DANGEROUS DRUGS ORDINANCE, 1923

DANGEROUS DRUGS ORDINANCE, 1923

No. 22 of 1923.
An Ordinance to regulate the importation, exportation,
manufacture, sale and use of dangerous drugs.

[5th October, 1923.]

1. This Ordinance may be cited as the Dangerous Drugs
Ordinance, 1923.

2.-(1) In this Ordinance,

(a) To export means to carry out of the Colony or to
cause to be carried out of the Colony and includes the
carriage out of the Colony of drugs which were carried into
the Colony by water and which are, with or without any
landing or transhipment, carried out of the Colony on the
ssme ship on which they were carried into the Colony.

(b) To import means to carry into the Colony or to
cause to be carried into the Colony and includes the
carriage by water into the Colony of drugs which are
intended to be carried out of the Colony on the same ship
on which they were carried into the Colony, with or without
any landing or transhipment.

(c) Person , except so far as relates to the imposition
of the penalty of imprisonment, includes a body corporate
and a firm.

(d) Ship includes every description of vessel used in
navigation or for the carriage or storage of goods.

(c) Superintendent means the Superintendent of Im-
ports and Exports and includes any Assistant Superintend-
ent.

As amended by Law Rev. Ord., 1924.





(2) Corresponding law in this Ordinance means any
law stated in a certificate purporting to be issued by or on
behalf of the government of any place outside the Colony
to be a law providing for the control and regulation in that
country of the manufacture, sale, use, export and import of
drugs in accordance with the provisions of the International
Opium Convention signed at the Hague on the 23rd day of
January, 1912, and any statement in any such certificate
as to the effect of the law mentioned in the certificate,
or any statement in any such certificate that any facts
constitute an offence against that law, shall be conclusive.
Any such certificate shall be admitted in evidence upon
production by or on behalf of the Superintendent in any
proceeding.

3. (1) no person shall, except under licence and in
accordance with the conditions of the licence, import or
export, or do any act preparatory to or for the purpose of
importing or exporting, any drug to which this Ordinance
applies.

(2) No export licence for the exportation of any drug
to which this Ordinance relates shall be issued until
there shall have been produced to the Superintendent a
certificate in the form of the certificate in the Schedule
or in some form which appears to the Superintendent
to be equivalent, and no such export licence shall be
issued until the Superintendent is satisfied that such
certificate is genuine and relates to the drugs sought to be
exported and has not been obtained by any misrepresentation.
(3) Sub-section (1) shall not apply to any drugs which are
imported by water with a bona fide intention that they shall
be exported, without any landing or transhipment, on the
ship on which they were imported, and which are in fact so
exported: Provided that-
(a) the ship on which the drugs were imported proceeds
direct and forthwith to the harbour of Victoria and enters
such harbour;
(b) full particulars as to the quantity, consignors, consignees
and destination of such drugs, and as to the marks and
numbers of the cases in which they are contained, appear in
the manifest of the said ship;

As amended by Law Rev. Ord., 1924.





(c) the presence of the drugs on board the ship is reported
in writing to the Superintendent within four hours after the
arrival of the ship in the harbour of Victoria: Provided that,
if the office of the Superintendent is not open for the four
hours. immediately after the arrival of the ship in the harbour
of Victoria, the report required by this paragraph may be
made in writing to the inspector on duty at the Central
Police Station;
(d) when the ship leaves the harbour of Victoria, such ship
proceeds direct and forthwith out of the waters of the Colony;
and
(e) the exportation of the drugs is reported in writing to
the Superintendent within forty-eight hours after the depar-
ture of the ship from the harbour of Victoria.

4.-(1) For the purpose of preventing the improper use
of the drugs to which this Ordinance applies, it shall be
lawful for the Governor in Council to make regulations for
controlling the importation, exportation, manufacture, sale,
possession, movement and distribution of those drugs, and
in particular, but without prejudice to the generality of the
foregoing power, for-
(a) prohibiting the manufacture of any drug to which this
Ordinance applies except on premises licensed for the purpose
and subject to any conditions specified in the licence;
(b) prohibiting the manufacture, sale, possession, move
inent or distribution of any such drug except by persons
licensed or otherwise authorised -under the regulations and
subject to any conditions specified in the licence or authority;
(c) regulating the issue by medical practitioners of pre-
scriptions containing any such drug and the dispensing of
any such prescriptions; and
(d) requiring persons engaged in the manufacture, sale or
distribution of any such drug to keep such books and furnish
such information either in writing or otherwise as may be
prescribed.
(2) The regulations under this section shall provide for
authorising any person who lawfully keeps open shop for the
retailing of poisons in accordance with the provisions of the
Pharmacy and Poisons Ordinance, 1916,-.
(a) to manufacture at the shop in the ordinary course of
his retail business any preparation, admixture, or extract of
any drug to which this Ordinance applies; or






(b) to carry on at the shop the business of retailing,
dispensing, or compounding any such drug,

subject to the power of the Superintendent to withdraw the
authorisation in the case of a person who has been convicted
of an offence against this Ordinance, and who cannot, in the
opinion of the Superintendent, properly be allowed to carry
on the business of manufacturing or selling or distributing,
as the case may be, any such drug.

