Private Healthcare Facilities Ordinance (Cap. 633)
Under the Ordinance, four types of private healthcare facilities are subject to regulation, namely hospitals, day procedure centres, clinics and health services establishments.
| Contrary to the Ordinance | Offence | Type of PHF (Party Liable) |
Fine (Daily Fine)△ |
Imprisonment |
| Sections 10(1) and 10(3) | Operating a private healthcare facility (PHF) without a licence | Hospital (Any Person) |
$5,000,000 | 5 years |
| Day Procedure Centre (Any Person) |
$100,000 | 3 years | ||
| Sections 11(1) and 11(2) | Failing to display the current certificate of licence for a PHF in a conspicuous place in the facility | Hospital (Licensee) |
$100,000 | - |
| Non- hospital PHF (Licensee) |
$25,000 | - | ||
| Sections 32(1) and 32(2) | Failing to comply with an order to suspend a licence for a PHF issued on the ground of operating an unauthorised type of PHF | Operated as Hospital (Licensee of non-hospital PHF) |
$5,000,000 | 5 years |
| Sections 33(1) and 33(2) | Failing to comply with an order to suspend a licence for a PHF on a ground other than operating an unauthorised type of PHF | All (Licensee) |
$100,000 | 3 months |
| Sections 34(1) and 34(2) | Failing to comply with an order to suspend a facility service in a PHF | Hospital (Licensee) |
$1,000,000 | 2 years |
| Non- hospital PHF (Licensee) |
$100,000 | 3 months | ||
| Sections 35(1) and 35(3) | Failing to make a request in writing to cancel a licence of a PHF | Hospital (Licensee) |
$100,000 | 1 year |
| Non- hospital PHF (Licensee) |
$25,000 | 3 months | ||
| Sections 35(4)(b) and 35(5) | Failing to comply with a requirement imposed for the cancellation of the licence for a PHF | Hospital (Licensee) |
$100,000 | 1 year |
| Non- hospital PHF (Licensee) |
$25,000 | 3 months | ||
| Sections 49(1) and 49(5) | Failing to appoint a chief medical executive for a PHF | Hospital (Licensee) |
$100,000 ($10,000 per day) |
- |
| Non- hospital PHF (Licensee) |
$25,000 ($2,000 per day) |
- | ||
| Sections 49(4) and 49(5) | Failing to notify any change of a chief medical executive for a PHF | Hospital (Licensee) |
$100,000 ($10,000 per day) |
- |
| Non- hospital PHF (Licensee) |
$25,000 ($2,000 per day) |
- | ||
| Sections 57(1) and 57(2) | Failing to establish and keep in operation a Medical Advisory Committee for a PHF | Hospital/ Certain Clinics (Licensee) |
$100,000 ($10,000 per day) |
- |
| Sections 93(1) and 93(2) | Making false or misleading statements or representations | All (Any person) |
$100,000 | 2 years |
| Sections 112(2), 112(5) and 112(6) | Failing to provide or produce any information or document required for investigation on contravention | All (Any person) |
$25,000 ($2,000 per day) |
- |
| Sections 112(2), 112(7) and 112(8) | Providing false or misleading information or document required for investigation on contravention | All (Any person) |
$100,000 | 2 years |
| Sections 117(1) and 117(2) | Obstructing the Director of Health or an authorized officer in performing functions | All (Any person) |
$100,000 ($10,000 per day) |
2 years |
| Sections 118(1), 118(6) and 118(7) | Failing to provide any information required by Health Bureau | All (Licensee) |
$25,000 ($2,000 per day) |
- |
△ In the case of a continuing offence, a further daily fine during which the offence continues
Medical Clinics Ordinance (Cap. 343)
Under the Ordinance, medical clinics or any premises used for medical diagnosis or treatment of persons suffering from any disease, injury or disability of mind or body should be registered. However, under Section 2 of the Ordinance, certain premises or medical practices, such as private consultation rooms used exclusively by registered medical practitioners in the course of their practice on their own account, are not included as "clinic", and thus do not require registration with the Director of Health. Please refer to Section 2 of the Ordinance for details.