Cap. 529 - Veterinary Surgeons Registration Ordinance

An Ordinance to provide for the regulation of the practice of veterinary surgery, the registration of veterinary surgeons, the disciplinary control of the professional activities of registered veterinary surgeons and for matters related to such registration and disciplinary control. [14 July 1997] L.N. 391 of 1997 (Enacting provision omitted—E.R. 2 of 2012) (Format changes—E.R. 2 of 2012) Editorial Note: For savings and transitional provisions in the Veterinary Surgeons Registration (Amendment) Ordinance 2015 (6 of 2015), see Part 3 (sections 17 to 21) of that Ordinance. Part 1 Preliminary 1. Short title (1) This Ordinance may be cited as the Veterinary Surgeons Registration Ordinance.(2) (Omitted as spent—E.R. 2 of 2012) 2. Interpretation In this Ordinance, unless the context otherwise requires—animal (動物) includes any mammal, bird, reptile, amphibian, fish or any other vertebrate or invertebrate, whether wild or tame;appoint (委任) includes reappoint; (Added 6 of 2015 s. 3)appointed member (委任成員) means a member of the Board appointed under section 3A(1)(b) or 3D(2); (Added 6 of 2015 s. 3)assessor (評審員) means a person appointed under section 17A(2) or 17B(2) to the panel of assessors established under section 17A(1); (Added 6 of 2015 s. 3)Board (管理局) means the Veterinary Surgeons Board established by section 3;Chairperson (主席) means the chairperson of the Board appointed under section 3A(1)(a) or 3C(2); (Added 6 of 2015 s. 3)disciplinary offence (違紀行為) means an act or omission set out in section 17(1);elected member (選任成員) means a member of the Board referred to in section 3A(1)(c); (Added 6 of 2015 s. 3)election (選舉) means an ordinary election or a by-election held under the Election Regulation; (Added 6 of 2015 s. 3)Election Regulation (《選舉規例》) means a regulation made by the Secretary for Environment and Ecology under section 28(1A); (Added 6 of 2015 s. 3. Amended L.N. 144 of 2022)inquiry committee (研訊委員會) means an inquiry committee established under section 18(1A); (Amended 6 of 2015 s. 3)lay person (業外人士) means a person who is neither—(a) a registered veterinary surgeon; nor(b) a medical and health professional; (Added 6 of 2015 s. 3)Legal Adviser (法律顧問) means the Legal Adviser to the Board appointed under section 7(1);medical and health professional (醫療專業人員) means a medical practitioner, pharmacist or dentist, who is entitled to practise his or her profession in Hong Kong; (Added 6 of 2015 s. 3)member (成員), in relation to the Board, means the Chairperson, an appointed member or an elected member; (Added 6 of 2015 s. 3)preliminary investigation committee (初步調查委員會) means a preliminary investigation committee established under section 17C(1); (Added 6 of 2015 s. 3)qualified candidate (合資格候選人) means a registered veterinary surgeon who is qualified under the Election Regulation to stand for an election to elect an elected member; (Added 6 of 2015 s. 3)register (名冊) means the register of registered veterinary surgeons established and maintained under section 5(a);registered veterinary surgeon (註冊獸醫) means a person whose name is currently entered in the register;registration committee (註冊事務委員會) means a registration committee appointed under section 13(1);Secretary (秘書) means the Secretary to the Board appointed under section 7(1);veterinary service (獸醫服務) means doing or performing any act or attending to any matter the doing or performing of which or the attending to which forms part of the generally accepted practice of veterinary surgery; veterinary surgery (獸醫外科學) means the art and science of veterinary surgery and medicine and, without limiting the foregoing, includes— (a) the diagnosis of disease in, and injuries to, animals including tests performed for diagnostic purposes; (b) the giving of advice based on such diagnosis; (c) the medical or surgical treatment of animals including the performance of surgical operations thereon. (Amended 6 of 2015 s. 3) Part 2 Veterinary Surgeons Board 3. Establishment of the Board (1) A board is established with the name “Veterinary Surgeons Board” in English and “獸醫管理局” in Chinese.(2) The Board has the purposes and powers that are conferred on it by or under this Ordinance.(Replaced 6 of 2015 s. 4) 3A. Membership of the Board (1) The Board is to consist of the following persons—(a) a Chairperson to be appointed by the Secretary for Environment and Ecology;(b) 12 members to be appointed by the Secretary for Environment and Ecology;(c) 6 members, who are registered veterinary surgeons, to be elected in an election.(2) Of the 12 members referred to in subsection (1)(b)—(a) 6 members must be registered veterinary surgeons;(b) 1 member must be a medical and health professional; and(c) 5 members must be lay persons who, in the opinion of the Secretary for Environment and Ecology, represent the interests of persons utilizing veterinary services.(Added 6 of 2015 s. 5. Amended L.N. 144 of 2022) 3B. Notification of appointments and declaration of election results (1) As soon as practicable after the appointment of the Chairperson or an appointed member, the Secretary is to arrange to be notified in the Gazette—(a) the appointment;(b) the term of office of the Chairperson or appointed member; and(c) the commencement date of the term.(2) As soon as practicable after a qualified candidate is declared under the Election Regulation to be elected as an elected member in an election, the Secretary is to arrange the declaration to be notified in the Gazette.(Added 6 of 2015 s. 5) 3C. Term of office of Chairperson (1) The Chairperson may be appointed for a term not exceeding 3 years.(2) If the office of the Chairperson becomes vacant under section 2B(3) of Schedule 1 before the term of office expires, the Secretary for Environment and Ecology may appoint a person to hold that office for the unexpired term. (Amended L.N. 144 of 2022)(Added 6 of 2015 s. 5) 3D. Term of office of appointed members (1) An appointed member may be appointed for a term not exceeding 3 years.(2) If the office of an appointed member becomes vacant under section 2C(3) of Schedule 1 before the term of office expires, the Secretary for Environment and Ecology may appoint a person who is of the same category under section 3A(2) as that member to hold that office for the unexpired term. (Amended L.N. 144 of 2022)(Added 6 of 2015 s. 5) 3E. Term of office of elected members (1) The term of office of an elected member is 3 years from the first day of the month immediately following the date of the notification under section 3B(2).(2) If—(a) the office of an elected member becomes vacant under section 2D(3) of Schedule 1; and(b) the unexpired term of office at the time the vacancy arises is not less than 9 months,the Board must, as soon as practicable, hold a by-election under the Election Regulation to elect a qualified candidate to hold that office for the unexpired term.