DANGEROUS DRUGS REGULATIONS

DANGEROUS DRUGS REGULATIONS

4. Linctus senega Liquid extract of senega 1 fl. ounce
Compositus. Liquid extract of squill 1 , ,
Tartarated antimony 8 grains.
Diamorphine hydro-
chloride ...... ... 4
Glycerine ..... ... 2. fl. ounces
Simple syrup to 20 fi. ouncqs.
5. Linctus thymi Diamorphine hydro-
Compositus. chloride .......... 4. grains
Apomorphine hydro-
chloride ... ... ... 5
Distilled water ... ... 1 * fl. ounce
Liquid extract of thyme
(1-1) ... ... ... ... 5 fl. ounces
Solution of tolu ... 11 fl. ounce
Glycerine to 20 fi. ounces.

(d) DICODIDE PREPARATIONS.
1. Cardiazol-Dicodide Solutions containing not less than 10 per
Solutions. cent of cardiazo, and not more than
0.5 per cent of dicodide . salts.
(e) EUCODAL PREPARATIONS.
1. Anti-Opium. Tablets*. Eucodal ... ... ... ... 1 gramme
Pulvis gentime ... ... ... 35 grammes
Pulvis ipecacuanhx ... ... 20
Quinine sulphate ... ... 20
Caffeine ... ... ... ... 5
Sugar of milk ... ... ... 25
Mix up and make up 5-
grain tablets.
2. Tablets B.B. Com- Berberis vulgarls
pound. powder .......... 0.0324 gramme
Nux vomica ... ... 0.013
Eucodal ......... 0.0032
Ipecacuanha........ 0.0648
Rhubarb .......0.013
Pulvis cinnamoni com-
-positas ... ... ... 0.0324
Aromatic chalk ... ... 0.0032

In exempting this preparntion from the operation of the Geneva Convention,
the Health committee expressed the wish that it should not be offered to the public
under the name of 'anti-opium.'

DANGEROUS DRUGS REGULATIONS.

(Cap. 134, section 11).
(Ordinance No. 35 Of 1935).

[1st January, 1936.]

Application.
1. These regulations shall, except where otherwise
expressed, apply to all the drugs to which the Dangerous
Drugs Ordinance for the time being applies.




IiTterp7etatio.~b.

2. In these regulations-
-registered dentist' means a registered dental surgeon) or
an exempted person, within the meaning of the Dentist
Regi~tration Ordinance.
'registered medical practitioner' and 'medical practi-
tioner' and 'duly qualified medical practil ioner-
mean a medical practitioner duly registered under the
-Medical Regi,stration Ordinance, ol- a licenciate. of the
Flong Kong College of Medicine.

Manufaclwre.

3. No person shall manufacture or carry 01.1 all~
process in the manufacture of morphine, esters of
morphine, dihydroiitorphiito7tc, acetyl
cocaine, ~,cgoni'i2.e, diaiito,rphin.e, dilt,v(lro-
oxycodeinoite or dihy(lrocotlein.oiie ol- their respective salts
or medicinal opiurn-
(a)unless lie is licensed by the Director ol- is
authorized by these regulations or by any authoritv
granted by the D irector to do so; and
(b)except on premises licensed for the purpose by the
Director; and
(c)otherwise than in accordance -,vith the ternis and
conditions of such licence ol- authoPenalty : (i)upon indictment, a fine of fifty thousand
dollars and imprisonment for ten years;
(i i)upon summary conviction, a fine of ten
thousand dollars and imprisonment fo r
twelve inonths.

Stile and distribitt'.1011,.

4. No person shall supply ol- procure ol- offer to supp] - v
ol. procure any of the drugs to ol- for ,ill\, person whether in
the Colony or elsewhere or shall advertise ariv of the drugs
for sale-
(a)unless lie is licensed by the Director ol- is authorized
by these regulations ot. by any authorit), granted
by the Director to supply the drug, or unless lie is
licensed by the Director to import ol- export the drug,
or unless lie is licensed ol- otlici.~vise authorized to





manufacture the drug, or (but.so far only as regards
procuring the drug) unless he is licensed to procure
the drug; ol.
(b)otherwise than ill accordance with the terms and.
conditions of such licence or authoPenalty : (i)upon indictment, a fine of fifty thousand
dollars and irn prison ment for ten years;
(i i)upon summary conviction, a fine of ten thou-
sand dollars and imprisonment for twelve
months.

