Hong Kong Ordinances

NURSES REGISTRATION ORDINANCE - SECT 3

Establishment and composition of the Council

(Past version on 01/07/1997).
(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 37 of 2000 s. 3 PART II

THE NURSING COUNCIL (Amended 82 of 1997 s. 3)

(1) For the purposes of this Ordinance, there shall be established a Council
to be known as the Nursing Council of Hong Kong.

(2) The Council shall consist of-

   (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 registered nurses or enrolled nurses and who are
        elected for a term and in a manner provided for by regulations; (Added
        82 of 1997 s. 4)

   (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   (da) (Repealed 82 of 1997 s. 4)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 within the
        meaning of the Hospital Authority Ordinance ( Cap 113) and appointed
        by the Chief Executive; (Added 68 of 1990 s. 24)

   (e)  one member who shall be a registered nurse specially qualified in the
        nursing and care of persons suffering from mental diseases or in the
        nursing and care of the mentally subnormal and who shall be appointed
        by the Chief Executive; (Replaced 28 of 1974 s. 3)

   (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)

(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 any offence;

   (b)  is the subject of an order made under section 17;

   (c)  becomes bankrupt or makes a voluntary arrangement with his creditors;

   (d)  is, in the opinion of the Chief Executive, incapacitated from carrying
        out the duties of his office by reason of physical or mental illness;

   (e)  is no longer ordinarily resident in Hong Kong; or

   (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-

   (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)

(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)  a legal adviser; and

   (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)
        (Amended 82 of 1997 s. 21)