PHARMACY AND POISONS ORDINANCE, 1916

PHARMACY AND POISONS ORDINANCE, 1916

No. 9 of 1916.
An Ordinance to consolidate and amend the law relating to
the registration of pharmaceutical chemists and to the
regulation of the sale and use of poisons.
[30th June, 1916.]

1. This Ordinance may be cited as the Pharmacy and
Poisons Ordinance, 1916.
2. In this Ordinance,

(a) The Pharmacy Ordinances, 1908-1914 means the
Pharmacy Ordinance, 1908, the Pharmacy Amendment Ordi-
nance, 1910, and the Pharmacy Ordinance, 1914.
(b) Poison means any article for the time being included
in Schedule A.
(c) Registered person means a person registered under
this Ordinance.
Revenue officers may arrest without warrant in respect of offences against the
provisions of this Ordinance. See No. 2 of 1917.
As amended by Law Rey. Ord., 1924.





3. The Colonial Secretary shall keep a register of all
persons entitled to be registered under this Ordinance ill
such form as he may deem proper and shall make the
necessary alterations therein and a copy of such register shall
be published annually in the Gazette.

4.-(1) Subject to the provisions of section 5, the following
persons shall be entitled to be registered as pharmaceutical
chemists under this Ordinance:-
(a) any person duly registered as a pharmaceutical chemist
or chemist and druggist under the Pharmacy Act, 1868;
(b) any person duly registered as a cheniist and druggist
or druggist or registered druggist under the Pharmacy Act
(Ireland), 1875, Amendment Act, 1890;
(c) any person duly registered as a pharmaceutical chemist
ol. chemist and druggist under the Pharmacy Ordinances,
1908-1914;
(d) any person who proves to the satisfaction of the
Governor that he possesses a qualification of some British or
foreign pharmaceutical institution or examining body ap-
proved by the Governor in Council, or that he has passed
through a course of study and examination similar to the
course of study and examination required for registration
under either of the said Acts.
(2) All persons who immediately before the commencement
of this Ordinance were on the register established by the
Pharmacy Ordinance, 1908, shall be deemed to have been
duly registered under this Ordinance.

5. The Governor in Council may direct the name of any
person who is convicted of all offence a gainst this Ordinance
which in his opinion renders him unfit to be on the register
to be erased therefrom and the Colonial Secretary shall erase
the same accordingly and shall publish notification of such
erasure in the Gazette.

6. It shall be lawful for the Governor in Council to make
regulations for any of the following purposes:-
(a) prescribing the character and scope of the course of
study and examination required to have been passed by
applicants for registration under section 4 (d);

As amended by Law Rev. Ord., 1924.





(b) the appointment of examiners for the purposes of such
examination and the fees payable by the applicants in respect
of such examination;
(c) the issue of certificates by such examiners;
(d) the amount of the fee (if any) payable on registration;
(e) the keeping, dispensing, and selling of poisons by
registered persons;
(f) the issue of licences to wholesale dealers and auctioneers
and the prescribing of the conditions of such licences;
(g) the payinent of fees in respect of licences granted to
wholesale dealers;
(h) the regulation of the sale, possession, importation and
exportation of poisons;
(i) the imposition of penalties not exceeding five hundred
dollars on the violation of any of the conditions embodied in
such licences or otherwise on breach of any regulation
(except regulations as to the sale, possession, importation or
exportation of poison) made in pursuance of this section and
the mode of recovery of the same ;

(j) generally for the purpose of carrying into effect the
provisions of this Ordinance.

7. The Governor in Council shall have power to amend
any of the Schedules to this Ordinance in any manner what-
soever.

8. No person shall have in his possession, import, export,
sell, or supply, any poison, or keep open shop for retailing,
dispensing, or compounding poisons, unless he is authorised
to do so by this Ordinance or by regulations made there-
under.

9. No registered person shall compound any medicine of
the British Pharmacopecia except according to the formularies
thereof.