5. Except when the drugs are lawfully dispensed in
pursuance of a prescription given by a duly qualified medical
practitioner, ol- r~gistered dentist, or veterinary . surgeon
approved by the Director, or are supplied by a duly qualified
medical pi'actitioner or approved veterinary surgeon who
dispenses his own medicines, in accordance with the condi-
tions hereinafter specified, no person shall supply or procure
oi- offer to supply, or procure any of the drugs to or for any
person in the Colony who is not licensed or otherwise
authorized to be in possession of the drug nor to any
person so licensed or authorized except in accordance
with the terms and conditions of such licence or authority :
Provided that administration of the drugs by or under
the direct personal supervision of a duly qualified medical
practitioner, ol- by ol. under the *direct personal supervision
of a registered dentist in dental treatment, Or by or under
the direct personal supervision of an approved veterinary
stii-i,,,eon in the treatnient of ill), animal, sliall riot. be deerned
to be stipplying the drog within tile. nieaning of this and the
foliowing I^C~,rtllltlolls.

Penalty : upon summary conviction, a fine of ten thousand
dollars and-imprisonment for twelve months.

Conditions as to [lie givivg and disteitsing of

6. A prescription for the supply of the drugs must
comply with the following conditions-
(a)the prescription must be in writing, must be dated
and signed by the registered rnedical
practitioner,
registered dentist, or approved veterinary surgeon,





as the case may be, with his usual signature and
address, ,ti-id must specify the name and address of
the person for whose use the prescription !*S given,
and the total amount of the drugs to be supplied on
the prescription, except that in the case of a pre-
paration which is coiit,-.tliied in the British Pharma-
copeia or the British Pharmaceutical Codex and
which is riot combined with any other preparation
of any of the drugs not so contained, it shall be
sufficient to state the total arnount of' the preparation
to be so supplied. A prescription shall only be
given by a registered medical practitioner when
required for purposes of medical treatment;
(b)a prescription shall only be given by a registered
dentist for the purposes of dental treatment and shall
he marked 'For local dental trealment o~LIY';
(c) a prescription shall only be given by an approved
veterinar ' v surgeon for the purposes of treatment
of animals and shall be marked 'For anllnial treat-
ment only';
(d)the Director may prescribe and issue a form, herein-
after referred to as the official form, for use in giving
prescriptions for the drugs, arid in that case a
prescription for any of the drugs shall only be given
on an official forni : Provided that in a case of
emergency when the person giving the prescription
has not the official form available, the prescription
may be given without using the official form, but in
that case shall be maked with the words '0Yic;(il
form not ti-,jailable' ot- simila ' r words ;
(e) a medical practitioner, registered clentisI ot- approved
veterinary surgeon shall not give anY prescription
foy the Supply of any of the drugs otherwise thin in
accordance with the foregoing conditions;
amedical practitioner who dispenses any medicines
to which these regulations appl), shall enter parti-
culars thereof in his day book or in the register
hereinafter specified.
Penalty upon summary conviction, a filIC Of (IIC thOLISand
dollars.

7. The foilowing conditions shall be observed by
persons dispensing prescriptions for the drugs-





(a)if the official form' is prescribed and issued by the Director in
pursuance of regulation 6, a prescription for any of the drugs
shall only be dispensed if the prescription is on one of those
forms, or in the case of an emergency prescription given
under the conditions Specified in the said regulation 6, if the
person dispensing the prescription is acquainted with the
signature of the medical practitioner, registered dentist, or
approved veterinary surgeon

.by, whom the prescription purports to be given, or is
acquainted with the person for whose use the prescription is
given and has no reason to suppose that the prescription is
not genuine. If an official form is riot prescribed, a
prescription for any of the drugs shall only be dispensed if
the person dispensing the prescription is acquainted with
the signature of the medical practitioner, registered dentist,
or approved veterinary stirgeon, by, whom the prescription
purports to be given, and has no reason to suppose that the
prescription is not genuine; or if lie has taken reasonably
sufficient steps to satisfy himself that the prescription is
genuine;

(b)the drugs shall not be supplied more than once on the same
prescription : Provided that, if the prescription so directs, the
drugs may be supplied oil more Lhan one but riot exceeding
three occasions, as directed in the prescription, at intervals to
be specified in the prescription ;

(c)the prescription shall be marked with the date on which it is
dispensed, and shall be retained by the Pei-soil, firlill or body
corporate by whom the Prescription is dispensed, and shall
be kept oil tile premises where it is dispensed and shall be
available for inspectior).
Penaltyupon surni-nary conviction, a fine of one thousand G.N.A. 79/51. dollars.