(Added 6 of 2015 s. 5) 4. Schedule 1 applies to the Board, its members and assessors (Replaced 6 of 2015 s. 6)(1) Schedule 1 has effect as respects the Board, its members and assessors. (Replaced 6 of 2015 s. 6)(2) The Secretary for Environment and Ecology may by order amend Schedule 1. (Amended 78 of 1999 s. 7; L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)(3) It is declared that save insofar as is inconsistent with the provisions of this Ordinance, Part VII of the Interpretation and General Clauses Ordinance (Cap. 1) applies as respects the Board and appointments to the Board. (Amended 6 of 2015 s. 6) 5. Functions of the Board The Board shall—(a) establish and maintain a register of registered veterinary surgeons;(b) set and review the qualification standards for registration as a registered veterinary surgeon and related registration matters;(c) advise the Government on registration matters;(d) examine and verify the qualifications of persons who apply for registration as registered veterinary surgeons;(e) receive, examine, accept or reject applications for registration and renewal of registration as a registered veterinary surgeon;(f) deal with disciplinary offences;(g) keep proper records of its proceedings;(h) lodge with the Secretary for Environment and Ecology, qualification standards established from time to time under paragraph (b); and (Amended 78 of 1999 s. 7; L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)(i) carry out such other functions as this Ordinance may prescribe. 6. Powers of the Board The Board may—(a) create, and appoint members of, committees to advise the Board on the carrying out of the powers and functions of the Board;(b) issue a Code of Practice and make rules for the professional conduct and discipline of registered veterinary surgeons;(c) make such further rules as may be required by, or by virtue of, this Ordinance. 7. Appointment of Secretary and Legal Adviser (1) There shall be—(a) a Secretary; and(b) a Legal Adviser, to the Board who shall be appointed by the Secretary for Environment and Ecology. (Amended 78 of 1999 s. 7; L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)(2) The Secretary shall be responsible for the custody of the register and shall serve as secretary to the registration committee and any inquiry committee as well as the Board.(3) The Legal Adviser shall advise an inquiry committee on any points of law and procedure that arise before, during or after the inquiry. Part 3 Register and Certificates 8. Form of register (1) The Secretary shall, in accordance with the directions of the Board, keep a register containing the names, addresses and any other details that the Board may direct of all persons who have been registered and the qualification on which their registration is based.(2) The register shall be available to any person for inspection free of charge at an office nominated from time to time by the Board at such reasonable times as the Board may direct.(3) A person whose name is entered in the register shall within 28 days notify the Secretary of any change in the details mentioned in subsection (1). 9. Qualifications for registration (1) The Board shall not register a person as a registered veterinary surgeon unless—(a) he has passed such examinations in veterinary surgery and other related subjects and has received such training and experience as the Board may accept, either generally or in a particular case;(b) he is not the subject of a disciplinary order under Part 4 which precludes him from being registered under this Ordinance;(c) he satisfies the Board that he is competent to practise as a veterinary surgeon; and(d) he is a fit and proper person to be registered.(2) Without affecting the generality of subsection (1)(d), the Board may refuse to register a person as a registered veterinary surgeon who—(a) has been convicted in Hong Kong or elsewhere of any offence which may bring the profession into disrepute; or(b) has committed misconduct or neglect in a professional respect.(3) Where the Board registers a person as a registered veterinary surgeon and the Board later has reasonable grounds to believe that the person is not competent to practise veterinary surgery, it may refer the matter to an inquiry committee which must deal with it as if it were a complaint under section 18(1A). (Amended 6 of 2015 s. 9)(Amended E.R. 2 of 2012) 10. Application for registration (1) A person shall apply for registration as a registered veterinary surgeon in such form and manner as the Board may determine.(2) An applicant shall pay at the time of lodging his application the prescribed fee for an application for registration.(3) The Board may require an applicant to undertake an examination under section 9(1)(a) of his knowledge of veterinary surgery and other related subjects. 11. Acceptance or refusal of registration (1) The Board may accept or reject an application for registration or renewal of registration under this Ordinance.(2) Where the Board accepts or rejects an application for registration or renewal of registration, the Secretary shall act in accordance with rules made by the Board.(3) Where the Board rejects an application for registration or renewal of registration, it shall give to the applicant an adequate statement of the reasons for the rejection. 12. Practising certificates (1) Subject to the payment of the prescribed fee the Secretary shall, on application made to him in that behalf issue to a registered veterinary surgeon a certificate, in a form determined by the Board, to the effect that he is, subject to any conditions and restrictions specified in the certificate, entitled to practise in Hong Kong.(2) Where a practising certificate is issued pursuant to an application made during the course of a year in respect of that year, the certificate shall, subject to section 15(5), be in force from the time of its issue until the end of that year.(3) Where a practising certificate is issued pursuant to an application made during the course of a year in respect of the following year, the certificate shall, subject to section 15(5), be in force for a period of 12 months commencing on 1 January in that following year.(4) A registered veterinary surgeon shall, not earlier than 3 months prior to the expiry of the current practising certificate, apply to the Secretary for renewal of his practising certificate in a form determined by the Board.(5) A registered veterinary surgeon shall pay the prescribed fee for an application for renewal of his practising certificate at the time of applying for such renewal.(6) If a registered veterinary surgeon does not apply for renewal of his practising certificate before the expiry of his current practising certificate the Secretary shall, on the expiry of the current practising certificate, note in the register that the certificate has not been renewed.