Traditional Chinese Simplified Chinese Email this article news.gov.hk
LCQ19: Nurses Registration Ordinance
************************************

     Following is a question by the Hon Joseph Lee and a written reply by the Secretary for Food and Health, Dr Ko Wing-man, in the Legislative Council today (November 5):

Question:

     It is learnt that since 1997, the nursing sector has been advocating the introduction of amendments to the Nurses Registration Ordinance (Cap. 164) to enhance the credibility, transparency and governance of the Nursing Council of Hong Kong (the Council) with a view to achieving professional autonomy.  In June 1997, the former Legislative Council passed a number of amendments to the Ordinance, including the addition of section 3(2)(ca) to stipulate that six of the members of the Council should be elected among registered nurses and enrolled nurses in a manner provided for by the Ordinance.  However, this provision has not yet been implemented.  In this connection, will the Government inform this Council of the provisions of the Ordinance which have yet to be implemented; the contents of such provisions (set out in table form); the reasons why such provisions and section 3(2)(ca) have not yet been implemented; whether the Administration has set a timetable for the implementation of such provisions and section 3(2)(ca); if it has, of the details; if not, the reasons for that?

Reply:

President,

     The Nurses Registration Ordinance regulates matters relating to the registration or enrolment of nurses in Hong Kong as well as their professional practice and conduct.  Amendments were made to the ordinance in 1997 to bring it up-to-date in keeping with the development needs of the nursing profession.  The key contents of the Nurses Registration (Amendment) Ordinance 1997 (the Amendment Ordinance) include:

(a) Setting up the Nursing Council of Hong Kong (the Nursing Council) to replace the Nursing Board of Hong Kong;

(b) Introducing six elected members and two additional lay members into the Nursing Council;

(c) Empowering the Nursing Council to make regulations governing the election of members, registration or enrolment of nurses, examinations and disciplinary matters;  

(d) Removing the minimum age requirement for registration or enrolment of nurses;

(e) Introducing limited registration to allow persons who are qualified to practise nursing overseas and are in Hong Kong for the purpose of further study and clinical experience to practise nursing here;

(f) Requiring applicants for a practising certificate to supply information on any conviction of criminal offence; and

(g) Revising the level of certain penalties set out in the provisions.  

     To fully implement the provisions in the Amendment Ordinance, the two existing pieces of subsidiary legislation under the Nurses Registration Ordinance, i.e. the Nurses (Registration and Disciplinary Procedure) Regulations and the Enrolled Nurses (Enrolment and Disciplinary Procedure) Regulations, have to be repealed and superseded by four new pieces of subsidiary legislation for regulating election procedures, registration and enrolment, disciplinary procedures and fees respectively.  As it involves extensive and complex issues, legal advice suggested that the Amendment Ordinance should be implemented in phases.  In the first phase it would involve setting up the Nursing Council of Hong Kong to replace the original Nursing Board of Hong Kong, expanding its composition and empowering it to make regulations, such that the Nursing Council would proceed to formulate regulations relating to the procedures for election of members, and hold the first election thereafter.  After completing the work in the first phase, the Nursing Council with elected members could then formulate other regulations relating to nurse registration, enrolment and disciplinary procedures so as to implement the remaining provisions of the Amendment Ordinance.  

     Since the enactment of the Amendment Ordinance, the Administration has been following up on the implementation of the relevant provisions, including the setting up of the Nursing Council in 1999.  In the process of drafting subsidiary legislation for the election of six members of the Nursing Council, legal advice further pointed out that amendment to the Nurses Registration Ordinance was necessary before the subsidiary legislation could be introduced.  Such would include the stipulation of clearer empowering provisions in the primary legislation to prescribe the grounds for disqualifying elected members.  After deliberation, the Nursing Council agreed that amendments should be made to the Nurses Registration Ordinance before implementing the provisions on the election of Council members.

     Facing the challenges brought to our healthcare system by an ageing population, the Government has been taking forward the healthcare reform, including setting up a high-level steering committee in 2012 to conduct a strategic review on healthcare manpower planning and professional development in Hong Kong.  The steering committee will formulate recommendations on how to cope with anticipated demand for healthcare manpower, strengthen professional training and facilitate professional development.  We will follow up as necessary upon completion of the review.  As the review will examine the existing legislation governing different healthcare professions, including the Nurses Registration Ordinance, and put forth recommendations for strengthening regulation, the issue of implementing the remaining provisions of the Amendment Ordinance can be dealt with in the exercise.

Ends/Wednesday, November 5, 2014
Issued at HKT 16:03

NNNN

Print this page