Possession.

8. No Person shall be in possession of, or attempt to

obtain possession of, any of the drugs unless-

(a)lie. is licensed or otherwise authorized to import or export the
drug; or





(b) he is licensed or otherwise authorized to manufacture
. or supply the drug; or
(c)he. is licensed or otherwise authorized to be in
possession of the drug; or
(d)lie proves that the drug was supplied for flis use by
a duly qualified medical practitioner or approved
veterinary surgeon or on and in accordance with
such a prescription as aforesaid : Provided that
the provisions of paragraph (d) shall not appl.s.. to
any drug supplied to a person for his use b), a
registered medical practitioner or in accordance with
a prescription if that person was at the time of the
supply in course of receiving treatment from another
registered medical practitioner in respect of addiction
to any of the drugs or otherwise and of being
suppHed with any of the drugs by or on a prescrip-
tion given by that last mentioned practitimier, and
did riot disclose the fact to the first mentioned
practitioner before the drug was supplied to him.
dollars and imprisonment for ten years;
(i i)upon summary conviction, a fine of ten thou-
sand dollars and imprisonment for twelve.
months.

illarliitg of packages or boltles.

9. (1) No person shall supply my drug to which these
regulations apply unless the pickage or bottle containing it
is plainly marked with the arliount of the drug in the package
or bottle.

(2) No person shall supply my preparation, admixture'
extract, or other substance containing my of these last-
mentioned drugs and coining within these regulations unless
the package or bottle is plainly marked-
(a)in the case, of a powder, solution, or ointment, with
the total amount thereof in the package or bottle and
the percentage of the drug in the powder, solution,
or ointment ;
(b)in the case of tablets or oth ' er articles, with the
amount of the drug in each article and the number
of articles in the package or bottle.





(3) This regulation shall not apply to any preparation dispensed
by a duly qualified medical practitioner or on the prescription of a duly
qualified medical practitioner.
Penalty :upon summary conviction, a fine of one thousand dollars.

Recards.

10. (1) Every person who supplies any of the drugs

Shall comply with tile following provisions-

(a)he shall enter or cause to be entered in a register kept for the
sole purpose aH supplies of the drug purchased or
otherwise obtained by him and all dealings in the drug
effected by him (including sales or supplies to persons
outside the Colony) in the form and containing the
particulars shown in the Schedule;

(b) separate. registers or separate parts of the register all be used
for (i) cocaine and ecgonine and substances containing
theni, (ii) morphine -and substances containing it, (iii)
esters of morphine and substances containing them, (iv)
dihydromorphinone and Substances containing it, (v)
acetylidihydrocodeinone and substances containing it,
(vi) diamorphine and substances containing it, (vii)
bezoylmorphine and substances containing it, (viii)
dihydrooxycodeinone and substances containing it,
(ix) dihydrocodeinone and substances containing it,
and (x) medicinal opium : Provided that with the approval
of the Director separate registers may, be kept for separate
departments of a business;

(c)he shall make the entry with respect to any of the drugs
purchased or otherwise obtaired by him on the day on
which the drug is received, and with respect to any sale or
supply by him of the drug on the day on which the
transaction is effected, or where that is not reasonably
convenient on the day following the day on which the drug
is received or the transaction is effected ;

(d)where he carries on business at more than one set of
premises, he shall keep a separate register or registers in
respect of each set of premises;

(e)lie shall keep the register or registers in some part of the
premises to which it relates so that it shall at all tinies be
available for inspection in accordance





with the pi-o\,isioiis oF the Dangerous Drugs Ordinance;

he*shall riot cancel, obliterate, ol- alter ill v entr v
in the register or rnake therein any entry which is
untrue in any particular : Provided that an ' ~7 iiiis-
take in an entry may be corrected by a marginal note
or footnote giving the correct particulars and clated

(g)lie shall furnish to the Director or to any person, authorized
by lily order of the Director for the purpose all information ill
regard to ,in purchases by him of [lie drugs, all stocks field by
hini of the drugs, and all transactions effected by hiln in the
drugs as may be required by the Direclor for tile purpose of
seeing that the provisions of tile Dangerous Drugs
Ordinance, are observed.

