persons) Ordinance (Cap. 459) is in force 3. A residential care home for PWDs in respect of which a licence, or a certificate of exemption, as defined by section 2 of the Residential Care Homes (Persons with Disabilities) Ordinance (Cap. 613) is in force 4. A scheduled nursing home within the meaning of the Private Healthcare Facilities Ordinance (Cap. 633) 5. An institution providing the type of employment in respect of which limited registration or limited enrolment is appropriate or necessary as determined and promulgated by the Council by notice published in the Gazette Part 3 Supplementary Provision 1. A notice published for the purposes of item 5 of Part 2 of this Schedule is not subsidiary legislation. Schedule 3 [s. 31]Savings and Transitional Provisions relating to Nurses Registration (Amendment) Ordinance 2024 (Schedule 3 added 24 of 2024 s. 38) 1. Interpretation In this Schedule—amended Ordinance (《經修訂條例》) means this Ordinance as amended by the Amendment Ordinance;Amendment Ordinance (《修訂條例》) means the Nurses Registration (Amendment) Ordinance 2024 (24 of 2024);appointed date (指定日期) means the date on which section 17(3) of the Amendment Ordinance comes into operation;*commencement date (生效日期) means the date on which section 3 of the Amendment Ordinance comes into operation;existing enrolled nurse (原有登記護士) means a person whose name appeared in the existing roll immediately before the commencement date;existing register (原有註冊護士名冊) means the register kept under section 5(1) of the pre-amended Ordinance;existing registered nurse (原有註冊護士) means a person whose name appeared in the existing register immediately before the commencement date;existing roll (原有登記護士名冊) means the roll kept under section 11(1) of the pre-amended Ordinance;new register (新註冊護士名冊) means the register kept under section 5(1) of the amended Ordinance;new roll (新登記護士名冊) means the roll kept under section 11(1) of the amended Ordinance;pre-amended Ordinance (《原有條例》) means this Ordinance as in force immediately before the commencement date. Editorial Note: * Commencement date: 26 July 2024. 2. Registration and register (1) On the commencement date, an existing registered nurse is to be regarded as a person with full registration.(2) Accordingly, the secretary must, on the commencement date, transfer the name and particulars of each person whose name and particulars are contained in a part of the existing register to the corresponding part of Division 1 of the new register. 3. Enrolment and roll (1) On the commencement date, an existing enrolled nurse is to be regarded as a person with full enrolment.(2) Accordingly, the secretary must, on the commencement date, transfer the name and particulars of each person whose name and particulars are contained in a part of the existing roll to the corresponding part of Division 1 of the new roll. 4. Existing certificate of registration (1) On and after the commencement date, a certificate of registration issued under section 10(1) of the pre-amended Ordinance that was in force immediately before the commencement date continues to be in force as if it were issued under section 10(1) of the amended Ordinance to a person with full registration.(2) Accordingly, a replacement copy of such a certificate is to be regarded as a replacement copy of a certificate of registration issued under section 10(1) of the amended Ordinance to a person with full registration. 5. Existing certificate of enrolment (1) On and after the commencement date, a certificate of enrolment issued under section 16(1) of the pre-amended Ordinance that was in force immediately before the commencement date continues to be in force as if it were issued under section 16(1) of the amended Ordinance to a person with full enrolment.(2) Accordingly, a replacement copy of such a certificate is to be regarded as a replacement copy of a certificate of enrolment issued under section 16(1) of the amended Ordinance to a person with full enrolment. 6. Pending application for registration (1) An application made under section 9 of the pre-amended Ordinance that was pending immediately before the commencement date is, subject to subsections (2) and (3), to continue to be processed under that section.(2) If an application referred to in subsection (1) is approved on or after the commencement date, the secretary must, after the prescribed fee has been paid, enter the applicant’s name in Division 1 of the new register and issue to the applicant a certificate of registration under section 10(1) of the amended Ordinance.(3) If an application referred to in subsection (1) is rejected on or after the commencement date, the decision is to be regarded as a decision made by the Council to reject an application under section 9(3) of the amended Ordinance and sections 9(6) and 22 of the amended Ordinance apply in relation to the decision accordingly. 7. Pending application for enrolment (1) An application made under section 15 of the pre-amended Ordinance that was pending immediately before the commencement date is, subject to subsections (2) and (3), to continue to be processed under that section.(2) If an application referred to in subsection (1) is approved on or after the commencement date, the secretary must, after the prescribed fee has been paid, enter the applicant’s name in Division 1 of the new roll and issue to the applicant a certificate of enrolment under section 16(1) of the amended Ordinance.(3) If an application referred to in subsection (1) is rejected on or after the commencement date, the decision is to be regarded as a decision made by the Council to reject an application under section 15(3) of the amended Ordinance and sections 15(6) and 22 of the amended Ordinance apply in relation to the decision accordingly. 8. Pending application for restoration of name to register (1) This section applies if—(a) before the commencement date, a person’s name was removed from a part of the existing register (original part);(b) the person has, before the commencement date, applied to the Council for the restoration of the person’s name to the original part under section 21(3) of the pre-amended Ordinance; and(c) the application was pending immediately before the commencement date.(2) The application is, subject to subsections (3) and (4), to continue to be processed under section 21(4) of the pre-amended Ordinance.(3) If the application is allowed on or after the commencement date, the Council must direct the secretary to restore the person’s name to the part of Division 1 of the new register that corresponds to the original part.(4) The secretary must, after the prescribed fee has been paid, restore the person’s name accordingly.