(3) All regulations made under this Ordinance shall be
laid on the table of the Legislative Council at the first meeting
thereof held after the publication in the Gazette of the
making of such regulations, and if a resolution is passed at
the first meeting of the Legislative Council held after such
regulations have been laid on the table of the said Council
resolving that any such regulation shall be rescinded, or
amended in any manner whatsoever, the said regulation
shall, without prejudice to anything done thereunder, be
deemed to be rescinded, or amended, as the case may be,
as from the date of publication in the Gazette of the passing
of such resolution.

(4) Nothing in any regulations made under this section
shall be taken to authorise the sale, or the keeping of an
opefi shop for the retailing, dispensing, or compounding of,
poisons by any person who is not qualified in that behalf
under, or otherwise than in accordance with, the provisions
of the Pharmacy and Poisons Ordinance, 1916, or to be in
derogation of the provisions of the Pharmacy and Poisons
Ordinance, 1916, for prohibiting, restricting, or regulating
the sale of poisons.

5.-(1) The drugs to which this Ordinance applies are
morphine, cocaine, ecgonine, and diamorphine (commonly
known as heroin), and their respective salts, and medicinal
opium (that is to say, raw opium which has been artificially
dried), and any preparation, admixture, extract, or other
substance containing not less than one-fifth per cent. of
morphine or one-tenth per cent. of cocaine, ecgonine or
diamorphine.

(2) For the purpose of sub-section (1), the percentage
in the case of morphine shall be calculated as in respect
of anhydrous morphine.





(3) For the purposes of this section, percentages in the
case of liquid preparations shall, unless other provision in
that behalf is made by regulations under this Ordinance,
be calculated on the basis that a preparation containing
one per cent of any substance means a preparation in
which one gramme of the substance, if a solid, or one
millilitre of the substance., if a liquid, is contained in every
one hundred millilitres of the pre-paration, and so in pro-
portion for any greater or less percentage.

(4) If it appears to the Governor in Council that any
other derivative of morphine or cocaine or of any salts
of morphine or cocaine or any other alkaloid of opium or
any other drug of whatever kind is or is likely to be
productive, if improperly used, of in effects substantially
of the same character or nature as or analogous to those
produced by morphine or cocaine, he may declare that
this Ordinance shall apply to that other derivative or
alkaloid or other drug in the same manner as it applies
to the drugs mentioned in sub-section (1).

6.-(1) Licences or authorities for the purposes of this
Ordinance may be issued or granted by the Superintendent
and may be issued or granted on such terms and subject to
such conditions as the Superintendent thinks proper. -

(2) It shall be lawful for the Superintendent to c harge
for any such licence or authority such fee as the Governor
in Council may by regulation prescribe.

7.-(1) It shall be lawful for any public officer authoris-
ed by the Superintendent in that behalf-
(a) to arrest and bring before a magistrate any person
whom such public officer may have reason to suspect of
having contravened any of the provisions of this Ordinance
or of any regulation made thereunder;

(b) to search the person and property and effeds of any
person whom it may be lawful for such, public officer to
arrest: Provided that no female person shall be searched
except by a female: Provided also that no person shall be
searched in a public place if he objects to be so searched;

(c) to search any place in which such public officer may
have reason to suspect that there may be any thing which
under paragraph (f) is liable to seizure;





(d) to search, and, if necessary to stop and search, any
ship (not being or having the status of a ship of war) in
which such public officer may have reason to suspect that
there may be any thing which under paragraph (f) is liable
to seizure;
(e) to search the premises of any person carrying oil the
business of a producer, manufacturer, seller ol. distributor
of any drug to which this Ordinance applies, and to demand
the production of, and to inspeet, any books or documents
relating to dealings in any drug, and to Inspect any
stocks of any such drug; and

to seize, remove and detain-

(1) any thing with respect to which such public officer
may have, reasonable grounds for suspecting that any offence
against this ordinance has been committed

(ii) any book or other document whick such public officer
may have reasonable grounds for suspecting to relate to, or
to be connected directly or indirectly with, any transaction
or dealing), Which was, or any intended transaction or dealing
which would if carried out an offence against this
Ordinance, or, in the case of a transaction or dealing carried
out or intended to be carried out in any place outside the
Colony, an offence against the provisions of any correspond-
ing law in force in that place; or

(iii) any other thing which may appear to such officer
likely to be, or to contain, evidence of anY such offence,
transaction or dealing.

