DANGEROUS DRUGS ORDINANCE

DANGEROUS DRUGS ORDINANCE

LAWS OF HONG KONG

DANGEROUS DRUGS ORDINANCE

CHAPTER 134





CHAPTER 134

DANGEROUS DRUGS ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

PART 1

SHORT TITLE AND INTERPRETATION

1. Short title ...........................5

2. Interpretation ..............................
..........................................5

3. Calculation of percentages for purposes of First Schedule, and extended

meaning of 'substance .......................................................
.....................................8

PART 11

CONTROL OF IMPORT, EXPORT, PROCURING, SUPPLY, DEALING
IN OR WITH, MANUFACTURE AND POSSESSION
OF DANGEROUS DRUGS

4.......................................Trafficking in dangerous drug 9
4A......................................Trafficking in purported dangerous drug 9

5. Dangerous drug not to be supplied except to person authorized or licensed to

be in possession thereof ...........10

6....................Manufacture of dangerous drug 1 1 ........................... 11

7.......................................Possession of dangerous drug for purpose of unlawful trafficking therein 11

8. Possession of dangerous drug otherwise than for trafficking, and consumption

of dangerous drug ....................11
9.......................................Cultivation of and dealing in cannabis plant and opium poppy 12

PART 111

ISSUE OF LICENCES AND CERTIFICATES, REQUIREMENTS IN CONNECTION
WITH LAWFUL IMPORT AND EXPORT OF DANGEROUS DRUGS,
AND DANGEROUS DRUGS IN TRANSIT

10...........................Licence to import dangerous drug .................................. 12

11.......................................Requirements to be complied with in relation to import of dangerous drug 13
12.......................................Licence to export dangerous drug 13
13.......................................Requirements to be complied with on export of dangerous drug 13

14...........................Dangerous drug in transit ........................... 14

is.......................................Licence to remove dangerous drug in transit is
16.......................................Licence to divert dangerous drug in transit 15
17.......................................Requirement to be complied with where diversion licence issued 15
18.......................................General power of Director to issue licences 16

19. Issue of licence, etc. to be in discretion of Director and power to impose







conditions ............................16
20.......................................Cancellation of licences, etc . 16
21.......................................Form of licence and certificate 16





Section Page

PARTIV

STATUTORY AUTHORITY TO PROCURE, SUPPLY AND
POSSESS DANGEROUS DRUGS

22. Statutory authority for certain persons to possess, supply or manufacture

dangerous drugs .........................16
23. Restrictions on authority conferred by section 22, etc . 17

24. Statutory authority for authorized sellers of poisons to manufacture
preparations and retail drugs and preparations, and for listed sellers of
poisons to

retail certain preparations ........................... 19

25. Statutory authority to possess dangerous drug supplied by registered medical
practitioner, etc., or on prescription or by authorized seller of poisons 20
26. Statutory authority to ingest or inject dangerous drug 21
27. Statutory authority to possess equipment and apparatus for injection of
dangerous drugs .........................21
28. Statutory authority of masters of ships to possess, supply and procure
dangerous drugs .........................22
29. Further statutory authorization of persons authorized or licensed to manu-
facture or supply dangerous drug ........23
30. Supply of dangerous drugs to hospitals, etc . 23
31. Supply of dangerous drug on prescription 23
32. Supply of dangerous drugs to persons on behalf of another, otherwise than on

prescription ............................ 24
33. Withdrawal of authority conferred by section 22 24
34. Power to prohibit prescribing of dangerous drug 26

PART V

DIVANS, EQUIPMENT FOR SMOKING, INJECTING, ETC. DANGEROUS
DRUG, AND PREMISES USED FOR UNLAWFUL TRAFFICKING
IN OR MANUFACTURE OF DANGEROUS DRUG

35. Divan keeping .......................26
36. Possession of pipes, equipment, etc . 26
37. Responsibility of owners, tenants, etc . 26