10. No person other than a registered person shall take,
use or exhibit, with or without any addition, the name or
title of chemist, druggist, pharmaceutical chemist, phar-
maceutist or pharmacist.

As amended by Law Rev. Ord., 1924.





11.--(1) No'person shall sell any poison, either by whole-
sale or retail, unless the box, bottle, vessel, wrapper or cover
in which such poison is contained is distinctly labelled in
English and Chinese with the name of the article and the
word Poison , and with the name and address of the seller
of the poison.

(2) For the purposes of this section, the person on whose
behalf any sale is made by any employe shall be deemed to
be the seller.

12.-(1) No person shall sell any of the poisons which
are for the time being specified in Part I of Schedule A to
any person unknown to the seller unless introduced by some
person known to the seller; and on every sale of any such
article the seller shall, before delivery, make or cause to be
made an entry in a book to be kept for that purpose stating,
in the form set forth in Schedule B the particulars indicated
in the said Schedule. -

(2) For the purpo ses of this section, the person on whose
behalf any sale is made by any employ6 shall be deemed to
be the seller.

13. The provisions of section 12 shall not apply-

(1) to wholesale dealers and auctioneers licensed under
this Ordinance; or

(2) to any article when forming part of the ingredients of
any medicine dispensed by a registered person on the
prescription of some person included in paragraph (3) ; or

(3) to any medicine supplied-

(a) to his patient by a registered medical practitioner; or

(b) to his patient by any person whose name appears for
the time being in Schedule C; or

(c) for animals under his care by any member of the
Royal College of Veterinary Surgeons of Great Britain or by
any other person holding the diploma of such British or
foreign veterinary institution or examining body as may be
approved by the Governor:

As amended by Law Rev. Ord., 1924.





Provided, as regards paragraphs (2) and (3), that such
medicine is labelled with the name and address of the person
who dispenses or supplies it, and that the ingredients there-
of are entered, with the name of the person to whom it is
sold or delivered, in a book to be kept for that purpose by
the person who dispenses or supplies such medicine.

14. No person shall administer by injection any poison
for the time being included in Part III of Schedule A except
when it has been prescribed by, and except in accordance
with the prescription of, a registered medical practitioner or
some other person authorised thereto by regulation made
under this Ordinance.

15. No person shall furnish any poison for the time being
included in Part III of Schedule A unless-
(1) it is furnished to a registered medical practitioner; or
(2) it is furnished to a registered person; or
(3) it has been prescribed by and is supplied in accordance
with the prescription of a registered medical practitioner; or
(4) its being so furnished is authorised by regulations
made under this Ordinance.

16. No person shall conceal or deposit in any place, or on
board any ship, not being or having the status of a ship of
war, any poison for the time being included in Part III of
Schedule A, or any hypodermic syringe or other appliance
capable of being used for the injection of any sucl-L poison,
if any, offence has been committed in respect of such poison
or syringe or other appliance.

17. No person shall sue out, obtain, issue, or execute
improperly and without sufficient cause. any search warrant
under this Ordinance.

18. Upon the decease of any registered person actually in
business at the time of his death, it shall be lawful for any
executor, administrator or trustee of the estate of such regis-
tered person to continue such business if and so long only
as, in every place where the business is carried on, the
business is bona fide conducted by a registered person.

As amended by Law Rev. Ord., 1924.
As amended by No. 8 of 1917 and Law Rev. Ord., 1924.
As amended by No. 8 of 1917,





19.-(1) A body corporate may carry on the business of
a pharmaceutical chemist:-
(a) if the business of the body corporate, so far as it
relates to the keeping, retailing and dispensing of poisons, is
under the control and management of a superintendent who
is a registered person, whose name has been forwarded to the
Colonial Secretary to be entered by him in a register to be,
kept for that purpose, and who does not act at the same time
in a similar capacity for any other body corporate, or for any,
firm or partnership; and
(b) if in every place where such business as aforesaid is
carried on, and is not personally conducted by the superin-
tendent, such business is bona fide conducted under the
direction of the superintendent by a manager or assistant
who is a registered person.
(2) A body corporate may use the description of chemist
and druggist, or of chemist or of druggist, or of dispensing
chemist or druggist, if the foregoing requirements as to the
carrying on of the business are observed.

