Diphtheria Immunisation Ordinance

This Ordinance may be cited as the Diphtheria Immunisation Ordinance, 1961, and shall come into operation on such date as the Minister may by notification in the Gazette appoint.

The Minister may appoint different dates for the coming into operation of different provisions of this Ordinance.

“booster diphtheria inoculation” means further inoculation against diphtheria of a person who has received one or the other of the complete courses of inoculation prescribed by regulations made under this Ordinance;

“guardian” in relation to a child means any person who has for the time being the charge of, or control over, the child and includes the parent of the child;

“infectious disease” has the same meaning as in the Quarantine and Prevention of Disease Ordinance (Cap. 147) and includes any other disease, which the Minister, by notification in the Gazette issued under the provisions of the said Ordinance, declares to be included within the said expression;

“inoculation” means the inoculation against diphtheria of such preparation or preparations as may from time to time be prescribed by regulations made under this Ordinance, on such number of occasions, with such intervals of time between such occasions, if more than one, as may from time to time be prescribed, and administered in such manner as may be prescribed;

“intra dermal test” means such test or tests as may be prescribed by regulations made under this Ordinance for the purpose of determining the susceptibility of a person to diphtheria;

“medical certificate” means a certificate signed by a medical officer or a medical practitioner;

“medical officer” means a medical practitioner in the service of the Government;

“medical practitioner” means a medical practitioner registered under the Medical Registration Ordinance (Cap. 191);

“nurse” means a nurse registered under the Nurses Registration Ordinance (Cap. 194);

“primary diphtheria inoculation” means the inoculation of a person who has not been previously immunised against diphtheria.

No intra dermal test or inoculation shall be carried out except by medical officers, medical practitioners, nurses employed by the Government and nurses working under the supervision of medical practitioners.

A record of every intra dermal test and inoculation shall be kept in the manner prescribed by regulations made under this Ordinance.

It shall be lawful for the guardian of a child required by this Ordinance to undergo inoculation to have an intra dermal test or the inoculation of such child performed at his own expense by a medical practitioner of his choice.

A medical practitioner who carries out intra dermal tests and inoculation shall comply with the provisions of this Ordinance and of the regulations made thereunder.

Any guardian who avails himself of the services of a medical practitioner under subsection (1) of this section, shall in all other matters comply with the provisions of this Ordinance and of the regulations made thereunder.

If any medical officer or medical practitioner is of the opinion that any child is not in a fit and proper state to be successfully inoculated, he shall without delay deliver to the guardian of such child a certificate under his hand in such form as the Director of Medical Services may prescribe.

Such certificate shall remain in force for a period not exceeding three months and shall be renewable for successive periods not exceeding three months.

At or before the end of each successive period, the guardian shall take or cause the child to be taken to a medical officer or a medical practitioner, who shall then examine the child and inoculate such child or give a further certificate in respect of such child in such form as the Director of Medical Services may prescribe.

Any medical officer or medical practitioner who issues a certificate under this section shall, after the delivery thereof to the guardian, transmit without delay a copy of the same by post or otherwise to the Assistant Director of Medical Services (Health).

Any person who —

No prosecution in respect of any offence under this Ordinance shall be instituted except with the written sanction of the Director of Medical Services.

It shall not be a defence to any failure to comply with any provision of this Ordinance or of any regulation made thereunder that the person charged had received no notice under the provisions of section 11 of this Ordinance.

The Minister may, by notification in the Gazette, suspend all or any of the provisions of this Ordinance during an epidemic of any infectious disease other than diphtheria.

The Minister shall on the termination of such epidemic, by notification in the Gazette, restore such provisions of this Ordinance as he has suspended and order all persons affected by such suspension to perform, within such time as he may specify, all acts as remained to be performed by reason of such suspension.

The Minister may make regulations generally for carrying out the provisions of this Ordinance and, in particular, may by such regulations —

All regulations made under this section shall be published in the Gazette and shall be presented to the Legislative Assembly as soon as may be after publication and if a resolution is passed pursuant to a motion notice whereof has been given for a sitting day not later than the first available sitting day of the Assembly next after the expiry of three months from the date when such regulations are so presented annulling the regulations or any part thereof as from a specified date, such regulations or such part thereof as the case may be shall thereupon become void as from such date but without prejudice to the validity of anything previously done thereunder or to the making of new regulations.