(2) A duly qualified medical practitioner who records in -1 day
book particulars of any ol' tile dru,'S slipplied b\. him to in), patient,
together with the name and address of the patient and date of the
supply, rnay, in lieu of keeping the register required by this regulation
of drugs sold olsupplied by him,' enter separately for each of the drugs
in a book to be kept for the purpose I-CI`CI-CrICCS Under the
appropriate dates to the records in the da), book of supply of the drug.
A person lawfully keeping open shop for the retailing of poisons in
accordance willi the 1)i-o\,lsloils of tile. Pharmacy and Poisons
Ordinance, may ill lien of

the register required by this regulation of di-tj'.)-s sold ol-
supplied by him, enter separately for each of the drugs in a
book to be kept for the purpose references under the appropriate dates
to the entries in the books kept by him ill
pursuance of the Pharmacy and Poisons Ordinance,

to any supply of the drugs. All such books shall at all times be
available for inspection ill accordance the provisions of the Ordinance.

(3) Every registered medical piactitioner, registered dentist and
approved veterinary surgeon shall, if !lot otherwise required to do so
under the provisions of this regulation, enter or cause to be entered in
a register kept for the sole purpose, in respect of each supply of each
of the drugs purchased or otherwise obtained by hini, the particulars
shewn in the Schedule.
Penalty :upon Summary conviction, a fine of' one thousand dollars.





11. Prescriptions, records, registers, or othei. documents
required to be retained ol- kept in pursuance Of these I-C9ula-
tions shall ]m presci.~,,ed for not less than two ),ears from the
date of the prescription or document or the last entry ill the
record ol. register, as tile case Illay bePenalty :upon summary conviction, a fine of one thousand
dollars.

Ceiteral authorlizations.

12. (1) Any person lawfully keeping open shap for lhe
retailing ol' [)oisons ill accordance with the provisions of the
Pha rill 11CV and Polsolls Ordinance, is hereby authorized,
subject always to the provisions of these reguiations-
(a)to manufacture at the shol) ill the ordinal.), course
ol' his retail business any preparation, admixture or
extract of ,.lily of the drugs otlier than bt~;t~7;ovl-
viorpli,tll,e; and
(b)to carry -)il <it the shol) the business of retailing,
(lisl)ciisiil,y ol- compounding the drugs other than

(2) In tile event of ill ' y such person being convicted of
an offence a,,,;ii:ise the Ordinance, tile Director Illay by notice
in the withdraw tile authorization aforesald, if in the
ol)inlon of the Director such 1)erson cannot proper]), be
allowed to Cirry 011 tile business of manufacturing or selling
or distributing, as the case Illay bC, ally such drug.

(3) E-very 1)erson authorized ill pursuance of this regula-
tion to carry oil [lie business of rnanufacturing, selling or
distributing the drugs shall keep the sarne ill a locked
receptacle of which the key shall be kept b), himself ol- a
qualified assistantPenalty .upon surnmary conviction, a fine of one thousand
dollars.

13. duly qualified medical practitioner, and every
registered delitist, and every approved veterinary surgeon,
and every person employed ol- engaged in dispensing
medicines at any public hospital or other public institution
being a person duly registered under the Pharmacy and
Poisons Ordinance, or being tl)l)i-oved by the Director, and
every person ill charge of a laboratory for purposes of
research or instruction attached to the University of Hong





Kong, or to anY public hospital or other institution approved
by the Director for the purpose, is hereby authorized so far
as is necessary 'for the practice of hils profession ol. eniploy-
nient ill such capacity to be ill possession of and supply
the drugs.