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

(c) remove by force any personal or material obstruction
to any arrest, detention, search, inspection, seizure, or removal,
which he is empowered to make;

(d) detain every person found in such place until such
place or ship has been searched; and
(e) detain every shch ship, and every person on board such
ship, and prevent every person from approaching or boarding
such ship, until such ship has been searched.





(3) Any authority given by the Superintendent -under this
section may be given to an individual or to a class, and may
be-
(a) general, so as to embrace all the powers referred to
in this section, or
(b) limited, so as to embrace only a portion of those
powers, or
(c) particular, for a particular occasion.

(4) No person shall delay or obstruct any detention, arrest,
search, inspection, seizure, or removal, which is authorised
by this Ordinance.

8.-(1) No person shall send by post any drug to which
this Ordinance applies except -under a licence from the
Superintendent and in accordance with the conditions of such
licence.

(2) It shall be lawful for the Postrnaster General to detain
and open any postal article which he may suspect to contain
any drug to which this Ordinance applies or anything which
would be liable to seizure under section 7 (1)(f)

(3) If any postal article contains any drug to which this
Ordinance applies and such drug is not covered by a licence
-under this Ordinance, or if any postal article contains. any-
thing which would be liable to seizure under section 7 (1) (f),
it shall be lawful for the Postmaster General to detain such
postal article and all its contents, and to deal with such
article and its contents as the Governor may direct.

9. (1) Every person who is proved to have had in his
possession or under his control any thing whatsoever contain-
ing any drug to which this Ordinance applies shall, until
the contrary is'proved, be deerned to have been in possession
of such drug, and shall, until the contrary is proved, be
deerned to have known the nature of such drug..

(2) Every person who is proved to have had in his
possession or under his control or subject to his order
any document of title relating to any thing whatsoever

containing any drug to which this Ordinance applies shall,
until the contrary is proved, be deemed to have been in
possession of such drug, and shall, until the contrary is
proved, be deemed to have known the nature of such drug,





10. A certificate signed by the Superintendent as to the
character, quantity or market value of any drug to which
this Ordinance applies shall in any proceeding be coniclusive
evidence as to such character, quantity or market value
respectively.


11.-(1) Every person who-

(a) acts in contravention of, or fails to comply with, any
provision of this Ordinance or of any regulation made there-
tinder; or

(b) acts in contravention of, or fails to comply with, the
conditions of any licence issued or authority granted under
or in pursuaDee of this Ordinance; or

(C) for the purpose of obtaining, whether for hiniself or for
any other person, the issue, grant or renewal of any such
licence or authority as aforesaid, makes any declaration or
statement which is false in any particular, or knowingly
utters, produces or makes tise of any such declaration or
statement or any doctiment containing the same; or

(d) in the Colony aids, abets, counsels or procures the
commission in any place outside the Colony of any offence
punishable under the provisions of any corresponding law in
force in that place, or does any act preparatory to, or in
furtherance of, any act (wherever to be committed) which if
committed in the Colony would constitute an offence against
this Ordinance,
shall be guilty of an offence against this Ordinance.

(2) Every person guilty of an offence against this Ordi-
iiance sball, in respect of each offence, be liable-

(a) on conviction on indictment, to a fine not exceeding
ten thousand dollars, and to imprisonmient for any term not
exceeding ten years; or

(b) on summary conviction, to a fine not. exceeding two
thousand and five hundred dollars, and to imprisonment for
any term not exceeding twelve months.
(3) Every person who attempts to commit an offence
against this Ordinance, or solicits or incites another person
to commit such an offence, shall, without prejudice to any

As amended by Law Rev. Ord., 1924.





other liability, be liable -upon suniinary conviction to the
same punishment and forfeiture as if he had committed an
offence under this Ordinance.

(4) Where the person convicted of an offence under this
Ordinance is a company, the chairman and every director
and every officer concerned in the management of the com-
pany shall be guilty of the like offence unless he proves that
the act or omission constituting the offence occurred without
his knowledge or consent.

(5) Where, the person convicted of an offence under this
Ordinance is a firm, every partner in the firm, and every
person concerned in the management of the firm 'shall be
guilty of the' like offence unless he proves that the act or
omission constituting the offence occurred without his know-
ledge or consent.

Notwithstanding the provisions- of any enactinent which
prescribes the time within which proceedings for an offence
punishable upon summary conviction may be continenced,
any summary proceedings for an offence under this Ordi-
nance, or for -attempting to commit such an offence, or for
soliciting or inciting another person to commit such an
offence, may be commenced either within the time so
prescribed or within six months from the date on which
evidence sufficient, in the opinion of the Superintendent lo
justify a prosecution comes to his knowledge.whichever time
is the longer, -and, for the purposes of this sub-section, a
certicate purporting to be signed by the Superintendent as
to the date on which such evidence as aforesaid came to his
knowledge shall be, conclusive evidence thereof.