38. Premises used for unlawful trafficking in or manufacturing, etc. dangerous

drug ...............................27

PART VA

SEIZURE, DETENTION AND FORFEITURE OF SHIPS

38A. Interpretation .....................28
38B. Commissioner of Customs and Excise may seize and detain ship 29
38C. Magistrate may order arrest and detention of ship 29
38D. Registrar to order summons to be served on ship 29
38E. Bail ...............................29
38F. Imposition of penalties in respect of ships carrying excessive quantities of
drugs and consequential proceedings .....30
38G. Certificate as to finding of dangerous drugs etc . 31
38H. Right of appeal ....................31
381. Grounds for allowing appeal ........31
38J. Procedure on appeal ................32







38K......................................Amendment of Fifth Schedule 32





Section Page

PART VI

CONSPIRACY TO COMMIT OFFENCE UNDER ORDINANCE, FALSE
STATEMENTS,
AIDING, ETC. OFFENCE UNDER CORRESPONDING LAW, JOINT
TRIAL IN
CERTAIN CASES AND CONVICTION OF OTHER OFFENCES

39. Conspiracy ..........................32

40. False statements, and aiding, abetting, etc. offence under corresponding law 32

41. Joint trial of offences in certain cases 33
42. Conviction of offence other than that charged 33

PART VII

EVIDENCE

43. Certificate of corresponding law ....33
44. [Repealed 1 .........................34
45. Presumption concerning manufacture of dangerous drug 34
46. Presumption concerning possession of dangerous drug for purpose of
trafficking therein .....................34
47. Presumption of possession and knowledge of dangerous drug 35
48. Presumption concerning divans .......36
49. [Repealed 1 .........................36

PART VIIA

CONFIDENTIALITY OF
RECORDS

49A. Interpretation .....................36
49B. Central Registry of Drug Abuse .....37
49C. Immunity of records from search and from production in court 38
49D. Prohibition against disclosure of records 38
49E. Disclosure of information for research purposes 39
49F. Access to records with consent of addict 39
49G. Access to records by order of Attorney General 40
491-1. Consent of Attorney General required for prosecution 41
491. Amendment of Fourth Schedule .......41

PART VIII

MISCELLANEOUS

50. Amendment of First, Second and Third Schedules 41
51. Regulations .........................41
52. Powers of authorized officers .......42
53. Failure to comply with requirement under section 52 and obstruction of
authorized officer ......................45
53A. Surrender of travel document .......45
53B. Application for return of travel document 46
54. Chemical tests and handwriting ......47
54A. Court to consider report of the Commissioner of Correctional Services in the
case of certain drug offences ...........47

55. Dangerous drugs forfeited by law ............ 48
56. Forfeiture of articles, etc., used in connection with offence 48





Section Page
57. Protection of informers .............49
58. Power of Governor to give directions 49
First Schedule. Dangerous drugs .........49
Second Schedule. Prescribed hospitals and institutions, other than hospitals main-
tained by the Crown .....................52
Third Schedule. Other offences of which defendant may be convicted 53
Fourth Schedule. Reporting Agencies .....54

Fifth Schedule...........................Excessive Quantity of Dangerous Drug 55





CHAPTER 134

DANGEROUS DRUGS

To amend and consolidate the law relating to dangerous drugs.

[17 January 1969] L.N. 6,169

Originally 41 of 1968 31 of 1969, 5 of 1971, 46 of 1971, 13 of 1973, 43 of 1974, L.N. 22177,
L.N.
82177, 60 of 1977, L.N. 321177, 46 of 1978, 67 of 1979, LN. 300179, 37 of 1980, L.N.
324180,
L.N. 166181, 65 of 1981, L.N. 30182,40 of 1982,48 of 1982, L.N. 345182, L.N. 185183, 7
of 1984,
L.N. 141184, L.N. 17318 L.N. 81185, 40 of 1985, L.N. 176186, 24 of 1987, 62 of 1987,


PART 1

SHORT TITLE AND INTERPRETATION

Short title
1. This Ordinance may be cited as the Dangerous Drugs Ordinance.
Interpretation
2. (1) In this Ordinance, unless the context otherwise requires-

approved' means approved by the Director for the purposes of this Ordinance;

authorized seller of poisons' means an authorized seller of poisons within the
meaning of the Pharmacy and Poisons Ordinance (Cap. 138);

cannabis' means any plant, or any part of any plant, of the genus cannabis which
contains tetrahydro-cannabinol and the viable seeds of any plant of the genus
cannabis; (Replaced, 46 of 1978, s. 2)