(5) On the restoration of the person’s name, the certificate of registration issued to the person under section 10(1) of the pre-amended Ordinance that was in force immediately before the removal is to be regarded as being in force as if it were issued under section 10(1) of the amended Ordinance to a person with full registration. 9. Restoration of name removed from register under pre-amended Ordinance (1) This section applies if—(a) before the commencement date, a person’s name was removed from the existing register under section 7 or 17(1)(i) of the pre-amended Ordinance; and(b) either—(i) there was no pending application under section 21(3) of the pre-amended Ordinance for the restoration of the person’s name to the existing register immediately before the commencement date; or(ii) there was such an application immediately before the commencement date and the application was rejected.(2) Section 21 of the amended Ordinance applies in relation to the person as if the person’s name were removed from a part of Division 1 of the new register in accordance with the provisions of the amended Ordinance. 10. Restoration of name to register on expiry of specified period (1) This section applies if—(a) before the commencement date, the Council has ordered that a person’s name be removed from a part of the existing register (original part) for a specified period under section 17(1)(ii) of the pre-amended Ordinance;(b) the period ends on or after the commencement date; and(c) the prescribed fee has been paid.(2) The secretary must restore the person’s name to the part of Division 1 of the new register that corresponds to the original part.(3) On the restoration of the person’s name, the certificate of registration issued to the person under section 10(1) of the pre-amended Ordinance that was in force immediately before the removal is to be regarded as being in force as if it were issued under section 10(1) of the amended Ordinance to a person with full registration. 11. Pending application for restoration of name to roll (1) This section applies if—(a) before the commencement date, a person’s name was removed from a part of the existing roll (original part);(b) the person has, before the commencement date, applied to the Council for the restoration of the person’s name to the original part under section 21(3) of the pre-amended Ordinance; and(c) the application was pending immediately before the commencement date.(2) The application is, subject to subsections (3) and (4), to continue to be processed under section 21(4) of the pre-amended Ordinance.(3) If the application is allowed on or after the commencement date, the Council must direct the secretary to restore the person’s name to the part of Division 1 of the new roll that corresponds to the original part.(4) The secretary must, after the prescribed fee has been paid, restore the person’s name accordingly.(5) On the restoration of the person’s name, the certificate of enrolment issued to the person under section 16(1) of the pre-amended Ordinance that was in force immediately before the removal is to be regarded as being in force as if it were issued under section 16(1) of the amended Ordinance to a person with full enrolment. 12. Restoration of name removed from roll under pre-amended Ordinance (1) This section applies if—(a) before the commencement date, a person’s name was removed from the existing roll under section 13 or 17(1)(i) of the pre-amended Ordinance; and(b) either—(i) there was no pending application under section 21(3) of the pre-amended Ordinance for the restoration of the person’s name to the existing roll immediately before the commencement date; or(ii) there was such an application immediately before the commencement date and the application was rejected.(2) Section 21 of the amended Ordinance applies in relation to the person as if the person’s name were removed from a part of Division 1 of the new roll in accordance with the provisions of the amended Ordinance. 13. Restoration of name to roll on expiry of specified period (1) This section applies if—(a) before the commencement date, the Council has ordered that a person’s name be removed from a part of the existing roll (original part) for a specified period under section 17(1)(ii) of the pre-amended Ordinance;(b) the period ends on or after the commencement date; and(c) the prescribed fee has been paid.(2) The secretary must restore the person’s name to the part of Division 1 of the new roll that corresponds to the original part.(3) On the restoration of the person’s name, the certificate of enrolment issued to the person under section 16(1) of the pre-amended Ordinance that was in force immediately before the removal is to be regarded as being in force as if it were issued under section 16(1) of the amended Ordinance to a person with full enrolment. 14. Existing practising certificate issued to registered nurse (1) On and after the commencement date, a practising certificate issued to a registered nurse that was in force immediately before the commencement date (existing certificate) continues to be in force for the unexpired period as if it were issued under section 10A(2) as amended by section 17(2) of the Amendment Ordinance (amended section 10A(2)).(2) Accordingly, a replacement copy of an existing certificate is to be regarded as a replacement copy of a practising certificate issued under the amended section 10A(2).(3) (Addition not yet in operation—see 24 of 2024 s. 38)(4) (Addition not yet in operation—see 24 of 2024 s. 38) 15. Existing practising certificate issued to enrolled nurse (1) On and after the commencement date, a practising certificate issued to an enrolled nurse that was in force immediately before the commencement date (existing certificate) continues to be in force for the unexpired period as if it were issued under section 16A(2) as amended by section 28(2) of the Amendment Ordinance (amended section 16A(2)).(2) Accordingly, a replacement copy of an existing certificate is to be regarded as a replacement copy of a practising certificate issued under the amended section 16A(2).(3) (Addition not yet in operation—see 24 of 2024 s. 38)(4) (Addition not yet in operation—see 24 of 2024 s. 38) 16.

Pending application for practising certificate (1) An application made by a registered nurse for a practising certificate that was pending immediately before the commencement date is to continue to be processed as if it were an application made to the Council for the purposes of section 10A(2) as amended by section 17(2) of the Amendment Ordinance.(2) An application made by an enrolled nurse for a practising certificate that was pending immediately before the commencement date is to continue to be processed as if it were an application made to the Council for the purposes of section 16A(2) as amended by section 28(2) of the Amendment Ordinance.(3) (Addition not yet in operation—see 24 of 2024 s. 38)(4) (Addition not yet in operation—see 24 of 2024 s. 38)