20.-(1) Every person convicted of an offence-
(a) against section 9, shall upon summary conviction be
liable to a fine not exceeding fifty dollars and the medicine
in respect of which the offence shall have been committed
shall be forfeited and dealt with as the magistrate may direct;
(b) against section 10, shall upon summary conviction be
liable to a fine not exceeding fifty dollars for the first offence
and not exceeding one hundred dollars for the second or any
subsequent offence;
(c) against sections 8, 11, 12, 14, 15 or 16, or against any
regulation made under this Ordinance as to the sale, posses-
sion, importation or exportation of poison, shall upon sum-
mary conviction be liable to a fine not exceeding two
thousand dollars, or ten times the market value of the poison
in respect of which the offence was committed, whichever
maximum fine is the greater, and to imprisonment for any
term not exceeding twelve months; and further all poison
and all hypodermic syringes and other appliances capable of
being used for the injection of poisons in respect of which an
offence has been committed shall be forfeited and dealt with
as the magistrate may direct;
As amended by No. 8 of 1917.
As amended by Law Rev. Ord., 1924.





(d) against section 17, shall upon summary conviction be
liable for a first offence to a fine not exceeding five hundred
dollars or to imprisonment for any term not exceeding three
months and for any subsequent offence to a fine not exceed-
ing one thousand dollars or to imprisonment for any term not
exceeding six months.

(2) A certificate signed by the Government Analyst shall
be conclusive evidence in any proceedings under, and for any
purpose in connexion with, this Ordinance of the market
value of any poison in respect of which any offence has
occurred.

(3) Nothing in this Ordinance shall prevent any person
frorn being liable to any other penalty, damages or punish-
ruent to which he woula have been subject if this Ordinance.
had not been passed.

21.-(1) Whenever it appears to any justice of the peace
upon the oath of any person that there is reasonable cause
to believe that in any place, or on board any ship, not being
or having the status of a ship of war, there is concealed or
deposited any poison for the time being included in Part III
of Schedule A, or any hypodermic syringe or other appliance
capable of being used for the injection of any such poison,
and that an offence has been committed in respect of such
poison or syringe or other appliance, or that any place or
any such ship is being kept or used for the injection of any
such poison, or that any person has committed an offence
against this Ordinance, he may by his warrant directed to
any police or revenue officer einpower such officer by day or
by night,--

(a) to enter such place, or to go on board such ship, and
there to search for and take possession of any such poison,
syringe or appliance in such place, or ship; and

(b) to arrest any person. being in such place or ship, in
whose possession, custody or control such poison, syringe or
appliance may be found, or whim such officer may reasonably
suspect to have concealed or deposited any such poison,
syringe or appliance in such place or ship or thereabout; and

(c) to arrest any person named or designated in such
warrant.

As amended by No. 8 or 1917 and Law Rev. Ord., 1924.





(2) Such officer may, if necessary-
(a) break open any outer or inner door of such place, and
enter therein
(b) forcibly enter such ship and every part thereof;

remove by force any obstruction to such entry, search,
seizure and removal as he is empowered to effect;

(d) detain every person found In such place, or on board
such ship, until such place or ship has been searched;

(c) seize and detain any such poison found in such place
or ship; and

(f) seize and detain any such poison found in the possession
of any of the persons against whom such warrant has been
issued in any place whatsoever within the Colon

(3) Whenever it appears to any European police officer
not below the rank of sergeant, or to any European police
or revenue officer generally or specially authorised in writing
by the Captain Superintendent of Police or the Superintendent
of Imports and Exports respectively, that there is reasonable
cause to believe that in any place, or on board any ship, not
bein& or having the status of a ship of way, there is concealed
or deposited any poison for the time being included in Part
III of Schedule A, or any such syringe or appliance as is
mentioned in sub-section (1), and that an offence has been
coint-nitted in respect of such poison or syringe or other
appliance, and he shall have reasonable ground for believing
that by reason of the delay in obtaining a search warrant
the poison, syringe or appliance is likely to be removed, the
said officer in virtue of his office may exercise in, upon and
in respect of such place, or on board such ship, all the
powers mentioned in sub-sections (1) and (2) in as full and
ample a manner as if he were empowered to do so by warrant
issued under sub-section (1).