'charge' means a complaint, information, charge or indictment;

'Chief Pharmacist' means the person so appointed by the Governor and such other
person as the Director may appoint in writing to carry out the duties of the
Chief Pharmacist under this Ordinance;

coca leaves' means the leaves of any plant of the genus of the erythroxylaceae
from which cocaine can be extracted, either directly or by chemical
transformation;

'Conventions' means the International Opium Convention signed at The Hague on
23 January 1912, the similar Convention signed at Geneva on 19 February 1925,
the International Convention for Limiting the Manufacture and Regulating the
Distribution of Narcotic Drugs signed at Geneva on 13 July 1931, the Protocol
on Narcotic Drugs signed at Lake Success, New York, on 11 December 1946,
the Single Convention on Narcotic Drugs signed at New York on 30 March
1961, and any convention or final protocol amending, supplementing or in
substitution for the same;

corresponding law' means a law stated in a certificate purporting to be issued by
or on behalf of the government of any country outside Hong Kong to be a law
providing for the control and regulation in that place of the manufacture, sale,
use, export or import of dangerous drugs in accordance with the Conventions;





'dangerous drug' means any of the drugs or substances specified in Part 1 of the
First Schedule;

'Director' means the Director of Medical and Health Services, a deputy
director of medical and health service or an assistant dircetor of medical
and health services;

'divan' means any place or premises opened, kept or used, whether on one
occasion or more than one occasion, for the smoking, inhalation, ingestion or
injection of a dangerous drug;

'diversion certificate' means a certificate issued by a competent authority in a
country outside Hong Kong through which a dangerous drug passes in transit

(a)authorizing the diversion of such drug to a country other than that
specified in the export authorization relating to that drug as the country to
which it was to be exported;

(b)containing full particulars of such drug and the quantity authorized to he
diverted and of the names and addresses of the person by whom the drug
is to be diverted and the person to whom it is to be sent; and

(c) specifying the country from which the drug was originally exported;

'ecgonine' means laevo-ecgonine and any derivatives of ecgonine from which it
may be recovered industrially;

'export' means to take or cause to be taken out of Hong Kong or any other
country, as the case may be, by land, air or water;

'export authorization' means an authorization issued by a competent authority in
the country outside Hong Kong from which a dangerous drug is to be exported

(a)containing full particulars of such drug and the quantity authorized to be
exported and of the names and addresses of the person by whom the drug
is to be exported and the person to whom it is to be sent; and

(b)specifying the country to which, and the period within which, it is to be
exported;

'import' means to bring or cause to be brought into Hong Kong or any other
country, as the case may be, by land, air or water;

'inject' or 'injection' means injection into any person by a hypodermic syringe or
any other method;

'in transit means imported into Hong Kong for the sole purpose of being exported
from Hong Kong to another country;

'manufacture' means any act connected with making, adulterating, purifying,
mixing, separating or otherwise treating a dangerous drug; (Replaced, 40 of
1982, s. 2)

'matron' includes any person performing the duties of a matron and any person,
whatever the title of the office which he holds, performing duties of the kind
performed by a matron;





'medicinal opium' means raw opium which has undergone the processes necessary
to adapt it for medicinal use in accordance with the requirements of the British
Pharmacopoeia, whether it is in the form of powder or is granulated or is in any
other form, and whether or not it is mixed with neutral substances;

,,opium' includes raw opium, prepared opium, opium dross and every substance
(other than medicinal opium) containing any proportion of raw opium, prepared
opium or opium dross;

,,opium dross' means any residue remaining after opium has been smoked;

,,opium poppy' means a plant of the species Papaver somniferum L or the species
Papaver setigerum D.C. and any plant from which morphine may be produced;

,,opium water' means an aqueous extract of opium; (Added, 46 of 1971, s. 2)