(7) Where a registered veterinary surgeon fails to renew his practising certificate within time, the Board may extend the time for renewal if he pays to the Board the prescribed fee for the extension of time. 13. Registration committee (1) The Board may appoint a registration committee of not less than 3 of its members to consider the qualifications of applicants.(2) The Secretary may nominate a person who is not a member of the Board to be a member of the registration committee, and, if a person is so nominated, the Board shall appoint him to the committee.(3) The registration committee shall make recommendations to the Board on the acceptability of the qualifications which require the Board’s acceptance under section 9(1)(a).(4) The Board shall not be bound by a recommendation of the registration committee under subsection (3).(5) The Board may delegate any of its functions relating to registration and renewal of registration to the registration committee. 14. Certificate of registration The Secretary may, on payment by a registered veterinary surgeon of the prescribed fee, issue to him a certificate of registration in a form determined by the Board. 15. Removal of name from the register (1) The Secretary may remove the name of a registered veterinary surgeon from the register if he is satisfied that the registered veterinary surgeon has—(a) died;(b) applied to discontinue his registration;(c) for 6 months following the expiry of his current practising certificate under section 12(2) or (3), failed to apply for a practising certificate to be issued to him under section 12(1);(d) ceased to hold a qualification by virtue of which he was registered;(e) failed to notify a change of details required under section 8(3); or(f) left Hong Kong with the intention of being out of Hong Kong for a period exceeding 6 months and did not, before leaving, notify the Secretary in writing of his intended departure.(2) Subject to section 21(2), the Secretary shall remove a name from the register if he receives an order of the Court of Appeal or an inquiry committee directing that the name be removed from the register.(3) Where the Secretary intends to remove the name of a registered veterinary surgeon from the register under subsection (1)(c), (d) or (e), he shall send notice of his intention by prepaid registered post to the last known address of the registered veterinary surgeon and shall not remove his name until the expiry of a period of 28 days after the date of posting the notice.(4) If the Secretary gives notice to a registered veterinary surgeon that—(a) he has not, for 6 months following the expiry of his current practising certificate under section 12(2) or (3), applied for a practising certificate to be issued to him under section 12(1) and, before the Secretary acts to remove his name from the register, the registered veterinary surgeon properly applies for a practising certificate to be so issued;(b) he has ceased to hold a qualification by virtue of which he was registered and, before the Secretary acts to remove his name from the register, the registered veterinary surgeon satisfies the Board that he holds the qualification; or(c) he has failed to notify a change of details required under section 8(3) and, before the Secretary acts to remove his name from the register, the registered veterinary surgeon takes such action as will remedy the defect in the register, the Secretary shall not remove the name from the register for the reason set out in the notice referred to in subsection (3).(5) If the name of a registered veterinary surgeon is removed from the register, his registration and any practising certificate issued to him under section 12(1) and for the time being in force is deemed to be cancelled and he shall return any certificate issued in respect of his registration and any such practising certificate to the Secretary.(6) No refund shall be made to any person of any prescribed fee, or any part of any prescribed fee, on the removal of his name from the register or the cancellation of his practising certificate under this section.(7) The Secretary may correct any error apparent on the face of the register. 16. Prohibition on practising when not registered or not in possession of a valid practising certificate (1) Subject to subsection (2), no person shall practise veterinary surgery or provide a veterinary service in Hong Kong unless—(a) he is registered under this Part; and(b) he is the holder of a practising certificate which is currently in force.(2) Where a person whom the Board is satisfied is qualified to practise veterinary surgery in another jurisdiction applies for the right to practise in Hong Kong temporarily and for a specific purpose, the Board may issue him a permit to practise for a period and for a purpose specified in the permit, subject to such terms and conditions as may be specified by the Board. Part 4 Disciplinary Proceedings 17. Disciplinary offences (1) A registered veterinary surgeon commits a disciplinary offence if he—(a) is guilty of misconduct or neglect in any professional respect;(b) has been convicted of an offence under this Ordinance;(c) has obtained registration under this Ordinance by fraud or misrepresentation;(d) was not at the time of his registration under this Ordinance entitled to be registered;(e) without reasonable excuse, fails to attend before an inquiry committee when summoned either as a witness or as a person in respect of whom the inquiry committee is meeting; or(f) has been convicted in Hong Kong or elsewhere of an offence which may bring the profession into disrepute.(2) If a person who has been guilty of misconduct or neglect in a professional respect or has been convicted of an offence under this Ordinance or has been convicted in Hong Kong or elsewhere of an offence which may bring the profession into disrepute, informs the Board of such misconduct, neglect or conviction when he applies for registration or renewal of registration and the Board subsequently accepts the person for registration or renewal of registration, that person shall not, for the purposes of registration or renewal of registration, be considered as having committed a disciplinary offence in respect of the disclosed misconduct, neglect or conviction.(3)-(4) (Repealed 6 of 2015 s. 10) 17A. Establishment and membership of panel of assessors (1) The Board is to establish a panel of assessors from whom members of a preliminary investigation committee or inquiry committee may be appointed.(2) The panel is to consist of the following persons to be appointed by the Board to the panel on the nomination of the Director of Agriculture, Fisheries and Conservation—(a) not more than 12 registered veterinary surgeons;(b) not more than 6 other persons.(3) If one or more than one person is appointed under subsection (2)(b)—(a) the person or at least one of the persons must be a medical and health professional; and(b) the other person or each of the other persons (if any) must either be a lay person who, in the opinion of the Board, represents the interests of persons utilizing veterinary services or a medical and health professional.