Replies to LegCo questions
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