[s. 22, rep. Law Revision Ordinance, 1924.]

23.-(1) When any poison for the time being included
in Part III of Schedule A, or any hypodermic syringe or other
appliance capable of being used for injecting any such poison
is found without being apparently in the possession of any

As amended by No. 8 of 1917 and Law Rev. Ord., 1924.





person, or when it is proved to the satisfaction of the magis-
trate that it is not possible to proceed against any individual
wIth respect to any offence against this Ordinance by reason
of the fact that the offender is out of the jurisdiction or cannot
be found, the magistrate may cause a notice in English and
Chinese to be affixed to the place or ship not being or having
the status of a ship of war, where such poison, syringe or
appliance has been found or where it is known to be stored
calling upon, the owner thereof to claim the same.

(2) If no person makes such claim within one week from
the affixing of such notice, or if any such claim is made
within one week but is not subsequently substantiated to the
satisfaction of a magistrate, such poison, syringe or appliance
shall be forfeited and dealt with as the magistrate may direct.

24. The magistrate may require the Government Analyst
to report upon any technical point which may be in dispute
in any prosecution under this Ordinance, and may order the
payment of the fees due in respect of the Analyst's report by
the party in fault, or out of any fine recovered from either
party, or out of the proceeds of any forfeiture ordered by
such magistrate.

At the hearing of any such prosecution, the production of
the report of the Government Analyst required as aforesaid
shall be sufficient evidence of the facts therein stated, unless
the defendant requires that the Analyst should be called as
a witness; but if the Analyst is called by or at the request
of the defendant the magistrate may further order the
defendant, if convicted, to pay a fee of twenty-five dollars
for the attendance of the Analyst, such fee to be recoverable
in the same way as a penalty imposed under this Ordinance
is recoverable.

25. The magistrate may dismiss any charge or complaint
under this Ordinance on the ground that it is frivolous or
vexatious although the commission of an offence be proved,
and when a charge or complaint is dismissed on the ground
that it is frivolous or vexatious, or when the magistrate is of
opinion that such charge or complaint was supported by
evidence false to the knowledge of the person bringing such
charge, it shall be the duty of the magistrate to impose on
the person bringing the same a penalty not exceeding that

As amended by Law Rev. Ord., 1924,





which the defendant would have incurred if he had been
convicted, and such penalty shall be over and above any
other penalties or liabilities which the said person may have
likewise incurred in respect of his said charge or complaint
or of his evidence in support thereof.

26. In any proceedings before a magistrate or on appeal
before the Supreme Court relating to the seizure of any
poison, syringe or appliance the seizure whereof is authorised
by this Ordinance, it shall be lawful for sfich magistrate
and for the judges and they are hereby respectively required
to proceed in such cases on the merits only without reference
to matters of form, and without inquiring into the matter or
form of making any seizure excepting in so far as the
manner and form of seizure may be evidence on such merits.

27.-(1) Except as hereinafter mentioned, no information
laid under this Ordinance shall be admitted in evidence in
any civil or criminal proceeding, and no witness shall be
obliged to disclose the name or address of any informer or
to state any matter which might lead to his discovery; and
if any books, documents, or papers which are in evidence or
liable to inspection in any civil or criminal proceeding con-
tain any entry in which any such informer is named or
described or which might lead to his discovery, the court or
magistrate shall cause all such passages to be concealed
from view or to be obliterated so far as may be necessary to
protect lhe informer from discovery, but no further.