(4) A member of the Board is not eligible to be appointed to the panel.(5) As soon as practicable after the appointment of an assessor, the Secretary is to arrange to be notified in the Gazette—(a) the appointment;(b) the term of office of the assessor; and(c) the commencement date of the term.(Added 6 of 2015 s. 11) 17B. Term of office of assessors (1) A person may be appointed to the panel of assessors for a term not exceeding 3 years.(2) If the office of an assessor becomes vacant under section 2E(3) of Schedule 1 before the term of office expires, the Board may appoint, on the nomination of the Director of Agriculture, Fisheries and Conservation, a person who is of the same category under section 17A(2) or (3) as that assessor to hold that office for the unexpired term.(Added 6 of 2015 s. 11) 17C. Establishment of preliminary investigation committee (1) The Board may establish a preliminary investigation committee to consider whether a complaint alleging a disciplinary offence should be referred to an inquiry committee.(2) A preliminary investigation committee is to consist of the following persons appointed by the Board—(a) 3 members of the Board, of whom—(i) 2 members must be registered veterinary surgeons; and(ii) 1 member must either be a lay person who, in the opinion of the Board, represents the interests of persons utilizing veterinary services or a medical and health professional; or(b) 2 members of the Board and 1 assessor, of whom—(i) 2 persons must be registered veterinary surgeons; and(ii) 1 person must either be a lay person who, in the opinion of the Board, represents the interests of persons utilizing veterinary services or a medical and health professional.(Added 6 of 2015 s. 11) 17D. Referral of complaints by preliminary investigation committees (1) On receipt of a complaint alleging a disciplinary offence, the Secretary must submit the complaint to a preliminary investigation committee.(2) The committee may request one or more of the following persons to provide information to facilitate the committee’s consideration of the complaint—(a) the complainant;(b) the registered veterinary surgeon being complained of (subject person);(c) any other person whom the committee considers appropriate.(3) The committee may decide whether or not to refer the complaint to an inquiry committee.(4) However, a decision under subsection (3) must be unanimous.(5) If the committee fails to make a unanimous decision under subsection (3), it must refer the complaint to the Board.(6) If the committee refers the complaint to an inquiry committee, the Secretary must, as soon as practicable, send to the subject person—(a) a notice of the referral; and(b) a statement of the substance of the complaint.(7) The notice and statement must be sent by prepaid registered post to the last known address of the subject person.(8) If the committee decides not to refer the complaint to an inquiry committee, the Secretary must, as soon as practicable, notify the complainant of the decision by prepaid registered post.(Added 6 of 2015 s. 11) 17E. Complaints referred to the Board under section 17D(5) (1) If a complaint is referred to the Board under section 17D(5), it may decide whether or not to refer the complaint to an inquiry committee.(2) If the Board refers the complaint to an inquiry committee, the Secretary must, as soon as practicable, send to the registered veterinary surgeon being complained of (subject person)—(a) a notice of the referral; and(b) a statement of the substance of the complaint.(3) The notice and statement must be sent by prepaid registered post to the last known address of the subject person.(4) If the Board decides not to refer the complaint to an inquiry committee, the Secretary must, as soon as practicable, notify the complainant of the decision by prepaid registered post.(Added 6 of 2015 s. 11) 18. Inquiry committee and rules of conduct (1) (Repealed 6 of 2015 s. 12)(1A) The Board may establish an inquiry committee to consider a complaint referred to the committee under section 17D(3) or 17E(1). (Added 6 of 2015 s. 12)(1B) The committee is to determine whether a registered veterinary surgeon who is the subject of the complaint has committed a disciplinary offence. (Added 6 of 2015 s. 12)(1C) The committee is to consist of the following persons appointed by the Board—(a) 3 members of the Board, of whom—(i) 2 members must be registered veterinary surgeons; and(ii) 1 member must either be a lay person who, in the opinion of the Board, represents the interests of persons utilizing veterinary services or a medical and health professional; or(b) 2 members of the Board and 1 assessor, of whom—(i) 2 persons must be registered veterinary surgeons; and(ii) 1 person must either be a lay person who, in the opinion of the Board, represents the interests of persons utilizing veterinary services or a medical and health professional. (Added 6 of 2015 s. 12)(2) (Repealed 6 of 2015 s. 12)(3) The Board may make rules providing for the conduct of its inquiries by an inquiry committee and for other matters relating to the investigation of an alleged disciplinary offence.(4) The Legal Adviser must be present at every inquiry conducted by an inquiry committee. (Amended 6 of 2015 s. 12)(5) The inquiry committee must not proceed to hear evidence of a complaint concerning a disciplinary offence unless it is satisfied that the requirements of section 17D(6) or 17E(2) have been complied with and that the registered veterinary surgeon in respect of whom the complaint is made has been given 28 days’ notice of the complaint and the date, time and place of the hearing. (Amended 6 of 2015 s. 12)(6) The registered veterinary surgeon referred to in subsection (5) is entitled to attend and hear all evidence produced at the hearing and informed of any advice tendered by the Legal Adviser to the inquiry committee under section 7(3) and must be provided with a copy of this Ordinance and any rules made under this section. (Amended 6 of 2015 s. 12)(7) The Board may make rules for the rehearing of an inquiry by an inquiry committee.(8) Where a registered veterinary surgeon is alleged to have committed a disciplinary offence under section 17(1)(b) or (f), the inquiry committee—(a) must not be required to inquire whether the registered veterinary surgeon was properly convicted of the alleged offence; and (Amended 6 of 2015 s. 12)(b) may consider any record of the case in which a conviction was recorded and any other evidence which the inquiry committee may think is relevant as showing the nature and gravity of the offence.(9) The inquiry committee may, in deciding whether a person has committed a disciplinary offence, have regard to any rules of professional conduct or Code of Practice made or issued by the Board.