(7) For the purposes of sub-section (5), the issue of a sum-
mons or warrant. shall be deemed to be the commencement
of proceedings, whether such. summons or warrant is
executed or not.

(8) For the purpose of removing doubts, it is hereby
.declared-

(a) that in any proceedings against any person under this
Ordinance it is not necessary to negative by evidence any
licence, authority or other matter of exception or defence',
and -that the burden of proving any such matter lios on the
person seeking to avail himself thereof; and





(b) that, notwithstanding anything in any other enactment,
any term of imprisonment imposed under this Ordinance on
any person by a magistrate in respect of the non-payment of
a fine imposed under this Ordinance may be ordered to coin-
inence at the expiration of any term of imprisonment imposed
on that person for the same offence in addition to the fine.

12. It shall be lawful for the court or a magistrate to
order to be forfeited to the Crown any article with respect
to which any offence under this Ordinance has been com-
mitted, whether any person shall have been convicted of
such offence, or not, and upon the making of any such order
of forfeiture the said article shall be deemed to be the
property of the Crown free from all rights of any person.

13. Nothing in the Pharmacy and Poisons Ordinance,
1916, or in any regulation made under the Pharmacy and
Poisons Ordinance, 1916, whenever made, shall have the
effect of relaxing or limiting in any way whatever any of
the provision., of this Ordinance or of ans, regulation made
thereunder.

SCHEDULE. [s. 3 (2).]

IMPORT CERTIFICATE.

dangerous drugs Ordinance, 19193.

INTERNATIONAL OPIUM CONVENTION, 1912.

CERTIFICATE OF OFFICIAL APPROVAL OF IMPORT.
I hereby certify that the ministry or Department of ...........................
being the Ministry or Department charged with the
administration of the law relating to the dangerous drugs to which the

International opium Convention of 1912 applies, has approved the im-
portalion by (a) .......................................................
...........
............... .................................
..............................
of (b) ......................
..............................

.................. .................................. .....................


from (c)
.........................................................

subject to the following conditions (d) ...............................................

and is satisfied that the consignment proposed to be imported is required
solely for medicinal or scientific purposes.
Signed on behalf of the Ministry or Department of ...........................
.................................................. ..
signature...................................
official rank ...........
Date .................................
[Originally No. 22 of 1923. Law Rev. Ord., 1924.] Short title. Interpretation. Restrictions on import and export of dangerous drugs. [cf. 10 & 11 Geo. 5, c. 46, s. 6.] Schedule. Control of manufacture and sale of cocaine, etc. 10 & 11 Geo. 5, c. 46, ss. 7, 11. Ordinance No. 9 of 1916. Drugs to which this Ordinance applies. 10 & 11 Geo. 5, c. 46, s. 8. Licences. 10 & 11 Geo. 5, c. 46, s. 12. Arrest, search, inspection, seizure, removal, and detention. 10 & 11 Geo. 5, c. 46, ss. 10, 14. [s. 7 contd.] Postal provisions. Presumptions. Certificate as to character, quantity and value of drug. Offences, penalties and procedure. 10 & 11 Geo. 5, c. 46, s. 13. [s. 11 contd.] Forfeiture. This Ordinance not to be affected by Ordinance No. 9 of 1916. (a) Name, address and business of importer. (b) Exact description and amount of drug to be imported. (c) Name and address of firm in exporting country from which the drug is to be obtained. (d) State my special conditions to be observed, e.g., not to be imported through the post.

[Originally No. 22 of 1923. Law Rev. Ord., 1924.] Short title. Interpretation. Restrictions on import and export of dangerous drugs. [cf. 10 & 11 Geo. 5, c. 46, s. 6.] Schedule. Control of manufacture and sale of cocaine, etc. 10 & 11 Geo. 5, c. 46, ss. 7, 11. Ordinance No. 9 of 1916. Drugs to which this Ordinance applies. 10 & 11 Geo. 5, c. 46, s. 8. Licences. 10 & 11 Geo. 5, c. 46, s. 12. Arrest, search, inspection, seizure, removal, and detention. 10 & 11 Geo. 5, c. 46, ss. 10, 14. [s. 7 contd.] Postal provisions. Presumptions. Certificate as to character, quantity and value of drug. Offences, penalties and procedure. 10 & 11 Geo. 5, c. 46, s. 13. [s. 11 contd.] Forfeiture. This Ordinance not to be affected by Ordinance No. 9 of 1916. (a) Name, address and business of importer. (b) Exact description and amount of drug to be imported. (c) Name and address of firm in exporting country from which the drug is to be obtained. (d) State my special conditions to be observed, e.g., not to be imported through the post.

https://oelawhk.lib.hku.hk/items/show/1367

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