,,owner', in relation to any premises, includes any person holding premises direct
from the Crown, whether under lease, licence or otherwise, any mortgagee in
possession and any person receiving the rent of any premises, solely or with
another and on his own behalf or that of any person, or who would receive the
same if such premises were let to a tenant, and, where such owner as above
defined cannot be found or ascertained or is absent from Hong Kong or is
under disability, also includes the agent of such owner; (Amended, 46 of 1971,
s. 2)

'place' means any ship, aircraft, vehicle, building, structure or enclosure, whether
movable or not, and any spot on land or water;

'poppy straw' means all parts, except the seeds, of the opium poppy after mowing;
[cf. U.K. 1965 c. 15, s. 24(])]

'preparation' means a preparation, mixture, extract or other substance containing
any proportion of a dangerous drug specified in any of paragraphs 1 to 7 of
Part 1 of the First Schedule; (Amended, 46 of 1971, s. 2)

'prepared opium' includes any preparation of opium, and any substance of which
opium forms an ingredient, which is used or intended to be used, or is capable
of being used, for smoking, inhaling, ingestion or injection;

'prescribed hospital' means a hospital maintained by the Crown and a hospital or
institution specified in the Second Schedule;

'prescription' means a prescription for a single individual given by a registered
medical practitioner for the purposes of medical treatment, by a registered
dentist for the purposes of dental treatment or by an approved veterinary
surgeon for the purposes of animal treatment; [cf. U.K. S.I. 196411811, reg.
32(1)

'raw opium' means any kind of opium not prepared for smoking, inhaling, ingestion
or injection and also means the leaves or wrappings in which raw opium has
been wrapped, but does not include opium dross;

'registered dentist' means

(a)a dentist registered under the Dentists Registration Ordinance (Cap. 156)
by reason of his holding the qualifications specified in section 8(1)(a),
(b), (ba) or (c) of that Ordinance; or





(b)a person deemed to be a registered dentist under the Dentists Registration
Ordinance; (Replaced, 62 of 1987, s. 10)

',ship' includes every description of vessel used in navigation or for the carriage or
storage of goods on water;

',sister' includes any person performing the duties of a nursing sister and any
person, whatever the title of the office which he holds, performing duties of the
kind performed by a nursing sister;

'trafficking', in relation to a dangerous drug, includes importing into Hong Kong,
exporting from Hong Kong, procuring, supplying or otherwise dealing in or
with the dangerous drug, and 'traffic in a dangerous drug' shall be construed
accordingly;

'unlawful' or 'unlawfully', in relation to trafficking in or manufacturing or storage
of a dangerous drug, means otherwise than under and in accordance with this
Ordinance or a licence issued thereunder; (Amended, 46 of 1971,s.2)

'wholesale dealer' means a person who carries on the business of selling
dangerous drugs to persons who buy to sell again, and 'wholesale dealing'
shall be construed accordingly. [cf. U.K. S.I. 196411811, reg. 32(1)

(2) For the purposes of this Ordinance, a person shall be deemed to be in
possession of a dangerous drug or a pipe, equipment or apparatus, as the case may
be, if it is in his actual custody or is held by some other person subject to his
control or for him and on his behalf. [cf. U.K. S.I. 196411811, reg. 201

(3) Any quantity of a dangerous drug shall be a dangerous drug for the
purposes of this Ordinance notwithstanding that the quantity is insufficient to be
measured or used. (Added, 40 of 1982, s. 2)

Calculation of percentages for purposes of First Schedule,
and extended meaning of 'substance'

3. (1) For the purposes of the First Schedule-

(a)in the case of liquid preparations, percentages shall be calculated on the
basis that a preparation containing 1 per cent of any substance means a
preparation in which 1 gram of the substance if a solid, or 1 millilitre of the
substance if a liquid, is contained in every 100 millilitres of the
preparation, and so in proportion for any greater or less percentage; and

(b)in the case of salts, percentages shall be calculated as in respect of the
anhydrous base.