(10) The Board must notify the complainant of the action taken by it and, where it has referred the matter to an inquiry committee, must notify the complainant of the results. (Amended 6 of 2015 s. 12) 19. Disciplinary order of inquiry committee Where an inquiry committee finds that a registered veterinary surgeon committed a disciplinary offence, the inquiry committee may make any one or more of the following orders—(a) order the Secretary to remove the name of the registered veterinary surgeon from the register;(b) order the Secretary to remove the name of the registered veterinary surgeon from the register for such period, not exceeding 2 years as the inquiry committee may think fit;(c) reprimand the registered veterinary surgeon in writing and order the Secretary to record the reprimand on the register;(d) make any other order as it thinks fit. 20. Powers in regard to obtaining of evidence and conduct at inquiry (1) An inquiry committee shall have power—(a) to hear, receive and examine evidence on oath;(b) to summon any person to attend the inquiry either as the person whose conduct is the subject of the inquiry or to give evidence or produce any document or other thing in his possession and to examine him as a witness under oath or require him to produce any document or other thing in his possession;(c) to admit or exclude the public or any member of the public from the inquiry.(2) The Secretary shall sign summonses to witnesses.(3) No person shall be required to answer any question or produce any document or other thing which, in the opinion of the Legal Adviser, may tend to incriminate him.(4) A witness shall, in respect of any evidence given by him before the inquiry committee, be entitled to the same privileges to which he would be entitled if he were giving evidence in court. 21. Service of orders of inquiry committee (1) The Secretary shall serve a copy of any order made under section 19(a) to (d), together with a copy of the inquiry committee’s reasons, or serve notice that the inquiry committee has not found that the registered veterinary surgeon concerned committed a disciplinary offence, upon the registered veterinary surgeon who was the subject of the complaint, either personally or by prepaid registered post addressed to his last known address.(2) The Secretary shall not remove the name of the registered veterinary surgeon from the register before the expiry of a period of 3 months after the date of service of the order under subsection (1), and in the event of an appeal under section 23, shall await the decision of the Court of Appeal.(3) Any person whose name has been removed from the register under this Ordinance may apply to the Board for the restoration of his name to the register, and the Board may, after such inquiry and subject to such conditions as it may consider desirable, allow or refuse the application.(4) If the Board allows the application under subsection (3), it shall order the Secretary to restore the name of the applicant to the register on payment by the applicant of the prescribed fee. 22. Publication of disciplinary orders (1) After the expiry of the time within which notice of an appeal under section 23 against an order of an inquiry committee under section 19(a) to (d) is to be given, or where in the case of an appeal, the order is affirmed or varied or the appeal is abandoned, the Board—(a) shall publish a copy of the order or the order as varied on appeal in—(i) the Gazette; and(ii) one English and one Chinese newspaper circulating in Hong Kong; and(b) may publish the order or the order as varied on appeal in any other publication or manner as the Board thinks fit.(2) Where an order is published under subsection (1), the Board—(a) shall publish with such order sufficient particulars to acquaint the public with the nature of the matter to which the order relates; and(b) may publish with such order an account of the proceedings of the inquiry committee.(3) No action in damages for defamation shall lie against any person as a result of publishing an order and other particulars required or permitted under this section. Part 5 Appeals 23. Appeal to Court of Appeal (1) Any person who is aggrieved by any order made in respect of him under section 19 may appeal to the Court of Appeal.(2) The Court of Appeal may affirm, reverse or vary the order appealed against.(3) In determining an appeal, the Court of Appeal shall consider the reasons of the inquiry committee and submissions upon the findings of fact and law of the inquiry committee made on behalf of the parties to the inquiry and may call for the original record of the evidence taken and a record of any advice tendered by the Legal Adviser to the inquiry committee under section 7(3) and any document put in evidence before the inquiry committee.(4) The Court of Appeal may, upon special grounds being shown, consider any additional evidence not adduced before the inquiry committee.(5) The practice in relation to any appeal shall be subject to any rules of court made under the High Court Ordinance (Cap. 4). (Amended 25 of 1998 s. 2)(6) The Court of Appeal shall not have power to hear any appeal unless notice of such appeal is given within 3 months of the service of the order under section 21.(7) In deciding any appeal under this section the Court of Appeal may make such order for the payment of costs as it considers reasonable. Part 6 Use of Title 24. Use of title (1) A person whose name does not appear on the register shall not be entitled to describe himself as a “registered veterinary surgeon” or “註冊獸醫”.(2) The Board may apply to a judge for an order restraining any person whose name is not on the register from describing himself as a “registered veterinary surgeon” or “註冊獸醫”.(3) A person carrying on the business of veterinary practice or veterinary service may use the description of “registered veterinary surgeon” or “註冊獸醫” if, but only if, at each place where such business is carried on, that business is conducted under the supervision of a registered veterinary surgeon.(4) The Board may apply to a judge for an order—(a) restraining any person from using the description of “registered veterinary surgeon” or “註冊獸醫” if the person has not complied with subsection (3); or(b) restraining any person whose name is not entered in the register from carrying on a veterinary practice in such manner as may reasonably cause any other person to believe that he is a registered veterinary surgeon. Part 7 Offences and Evidence 25. Offences and penalties (1) Any person who—(a) having been summoned by an inquiry committee to attend as a witness or to produce a document or other thing under section 20 without reasonable excuse refuses or fails to do so;(b) attends as a witness before an inquiry committee and, without lawful excuse, refuses or fails to answer any question put to him by the inquiry committee;(c) fraudulently obtains registration as a registered veterinary surgeon for himself or any other person;(d) obtains registration as a registered veterinary surgeon for himself or any other person by means of any misleading, false