PENICILLIN ORDINANCE
Title
PENICILLIN ORDINANCE
Description
CHAPTER 137.
PENICILLIN.
To control the sale and supply of penicillin and certain other
substances.
[4th June, 1948.]
1. This Ordinance may be cited as the Penicillin
Ordinance.
2. In this Ordinance
'authorized seller of poisons' has the meaning assigned to it by the
Pharmacy and Poisons Ordinance;
penicillin lias the meaning assigned to it by the regulations inade
under this Ordinance;
'registered dentist' means a person registered in the dentists register
under the Dentists Registration Ordinance;
'registered medical practitioner' means a person registered or deemed
to be registered under the Medical Registration Ordinance;
'registered pharmacist' means a person registered in the register of
pharmaceutical chemists or the register of chemists and druggists
under the Pharmacy and Poisons Ordinance;
'sale by way of wholesale dealing' means sale to a person who buys
for the purpose of selling again;
veterinary surgeon rneans any member of the Royal College of
Veterinary Surgeons of Great Britain, or any other person holding
the diploma of such British or Colonial veterinary institution or
examining body as the Governor in Council may from time to time
approve.
3. The substances to which this Ordinance applies
are penicillin and such other anti-microbial organic substances
produced by living organisms as may be prescribed by regulations
made by the Governor in Council under section 6 of this Ordinance
and, where such regulations prescribe a substance produced by living
organisms, the regulations may include any substance the chemical
properties of which are identical with or similar to those of the
substances so prescribed but which is not produced by living
organisms.
4. (1) Subject to the provisions of this section, no person shall
sell or otherwise supply any substance to which this Ordinance
applies or any preparation of which any such substance is an
ingredient or part unless he is
(a)a registered medical practitioner, a registered dentist or
a veterinary surgeon or a person acting in accordance
with the directions of any such medical practitioner,
dentist or veterinary surgeon, and the substance or
preparation is sold or supplied for the purpose of
treatment by or in accordance with the directions of
that medical practitioner, dentist or veterinary surgeon;
or
(b)a registered pharmacist or an authorized seller of
poisons, and the substance or preparation is sold or
supplied under the authority of a prescription signed
and dated by such medical practitioner, dentist or
veterinary surgeon as aforesaid.
(2) No person shall administer by way of treatment any such
substance or preparation unless lie is such a medical
practitioner, dentist or veterinary surgeon.
(3) Subsection (i) shall not apply to the sale or supply of any
such substance or preparation
(a) by way of wholesale dealing;
(b) for the purpose of being exported;
(c)to any such medical practitioner, dentist or veterinary
surgeon as aforesaid;
(d)to any authority or person carrying on a hospital, clinic,
nursing home or other institution providing medical,
surgical or veterinary treatment;
(e)to any person carrying on an institution or business
which has among its recognizing, activities the conduct
of scientific education or research, for use by persons
engaged in that education or research ; or
(f) to any public department.
(4) The person dispensing a prescription shall comply with
the following requirements
(a)if the prescription contains a direction that it may be
dispensed a stated number of times or, at stated
intervals, it must not be dispensed otherwise than in
accordance with the direction ;
(b)at the time of dispensing there must be noted on the
prescription the signature of the prescriber, the narne and
address of the seller and the date on which the prescription
was dispensed;
(c)except in the case of a prescription which may be dispensed
on more than one occasion, the prescription must for a
period of two years be retained and kept on the premises on
which it was dispensed, in such manner is to be readily
available for reference.
5. (1) Any person who contravenes any provision of section 4
shall be guilty of an offence and shall be liable on summary convictior
to a fine of one thousand dollars, or in the case of a second or
subsequent conviction to such a fine and to imprisonment for one
year.
(2) Where an offence tinder this Ordimince lias been committed by
a body corporate, every person who at the time of the commission of
the offence was a director, general manager, secretary or other similar
officer of the body corporate, or was purporting to act in any such
capacity, sliall be deemed to be guilty of that offence unless he proves
that the offence was committed without his consent or connivance and
that lie exercised all such diligence to prevent the commission of the
offence as he ought to have exercised having regard to the nature of
his functions in that capacity and to all the circumstances.
6. The Govertior in Council mav make regulations for prescribing
the substances and definitions thereof to which this Ordinance applies
and generally for carrying the provisions of this Ordinance into effect.
21 of 1948. Short title. Interpretation. (Cap. 138.) (Cap. 156.) (Cap. 161.) Substances to which this Ordinance applies. Control of sale and supply of substances to which this Ordinance applies. Offences and penalties. Regulations.
Abstract
21 of 1948. Short title. Interpretation. (Cap. 138.) (Cap. 156.) (Cap. 161.) Substances to which this Ordinance applies. Control of sale and supply of substances to which this Ordinance applies. Offences and penalties. Regulations.
Identifier
https://oelawhk.lib.hku.hk/items/show/1904
Edition
1950
Volume
v4
Subsequent Cap No.
137
Number of Pages
3
Files
Collection
Historical Laws of Hong Kong Online
Citation
“PENICILLIN ORDINANCE,” Historical Laws of Hong Kong Online, accessed November 8, 2024, https://oelawhk.lib.hku.hk/items/show/1904.