從事內科或外科執業

Yufen Chun 2023-12-11 6 min read {Lectures} [Research]

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法規

釋義

法規目的

参考

其它法例

甚麼是從事內科執業？

What Is the Practice of Medicine?; Mich. L. Rev. 4 (1906): 373-9.:

WHAT IS THE PRACTICE oF MEDICINE? - In a popular sense, and as ordinarily understood the practice of medicine is the applying of medical or surgical agencies for the purpose of preventing, relieving, or curing disease, or aiding natural functions, or modifying or removing the results of physical injury. Stewart v. Raab, 55 Minn. 20, 56 N. W. Rep. 256. But in some relations, and for some purposes, the expression has a more extended meaning. This is to be found sometimes in statutory provisions, sometimes in the decisions of the courts upon questions involving the construction of the expression and sometimes in both. Medical acts not infrequently state what shall be deemed to be the practice of medicine under them. But even where this is so, the courts are often called upon to interpret the Words of the legislature and to determine whether or not certain acts of a party make him a practitioner of medicine within the meaning of the governing statute. Where the medical act contains no direct provision in regard to the matter, the court, in case of litigation, must determine what is the practice of medicine, and in so doing must take into consideration the general scope and purpose of the statute. The medical statutes have been enacted primarily for the protection of the public, although incidentally the medical profession are protected by these laws. The difficult cases are not those where a person attempts to heal disease by the use of drugs or ordinary appliances, but rather those where resort is had to new or extraordinary methods. Some of the ways in which this question has arisen appear in the following paragraphs.

Kwong Wing Kie v Licentiate Committee of the Medical Council of Hong Kong & Anor, CACV 206/2014:

  1. We first note that the title of the Ordinance reads: “To consolidate and amend the law by making more comprehensive provisions regulating the registration of practitioners in medicine and surgery”. In Chinese, it reads: “本條例旨在藉訂立更全面規管內外科醫生註冊的條文而綜合與修訂有關的法律”. The terms “medicine” (內科) and “surgery” (外科) are, as rightly accepted by Ms Ling, terms used in Western medicine. This is a useful pointer indicating that the Ordinance concerns Western medicine only. The repeated references of “medicine” (內科) and “surgery” (外科) in the relevant provisions relating to regulation of the registration of medical practitioners reinforce this point.

  2. A person who (a) wilfully or falsely pretends to be qualified to practise medicine or surgery; or to be registered; (b) wilfully or falsely takes or uses any name, title, addition or description implying that he is so qualified or registered; or (c) not being registered or provisionally registered or exempted from registration, professes to practise or publishes his name as practising medicine or surgery, commits a criminal offence and is liable on conviction to a fine and to imprisonment for three years: section 28(1).

  3. As can be readily seen, the entire registration scheme in Part III, the privileges conferred by section 16 and the penal consequences imposed by section 28, is to ensure that only properly qualified and registered medical practitioners holding a practising certificate can practise medicine (內科), surgery (外科) and midwifery (助產科) in Hong Kong. And medicine (內科), surgery (外科) and midwifery (助產科) are references to Western medicine only.

  4. In our view, when all the relevant provisions of the Ordinance are properly considered, the legislative intent of the Ordinance is clear. It only applies to Western medicine and not Chinese medicine.