14. (1) ]il the ev~..iit of' .,ill person authorized 1) y illese
regulations or by ally allthorit gralited the Director to
manufacture, su ply ol- bc in Possession of the drugs, or
p ~_1
any of thern, being convicted of any, offence against 1he
Z,
Ordinance, the Direrlor may by notice in the Gazette with-
dram, the authorization in respect of such person, if, in the
opinion of the Director such person cannot properly bc
allowed to manufacture, supply or be ill possession of any
such drul-.
(2) ~,~7lCl, Suell pc,-so,, is a registered inedical practi-
tioner or registered dentisi: ol- approved veterinary surgeon
the Dircetor may also, by nolice given in the like nianner,
direct that the exceplior in regulation 5 ill respect of drugs
lawfuily dispersed ill purswilice of a 131-esel-ipiioii~ by' i
registered inedical practitioner ol- registered dentist ol*
approved veterillary- sur-coll shail not i
ill respect of
1-)i-escj-lpt!OIIS given by such practilioner, dentist ol*
surgeon as aforesaid.

15. If the Director is of opinion thal there is reason 10
thal a niedlical practitioner inay be supply-
ing, administering ol- prescribing ailof the drugs elther to
ol- for himself or to or for other persons otherwise thall as
required for the purpose of medical t,i,e~ttiiiciii, ol, thal allY
registered dentist may be Supplying,adMilliStering (r
prescribin g a 1 ly of [lie drugs cither to ol- for hiniself ol- to
or for other persons otherwise than as required for the
purpose of dental treatment, or that any approved ~,eteilil~ii-v
surgeon rilay be slipply,iii-, adininistering, or prescribing til~,
of the drugs otherwise than as required for [lie purpose of'
allillial treatment, he lilay, Nvith the consent of tile Colonial
Secretary, refer the case to the Alledical Board ol- the 1)ental
Board, in the case of registered dentists, for examination and
consideration, and if the Aledic, al Board. ol- the Dental Board
so recommend the Director may by notice in the Gazetle
withdraw the authorization of such person to be ill possession
of ol- to supply the drugs and may direct fliat the exception
ill regulation 5 in respect or drugs dispensed ill





pursuance of a prescription given b), a registered medical
practitioner or registered dentist or approved veterinary
surgeon shall riot apply in respect of prescriptions given by
such person as aforesaid.

16. A. registered medical practitioner, registered dentist
or approved veterinary surgeon shal! not give any prescrip
tion for the supply of in), of the drugs, if a direction has
beell given in PLII-Stlance of I-Cgtll~l[i011s 14 and 1,5 that the
CX(,CI.-)tioll ill regulation 5 is riot to apply in respect of
prescriptions given by such practitioner, or veterinary

Pcnalt), : upon summary conviction., a fine of ten thousand
doilars and imprisonment for rnonths.

Delivery lo ?iiesseiigers.
17. No person shall d,~i]N,(,r any of the chugs to anY
person not licensed ol- otherwise axilhori/ed to be in posses-
sion of' the drugs who purports to be sent by Or 011 belialf
of a person so licensed or authorized unless such person
1-,)roduces an authoritv in writing, signed by the person so
licensed ol- authorized, to i-ec(.,,ive the drug on his behalf
and unless the person supplying the drug 1 1
s satisfied that
the authority is genuine. This regulation shall riot be
deemed to apply to niedicines dispensed in pursuance of
the foregoing regulations.
Penalty :upon summary conviction, a fine of one thousand
dollars.
Aleaning of possessiolll.
18. An of the drugs in the order or disposition of
any person shall bc deemed to be in his possession.

Sitips.
19. (1) In tile case of a ship not carrying a duly
cluahlied medical practitioner as part of the complement of
the ship, the master of the ship sliall be deemed to be a
person authorized to h(-, in possession of the drugs so far
as is necessary to cornpiv with the requirements of the
Nlerchant Shipping Acts, and it shall also be lawful for
him, subject to an-y conditions prescribed by the Director,
to administer and supply the drugs lo aily member of the
crew in accordance -,vIth instructions prepared or sanctioned
by the Minister of Transport. The keeping of a record of the
LISC of the drtig.s in the official log in accordance with the





provisions of the i~'lercli~itit Shipping Acts shall be deemed
to be compliance with the requirements of these regulations
as to the keeping of records.