(2) The specification in paragraph 1 of Part 1 of the First Schedule of a
substance shall, if the existence of isomers of that substance is possible within the
specific chemical designation thereof, be taken to comprehend the specification of
any isomer of that substance whose existence is possible as aforesaid; and any
other reference in the First Schedule to a substance specified in paragraph 1 of Part
I thereof shall be construed accordingly. [cf. U.K. 1965 c. 15, s. 24 (2) 1





PART II

CONTROL OF IMPORT, EXPORT, PROCURING, SUPPLY,
DEALING IN OR WITH, MANUFACTURE AND
POSSESSION OF DANGEROUS DRUGS

Trafficking in dangerous drug

4. (1) Save under and in accordance with this Ordinance or a licence
granted by the Director hereunder, no person shall, on his own behalf or on
behalf of any other person, whether or not such other person is in Hong Kong-

(a) traffic in a dangerous drug;

(b)offer to traffic in a dangerous drug or in a substance he believes to be a
dangerous drug; or

(c)do or offer to do an act preparatory to or for the purpose of trafficking
in a dangerous drug or in a substance he believes to be a dangerous
drug. (Amended, 37 of 1980, s. 2)

(2) Subsection (1) shall apply whether or not the dangerous drug is in
Hong Kong or is to be imported into Hong Kong or is ascertained, appro-
priated or in existence.

(3) Any person who contravenes any of the provisions of subsection (1)
shall be guilty of an offence and shall be liable-

(a)on conviction on indictment, to a fine of $5,000,000 and to imprison-
ment for life; and

(b)on summary conviction, to a fine of $500,000 and to imprisonment for
3 years. (Amended, 43 of 1974, s. 2)

(4) This section does not apply to-

(a) a preparation specified in Part 11 of the First Schedule; or

(b) a dangerous drug which is in transit and-
(i) is in course of transit from a country from which it may lawfully
be exported to another country into which it may lawfully be impor-
ted; and
(ii) was exported from a country which is a party to the Conven-
tions and is accompanied by a valid export authorization or diversion
certificate, as the case may be. (Replaced, 7 of 1984, s. 2)

Trafficking in purported dangerous drug

4A. (1) No person shall, on his own behalf or on behalf of any other
person, whether or not such other person is in Hong Kong-

(a)traffic in -any substance represented or held out by him to be a
dangerous drug but which is not in fact a dangerous drug;

(b)offer to traffic in any substance represented or held out by him to be a
dangerous drug but which is not in fact a dangerous drug; or





(c)do or offer to do an act preparatory to or for the purpose of trafficking in
any substance represented or held out by him to be a dangerous drug but
which is not in fact a dangerous drug.

(2) Subsection (1) shall apply whether or not the substance represented or held
out to be a dangerous drug is in Hong Kong or is to be imported into Hong Kong or
is ascertained, appropriated or in existence.

(3) Any person who contravenes any of the provisions of subsection (1) shall
be guilty of an offence and shall be liable

(a)on conviction on indictment, to a fine of $500,000 and to imprisonment for 7
years; and

(b)on summary conviction, to a fine of 100,000 and to imprisonment for 1
year.

(4) No prosecution for an offence under this section shall be instituted without
the consent in writing of the Attorney General, but this subsection shall not prevent
the arrest, or the issue of a warrant for the arrest, of a person for any such offence,
or the remand in custody or on bail of a person charged with such an offence.

(Added, 37 of 1980, s. 3)

Dangerous drug not to he supplied except to person
authorized or licensed to he in possession thereof

5. (1) No person shall supply or procure, or offer to supply or procure, a
dangerous drug to or for any person in Hong Kong unless

(a)the latter person is authorized by or licensed under this Ordinance to be in
possession of that dangerous drug;

(b)the dangerous drug is to be supplied or procured in accordance with this
Ordinance; and

(c)in the case of a person licensed under this Ordinance to be in possession
of the dangerous drug, the dangerous drug is to be supplied or procured
in accordance with the conditions of his licence.

(2) Any person who contravenes subsection (1) shall be guilty of an offence
and shall be liable

(a)on conviction on indictment, to a fine of $100,000 and to imprisonment for
15 years; and

(b)on summary conviction, to a fine of $10,000 and to imprisonment for 3
years.