(2) But if in any proceedings before a magistrate for any
offence against any provision of this Ordinance the magistrate
after full inquiry into the case believes that the informer
wilfully made in his information a material statement which
he knew or believed to be false or did not believe to be
true, or if in any other proceeding the court or magistrate
is of opinion that justice cannot be fully done between the
parties thereto without the discovery of the informer, it shall
be lawful for the court or magistrate to require the pro-
duction of the original information and to permit inquiry
and require full disclosure concerning the informer.

28. Nothing in this Ordinance shall be construed as
affecting the provisions of the Opium Ordinance, 1923.
[s. 29, rep. Law Revision Ordinance, 1924.]

* As amended by Law Rev. Ord., 1921.





SCHEDULE A. [s. 2.]

PART I. [s. 12 (1).]
Aconite .. aconitine, and their preparations.
Alkaloids, all poisonous vegetable alkaloids riot specifically named in
this Schedule, and their salts, and all poisonous derivatives of vegetable
alkaloids, whatever be the trade name under which they are sold.
Arsenic, and its medicinal preparations.
Atropine, and its salts, and their preparations.
Belladonna, and all preparations or admixtures (except belladonna plasters)
containing 0.1 or more per cent. of belladonna alkaloids.
Cantharides, and its poisonous derivatives.
Cocaine and its salts, derivatives and substitutes, and all solutions, admix-
tures and preparations containing one or more per cent. of cocaine or of its
salts, derivatives, or substitutes, includin- eucaine, benzocaine, or amestliesin,
holocaine, tropaeocaine, orthoform, acoine, nirvanin, alypin, novocaine and
stovaine.
Corrosive sublimate.
Corynine, and its salts (known also as yohimbine and aphrodinc).
Cyanide of potassium, and all poisonous cyanides and their preparations.
Diethyl-barbituric acid, and other alkyl, aryl, or metallic derivatives of
barbituric acid, whether described as veronal, propona[, medinal, or by any
other trade name, mark or designation ; and all poisonous urethanes and
ureides.
Emetic tartar, and all preparations or admixtures containing one or more
per cent. of emetic tartar.
Ergot of rye, and preparations of ergots.
Nux voinica, and all preparations or admixtures containing one or more
per cent. of strychnine.
Opium, and all preparations or admixtures containing one or inore per
cent. of morphine, except prepared opium and dross opium as prepared and
sold by the Superintendent of Imports and Exports.
Picrotoxin.
Prussic acid, and all preparations or admixtures containing 0.1 or more
per cent. of prussic acid.
Savin, and its on, and all preparations or admixtures containing savin or
it's oil.

PART II.
Almonds, essential oil of (unless deprived of prussic acid).
Antimonial wine.
Cantharides, tincture and all liquid preparations or admixtures.
Carbolic acid, and liquid preparations of carbolic acid, and its homologues
containing more than three per cent. of such substances, except preparations
for sanitary use contained in a closed vessel distinctly labelled with the
word Poisonous, the name and address of the seller, and a notice of the
special purposes for which the preparations are intended.

As amended by G.N. No. 139 of 1918 and Law Rev. Ord., 1924.





Chloral hydrate.
Chloroform, and all prepnratious or admixtures containing more than
twenty per cent. of chloroform.
Cocaine, and its salts,derivatives and substitutes,- any preparation or
admixture, thereof containing more than 0.1 per cent. but less than one per
cent. of such substauces.
Digitalis.
Hydrochloric acid.
Japanese star-anise fruits (Illicium religiosum, Siehold).
Mercuric iodide.
Mercuric sulpliocyanide.
Nitric acid.
Oxalic acid.
Precipitate, red, (and all oxides of mercury).
Precipitate, white.
Strophanthus, and its preparations.
SnIphorial and its homologues, whether described as trional or tetronal or
by any other trade name, mark or designation.
Sulphuric acid.
All preparations and admixtures which are not included in Part I of this
Schedule, and which contain a poison within the meaning of the Pharmacy
and Poisons Ordinance, 1916, except preparations and admixtures the
exclusion of which from this Schedule is indicated by the words therein
relating to carbolic acid, chloroform and cocaine.