or fraudulent representation or statement, either orally or in writing;(e) makes or causes to be made any falsification in the register;(f) impersonates or falsely represents himself as being the person referred to in any certificate or document presented to the Board or an inquiry committee in connection with its functions under this Ordinance;(g) not having his name entered in the register, takes or uses any name, initials, title, addition or description falsely implying that his name is entered in the register;(h) contravenes section 16;(i) not having his name entered in the register, uses or knowingly permits the use in connection with his business or profession of—(i) the description “registered veterinary surgeon” or “註冊獸醫”; or(ii) initials or abbreviations or words intended to cause, or which may reasonably cause, any person to believe that the person using them is a registered veterinary surgeon; or(j) not having his name entered in the register, advertises or represents himself as a registered veterinary surgeon or knowingly permits himself to be so advertised or represented, commits an offence and is liable to a fine at level 6 and to imprisonment for 1 year.(2) A person who fails forthwith to return his registration certificate to the Secretary after the removal of his name from the register commits an offence and is liable to a fine at level 1. 26. Certificate as evidence (1) A certificate, purporting to be signed by the Secretary, that the name of a person has or has not been entered in or has been removed or ordered to be removed from the register shall for all purposes, without further proof, be evidence of the facts stated in the certificate.(2) A certificate purporting to be signed by the Secretary, that at a date specified in the certificate a person is not or was not the holder of a practising certificate then in force shall for all purposes, without further proof, be evidence of the facts stated in the certificate. Part 8 Miscellaneous 27. Protection of members of Board and committees (1) No member or employee of the Board or of any committee of the Board shall be personally liable for any act done or default made—(a) by the Board; or(b) by any committee of the Board, acting in good faith in the exercise or purported exercise of the powers conferred on the Board by, or by virtue of, this Ordinance.(2) The protection hereby conferred on members and employees of the Board or of a committee in respect of any act or default shall not in any way affect any liability of the Board for that act or default. 28. Regulations (1) Subject to subsection (2), the Secretary for Environment and Ecology may by regulation provide for— (Amended 78 of 1999 s. 7; L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)(a) anything that is to be or may be prescribed;(b) generally carrying into effect the provisions of this Ordinance.(1A) Without limiting subsection (1), the Secretary for Environment and Ecology may by regulation provide for matters concerning an election of members to the Board, including— (Amended L.N. 144 of 2022)(a) the date, time and place and the procedure, of the election;(b) matters concerning the qualification or disqualification of the electors of the election;(c) matters concerning the qualification, disqualification or nomination of the candidates of the election;(d) the appointment of persons to assist in the holding of the election;(e) the particulars of the voting or vote counting system of the election;(f) the determination, notification or questioning of election results; and(g) other matters concerning the election. (Added 6 of 2015 s. 13.)(2) The Financial Secretary may by regulation provide for the fees to be paid in connection with matters within the scope of this Ordinance.(3) For the avoidance of doubt, rules made by the Board under section 6 or 18(3) or section 3(5) of Schedule 1 are not subsidiary legislation within the meaning of the Interpretation and General Clauses Ordinance (Cap. 1). 29. Exemptions (1) The persons listed in Schedule 2 are exempted in the circumstances specified therein from the provisions of this Ordinance.(2) The Secretary for Environment and Ecology may, by order, amend Schedule 2. (Amended 78 of 1999 s. 7; L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022) 30. (Repealed 6 of 2015 s. 15) 31. (Omitted as spent—E.R. 2 of 2012) 32. (Omitted as spent—E.R. 2 of 2012) 33. (Omitted as spent—E.R. 2 of 2012) 34. (Omitted as spent—E.R. 2 of 2012) 35. (Omitted as spent—E.R. 2 of 2012) 36. (Omitted as spent—E.R. 2 of 2012) 37. (Omitted as spent—E.R. 2 of 2012) 38. (Omitted as spent—E.R. 2 of 2012) 39. (Omitted as spent—E.R. 2 of 2012) 40. (Omitted as spent—E.R. 2 of 2012) 41. (Omitted as spent—E.R. 2 of 2012) 42. (Omitted as spent—E.R. 2 of 2012) 43. (Omitted as spent—E.R. 2 of 2012) 44. (Omitted as spent—E.R. 2 of 2012) Schedule 1 [ss. 3C, 3D, 3E, 4, 17B & 28](Amended 6 of 2015 s. 16)Provisions as respects the Board, its Members and Assessors (Amended 6 of 2015 s. 16) 1-2. (Repealed 6 of 2015 s. 16) 2A. Resignation (1) A person holding the office of the Chairperson or an appointed member may, by notice in writing to the Secretary for Environment and Ecology, resign from the office.(2) A person holding the office of an elected member or an assessor may, by notice in writing to the Chairperson, resign from the office.(3) A resignation under this section takes effect on the date specified in the notice given to the Secretary for Environment and Ecology or the Chairperson or, if a date is not so specified, on the date on which the Secretary for Environment and Ecology or the Chairperson receives the notice.(Added 6 of 2015 s. 16. Amended L.N. 144 of 2022) 2B. Office of Chairperson declared to be vacant by Secretary for Environment and Ecology (Amended L.N. 144 of 2022)(1) The Secretary for Environment and Ecology must declare, by notice published in the Gazette, that the office of the Chairperson becomes vacant if— (Amended L.N. 144 of 2022)(a) the Chairperson dies;(b) the Chairperson resigns under section 2A(1) of this Schedule;(c) (if the Chairperson is a registered veterinary surgeon) an order under section 19 is in force in respect of the Chairperson;(d) the Chairperson—(i) is an undischarged bankrupt; or(ii) has entered into a voluntary arrangement within the meaning of the Bankruptcy Ordinance (Cap. 6) with his or her creditors which is still in force;(e) the Chairperson is sentenced to imprisonment for a term exceeding 3 months; or(f) the Secretary for Environment and Ecology is satisfied that the Chairperson is unable or unfit to perform the duties and exercise the powers of a Chairperson because of physical or mental illness or any other reason. (Amended L.N. 144 of 2022)(2) For subsection (1)(e), it does not matter—(a) whether the Chairperson is sentenced in Hong Kong or in any other place;(b) whether the sentence is suspended or not; and(c) what name the imprisonment is called.