(2) If a foreign ship in any port in the Colony
requires to obtain a supply ol' lily of' the drugs in order
to complete the necessary equipment of the ship, the
master of the ship is authorized to purchase and be M
possession of such quantity of any of the drugs as may
be certified. by the Senlor Port Health Officei. to be neces-
sary for the purpose, the quantity not to exceed what is
required for ti-i(-.~ use ot tile ship tilitil it i-~!,'ICII('S its lionle
port. The certificate given by the Senior Port Flealth
Officer be ii-,,,ii-kcd bY the supplier with the date of
the supply and shal! be retained by him and kept ~iv~iiiiible
for inspectionPenalty:upon summary conviction, a fine of ten thousand
dollars and imprisonment for twelve months.

I-Tosp'l*tals.
20. The Director inay exempt from the operation of
these regulations in ' y hospital ol-- other public iiisti(iit'](:]
subject to the ol)sci'%~.'t lice of such conditions as lie. nia),
by order prescribe.

Exeinpled. perso,tis.
21. These regulmlons shall not apply to all\, clx,ll
medical officer, ol- to any riledical Officer of His
Navy, Army ol- Air Force serving in the Cololly on full P,1V,
or to the Government Chemist, ol- to the assistant Goverll-
merit cheri-iists, ol- to the Chief Pharmacist.

Forfe,l'ture.
22. It shall be lawfull for the court ol, a magistrate
to order to be forfeited to tile Crown any witi)
I.CSPCCt to Which all ' Y Under tlICSC I-CgL]1~tti(:.'11S 11~IS
been committed, whether any person shall have been con-
victed of such offence or not, and upon the making of an~
such order of forfeiture, the said articles shall be deemed
to he the property of the Crown free from all rights of
any person.
Citation.
23. These regulations may be cited as the Dangerous
Drugs Regulations.





SCHEDULE.

[reg. 10 (1).]
Here insert the name
Record of purchased or
of the drug to which otherwise obtained.
the record relates.

Date on which supply Name of person, body or Address of person, body
received. firm from whomor firm from whom Amount Form in which
obtained.obtained. obtained. obtained.





ere insert the
Ree the drug to i
ord of { ~i 7h i_c h sold or supplied.
the record relates.

E person Address of Authority of ~hern sale is on
Date on which IName o~ 'I person, body or 1 person, body oil Form in which P escription,
the transaction 1 body or firm to I Amount sold ecify the
was efYectedwhom sold orfirm to wliom firm to be in sold or s
or supplied. ingredients
supplied. sold orpossession of supplied.
supplied.the drug. of the
prescription.
G.N. 971/35. G.N. 675/37. G.N.A. 79/51. (Cap. 134.) (Cap. 156.) (Cap 161.) G.N.A. 79/51. G.N.A. 79/51. G.N.A. 79/51. [r. 6 cont.] G.N.A. 79/51. G.N.A. 79/51. [r. 8 cont] G.N.A. 79/51. G.N.A. 79/51. [r. 10 cont.] (Cap. 134.) (Cap. 138.) G.N.A. 79/51. G.N.A. 79/51. (Cap. 138.) G.N.A. 79/51. [r. 13 cont.] (Cap. 134.) G.N.A. 79/51. G.N.A. 79/51. G.N.A. 79/51. [r. 19 cont.] G.N.A. 79/51. G.N.A. 79/51.

G.N. 971/35. G.N. 675/37. G.N.A. 79/51. (Cap. 134.) (Cap. 156.) (Cap 161.) G.N.A. 79/51. G.N.A. 79/51. G.N.A. 79/51. [r. 6 cont.] G.N.A. 79/51. G.N.A. 79/51. [r. 8 cont] G.N.A. 79/51. G.N.A. 79/51. [r. 10 cont.] (Cap. 134.) (Cap. 138.) G.N.A. 79/51. G.N.A. 79/51. (Cap. 138.) G.N.A. 79/51. [r. 13 cont.] (Cap. 134.) G.N.A. 79/51. G.N.A. 79/51. G.N.A. 79/51. [r. 19 cont.] G.N.A. 79/51. G.N.A. 79/51.

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