PART III. [ss. 14, 15, 16, 21
(1), (3), 23 (1)-]
Cocaine, and its salts, derivatives, solutions, admixtures, and preparations,
of any kind whatsoever, includinu eucuine, benzocaine or anwsthesin,
holocaine, tropacocaine, orthoform, acoine, nirvanin, alypin, novocaine and
stovaine.
Morphine, codeine, and any other alkaloid of opium, atid their salts,
derivatives, solutions, admixtures, and preparations, of any kind what-
soever, including heroin, dionin and peronin, but not including prepared or
dross opium as prepared and sold by the Superintendent of Imports and
Exports.

SCHEDULE B. [s. 12 (1).]

1. Date of sale.
2. Name and address of purchaser.
3. Name and quantity of article.
4. Purpose for which it is required.
5. Signature of purchaser.
6. Signature of person introducing purchaser.

vol. 1913-1923 2423 [Originally No.9 of 1916. No. 8 of 1917. Law Rev. Ord., 1924.] Short title. Interpretation. Ordinances Nos. 12 of 1908, 9 of 1910 and 2 of 1914. Schedule A. Register of pharmaceutical chemists. Qualifications for registration. 31 & 32 Vict.c. 121. 53 & 54 Vict.c. 48. Ordinances Nos. 12 of 1908, 9 of 1910 and 2 of 1914. Removal from the register. Regulations. Power to amend Schedules. Possession and sale of poisons generally. Compliance with formularies. Use of titles. Labelling of poisons. Entries to be made on sale of certain poisons. Schedule A. Part I. Schedule B. Exemptions from certain provisions. Schedule C. Injection of certain poisons. Schedule A. Part III. Furnishing of certain poisons. Schedule A. Part III. Concealment of certain poisons and appliances. Schedule A. Part III. Improper use of search warrants. Death of registered person. Business carried on by body corporate. Penalties. Search with warrant. Schedule A. Part III. Powers of officer executing warrant. Search without warrant by European officer in cases of urgency. Schedule A. Part III. Unclaimed poison and hyodermie appliances. Schedule A. Part III. Analysis may be ordered. Vexations proceedings. Procedure relating to cases of seizure. Provisions for the protection of informers. Saving of Ordinance No. 30 of 1923.

[Originally No.9 of 1916. No. 8 of 1917. Law Rev. Ord., 1924.] Short title. Interpretation. Ordinances Nos. 12 of 1908, 9 of 1910 and 2 of 1914. Schedule A. Register of pharmaceutical chemists. Qualifications for registration. 31 & 32 Vict.c. 121. 53 & 54 Vict.c. 48. Ordinances Nos. 12 of 1908, 9 of 1910 and 2 of 1914. Removal from the register. Regulations. Power to amend Schedules. Possession and sale of poisons generally. Compliance with formularies. Use of titles. Labelling of poisons. Entries to be made on sale of certain poisons. Schedule A. Part I. Schedule B. Exemptions from certain provisions. Schedule C. Injection of certain poisons. Schedule A. Part III. Furnishing of certain poisons. Schedule A. Part III. Concealment of certain poisons and appliances. Schedule A. Part III. Improper use of search warrants. Death of registered person. Business carried on by body corporate. Penalties. Search with warrant. Schedule A. Part III. Powers of officer executing warrant. Search without warrant by European officer in cases of urgency. Schedule A. Part III. Unclaimed poison and hyodermie appliances. Schedule A. Part III. Analysis may be ordered. Vexations proceedings. Procedure relating to cases of seizure. Provisions for the protection of informers. Saving of Ordinance No. 30 of 1923.

https://oelawhk.lib.hku.hk/items/show/1303

1923

v5

138

No. 9 of 1916

13