(3) The office of the Chairperson becomes vacant on the date on which the notice is published in the Gazette under subsection (1).(Added 6 of 2015 s. 16) 2C. Office of appointed member declared to be vacant by Secretary for Environment and Ecology (Amended L.N. 144 of 2022)(1) The Secretary for Environment and Ecology must declare, by notice published in the Gazette, that the office of an appointed member becomes vacant if— (Amended L.N. 144 of 2022)(a) the appointed member dies;(b) the appointed member resigns under section 2A(1) of this Schedule;(c) (if the appointed member is a registered veterinary surgeon) an order under section 19 is in force in respect of the appointed member;(d) (if the appointed member is appointed under section 3A(1)(b) or 3D(2) being a person of a category under section 3A(2)) the appointed member ceases to be of that category;(e) the appointed member—(i) is an undischarged bankrupt; or(ii) has entered into a voluntary arrangement within the meaning of the Bankruptcy Ordinance (Cap. 6) with his or her creditors which is still in force;(f) the appointed member is sentenced to imprisonment for a term exceeding 3 months; or(g) the Secretary for Environment and Ecology is satisfied that the appointed member is unable or unfit to perform the duties and exercise the powers of a member because of physical or mental illness or any other reason. (Amended L.N. 144 of 2022)(2) For subsection (1)(f), it does not matter—(a) whether the appointed member is sentenced in Hong Kong or in any other place;(b) whether the sentence is suspended or not; and(c) what name the imprisonment is called.(3) The office of an appointed member becomes vacant on the date on which the notice is published in the Gazette under subsection (1).(Added 6 of 2015 s. 16) 2D. Office of elected member declared to be vacant by the Board (1) The Board must declare, by notice published in the Gazette, that the office of an elected member becomes vacant if, after the elected member was declared under the Election Regulation as being elected in an election—(a) the elected member dies;(b) the elected member resigns under section 2A(2) of this Schedule;(c) an order under section 19 is in force in respect of the elected member;(d) the elected member ceases to be a registered veterinary surgeon;(e) the elected member—(i) is an undischarged bankrupt; or (ii) has entered into a voluntary arrangement within the meaning of the Bankruptcy Ordinance (Cap. 6) with his or her creditors which is still in force;(f) the elected member is sentenced to imprisonment for a term exceeding 3 months; or(g) the Board is satisfied that the elected member is unable or unfit to perform the duties and exercise the powers of a member because of physical or mental illness.(2) For subsection (1)(f), it does not matter—(a) whether the elected member is sentenced in Hong Kong or in any other place;(b) whether the sentence is suspended or not; and(c) what name the imprisonment is called.(3) The office of an elected member becomes vacant on the date on which the notice is published in the Gazette under subsection (1).(Added 6 of 2015 s. 16) 2E. Office of assessor declared to be vacant by the Board (1) The Board must declare, by notice published in the Gazette, that the office of an assessor becomes vacant if—(a) the assessor dies;(b) the assessor resigns under section 2A(2) of this Schedule;(c) (if the assessor is a registered veterinary surgeon) an order under section 19 is in force in respect of the assessor;(d) (if the assessor is appointed under section 17A(2) or 17B(2) being a registered veterinary surgeon or a person of a category under section 17A(3)) the assessor ceases to be a registered veterinary surgeon or a person of that category;(e) the assessor—(i) is an undischarged bankrupt; or(ii) has entered into a voluntary arrangement within the meaning of the Bankruptcy Ordinance (Cap. 6) with his or her creditors which is still in force;(f) the assessor is sentenced to imprisonment for a term exceeding 3 months; or(g) the Board is satisfied that the assessor is unable or unfit to perform the duties and exercise the powers of an assessor because of physical or mental illness or any other reason.(2) For subsection (1)(f), it does not matter—(a) whether the assessor is sentenced in Hong Kong or in any other place;(b) whether the sentence is suspended or not; and(c) what name the imprisonment is called.(3) The office of an assessor becomes vacant on the date on which the notice is published in the Gazette under subsection (1).(Added 6 of 2015 s. 16) 3. Procedures of meetings (Added 6 of 2015 s. 16)(1) The Chairperson may appoint the time and place for the Board to meet. (Replaced 6 of 2015 s. 16)(2) The Secretary must, or a member of the Board may, on the written requisition of not less than 3 members, give notice of a meeting of the Board to be held not sooner than 7 days but within 28 days from receipt of the requisition and appoint the time and place for that purpose.(3) The Board is to meet at least once every 12 months and as often as may be necessary to transact its business.(4) The Board must not transact business at a meeting other than to adjourn unless there is a quorum of 1/2 of the members present.(5) The Board may make rules, not inconsistent with this section, setting out the procedures to be followed at meetings.(6) The Board must lodge a copy of any rules made under subsection (5) with the Secretary for Environment and Ecology. (Amended 78 of 1999 s. 7; L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)(Amended 6 of 2015 s. 16) 4. Transaction of business by circulation of papers (Added 6 of 2015 s. 16)The Board may transact any of its business by circulation of papers amongst members whether any such member is in or outside Hong Kong, and a resolution in writing which is approved in writing by a majority of the members is as valid and effectual as if it had been passed at a meeting of the Board.(Amended 6 of 2015 s. 16) 5. Certificates signed by Secretary (Added 6 of 2015 s.

16)A certificate signed by the Secretary that an instrument of the Board purporting to be made or issued by or on behalf of the Board was so made or issued is conclusive evidence of that fact.(Amended 6 of 2015 s. 16) 6. Instruments made or issued by or on behalf of the Board (Added 6 of 2015 s. 16)Every document purporting to be an instrument made or issued by or on behalf of the Board and to be signed or executed by the Secretary or a person authorized by the Board to act in that behalf, must be received in evidence and deemed, without further proof, to be so made or issued.(Amended 6 of 2015 s. 16) Schedule 2 [s. 29]Exemptions from Ordinance In this Schedule—direct and continuous supervision (直接持續監督) means specific instruction given by a person on how a certain act is to be performed, with the person being present on the premises on which the act is performed to monitor the whole process and to provide assistance when appropriate;direction (指示) means instruction given by a person to perform a certain act (which may include instruction on how the act is to be performed) without it being necessary for the person to be present on the premises on which the act is performed; recognized veterinary course (認可獸醫課程) means a full-time course in veterinary surgery provided by— (a) the City University of Hong Kong; or (b) a university, college or school that awards a qualification recognized by the Board for the purpose of registration as a registered veterinary surgeon; (Added L.N. 92 of 2021) specified veterinary student (指明獸醫學生) means a person who is undergoing a recognized veterinary course with a view to becoming a veterinary surgeon; (Added L.N. 92 of 2021)supervision (監督) means specific instruction given by a person on how a certain act is to be performed, with the person being present on the premises on which the act is performed to provide assistance when appropriate.(Added L.N. 40 of 2012) 1. A medical practitioner or a dentist carrying out any treatment, test or surgery on an animal provided it is done at the request of a registered veterinary surgeon. 2. A medical practitioner who performs surgery on an animal for the purpose of removing an organ or tissue for use in the treatment of human beings. 3. A person who treats an animal by physiotherapy provided the treatment is carried out under the direction of a registered veterinary surgeon. 3A. A person (other than a specified veterinary student) who performs any of the following on an animal under the direction, and on the premises of the practice, of a registered veterinary surgeon— (Amended L.N. 92 of 2021)(a) applying medication or treatment (other than anaesthetic drugs) topically or administering medication or treatment (other than anaesthetic drugs) orally, per-rectally or by inhalation;(b) positioning for, or the taking of, medical images;(c) giving subcutaneous or intramuscular injections (other than anaesthetic drugs);(d) non-invasive parameter monitoring, including taking vital signs of an animal;(e) administering fluids intravenously through a preplaced catheter, but it must not include diagnosing, prescribing medication or performing a surgical operation.(Added L.N. 40 of 2012) 3B. A person (other than a specified veterinary student) who performs any of the following on an animal under the supervision, and on the premises of the practice, of a registered veterinary surgeon— (Amended L.N. 92 of 2021)(a) blood sampling from peripheral veins;(b) applying simple dressings and bandages and simple wound management;(c) placing intravenous catheters into the cephalic, saphenous or ear veins;(d) administering medication (other than anaesthetic drugs) intravenously through a preplaced catheter, but it must not include diagnosing, prescribing medication or performing a surgical operation.(Added L.N. 40 of 2012) 3C. A person (other than a specified veterinary student) who performs any of the following on an animal under the direct and continuous supervision, and on the premises of the practice, of a registered veterinary surgeon— (Amended L.N. 92 of 2021)(a) teeth scaling or polishing, but not associated processes or other dental procedures;(b) endotracheal intubation or extubation;(c) giving intravenous injections (other than anaesthetic drugs);(d) monitoring and maintaining anaesthesia;(e) aiding the registered veterinary surgeon who is performing and is in charge of a medical or surgical procedure, but not making any decision on the procedure;(f) applying complex dressings and bandages and complex wound management, but it must not include diagnosing, prescribing medication or performing a surgical operation.(Added L.N. 40 of 2012) 3D. A specified veterinary student of a recognized veterinary course who performs an act of veterinary surgery or provides veterinary service as part of the clinical training required by the course—(a) for an act described in section 3A(a), (b), (c), (d) or (e) of this Schedule (but not including diagnosing, prescribing medication or performing a surgical operation) that is performed on an animal—under the direction of a registered veterinary surgeon;(b) for an act described in section 3B(a), (b), (c) or (d) of this Schedule (but not including diagnosing, prescribing medication or performing a surgical operation) that is performed on an animal—under the supervision of a registered veterinary surgeon; or(c) for any other act of veterinary surgery or veterinary service—under the direct and continuous supervision of a registered veterinary surgeon.(Added L.N. 92 of 2021) 4. An owner of an animal (or the owner’s employee or a member of the owner’s household) when performing any of the following on the animal for remedy or prevention of injury or illness—(a) applying medication topically or administering medication orally;(b) administering medication specific to the animal per-rectally, parenterally or by inhalation under the direction of a registered veterinary surgeon;(c) any other non-invasive act of veterinary surgery or veterinary service under the direction of a registered veterinary surgeon, but it must not include making a surgical incision into any part of the animal.(Replaced L.N. 40 of 2012) 4A. An owner of a fish (or the owner’s employee or a member of the owner’s household) when performing on the fish any of the following—(a) taking samples for diagnosing or treating infection;(b) administering vaccine or medication.(Added L.N. 40 of 2012) 4B. A licensee under the Public Health (Animals and Birds) (Keeping of Cattle, Sheep and Goats) Regulations (Cap. 139 sub. leg. C), the Dairies Regulations (Cap. 139 sub. leg. D) or the Public Health (Animals and Birds) (Licensing of Livestock Keeping) Regulation (Cap. 139 sub. leg. L) (or the licensee’s employee or a member of the licensee’s household) when performing on an animal kept by the licensee in that capacity any of the following—(a) castrating a pig (other than a cryptorchid pig) at 14 days of age or less;(b) docking the tail of a pig at 7 days of age or less;(c) clipping the teeth of a pig at 7 days of age or less;(d) trimming the beak of poultry at 10 days of age or less;(e) administering vaccine or medication. (Added L.N. 40 of 2012) 5. A licensee under the Animals (Control of Experiments) Ordinance (Cap. 340) when performing an experiment in accordance with the provisions of that Ordinance. 6. A person who is employed or retained by the Government for performing one or more of the following on an animal, when acting in that capacity—(a) examining the animal;(b) collecting samples;(c) administering vaccine or medication;(d) implanting identification devices;(e) any other procedure as instructed by a veterinary officer.(Replaced L.N. 40 of 2012) 7. A person who administers first aid to an animal for the purpose of saving its life or relieving pain, provided such treatment does not include making a surgical incision into the abdominal or thoracic cavity.