(3) For the purposes of this section, the administration of a dangerous drug

(a)by or under the direct personal supervision of, and in the presence of, a
registered medical practitioner;

(b)by or under the direct personal supervision of, and in the presence of, a
registered dentist in the course of dental treatment; or





(c)by a sister for the time being in charge of a ward, theatre or other
department in a prescribed hospital or in a health centre or clinic
maintained by the Crown acting on the instructions of a registered medical
practitioner, to a patient of that ward, theatre, department, health centre or
clinic,

shall be deemed not to be the supplying of the dangerous drug.

[cf. U.K. S.I. 196411811, reg. 8]

Manufacture of dangerous drug

6. (1) Save under and in accordance with this Ordinance or under and in
accordance with a licence granted by the Director thereunder and on the premises
specified in such licence, no person shall

(a) manufacture a dangerous drug; or

(b)do or offer to do an act preparatory to or for the purpose of manufacturing
a dangerous drug.

(2) Any person who contravenes subsection (1) shall be guilty of an offence
and shall be liable on conviction on indictment to a fine of $5,000,000 and to
imprisonment for life.

(Amended, 43 of 1974, s. 3)

Possession of dangerous drug for purpose of unlawful
trafficking therein

7. (1) No person shall have a dangerous drug in his possession for the purpose
of unlawful trafficking therein, whether by him or some other person.

(2) Any person who contravenes subsection (1) shall be guilty of an offence
and shall be liable

(a)on conviction on indictment, to a fine of $5,000,000 and to imprisonment
for life; and

(b)on summary conviction, to a fine of $500,000 and to imprisonment for 3
years. (Amended, 43 of 1974, s. 4)

(3) This section does not apply to-

(a) a preparation specified in Part II of the First Schedule; or

(b) a dangerous drug which is in transit and-

(i) is in course of transit from a country from which it may lawfully be
exported to another country into which it may lawfully be imported; and

(ii) was exported from a country which is a party to the Conventions
and is accompanied by a valid export authorization or diversion certificate,
as the case may be. (Added, 7 of 1984, s. 3)

Possession of dangerous drug otherwise than for
trafficking, and consumption of dangerous drug

8. (1) Save under and in accordance with this Ordinance or a licence granted by
the Director thereunder, no person shall





(a) have in his possession; or

(b) smoke, inhale, ingest or inject,

a dangerous drug.

(2) Any person who contravenes any of the provisions of subsection (1) shall
be guilty of an offence and shall be liable on conviction on indictment or on
summary conviction to a fine of $10,000 and, subject to section 54A, to
imprisonment for 3 years. (Amended, 67 of 1979, s. 2)

Cultivation of and dealing in cannabis plant and opium poppy

9. (1) No person shall cultivate any plant of the genus cannabis or the opium
poppy.

(2) No person shall, on his own behalf or on behalf of any other person,
whether or not such other person is in Hong Kong

(a) supply or procure or offer to supply or procure;

(b) in any way deal in or with or offer or purport to deal in or with; or

(c)import into or export from Hong Kong or do an act preparatory to or for
the purpose of such importing or exporting,

any plant of the genus cannabis or the opium poppy, whether or not the same is in
Hong Kong or is ascertained or appropriated or in existence.

(3) No person shall have in his possession any plant of the genus cannabis or
the opium poppy unless the same is in transit.

(4) Section 14 shall apply to any plant of the genus cannabis and the opium
poppy when the same is in transit as it applies to a dangerous drug which is in
transit.

(5) Any person who contravenes any of the provisions of this section shall be
guilty of an offence and shall be liable on conviction on indictment to a fine of
$100,000 and to imprisonment for 15 years.

PART III

ISSUE OF LICENCES AND CERTIFICATES, REQUIREMENTS IN
CONNECTION
WITH LAWFUL IMPORT AND EXPORT OF DANGEROUS
DRUGS, AND DANGEROUS DRUGS IN TRANSIT

Licence to import dangerous drug

10. (1) The Director may issue an import licence authorizing the person named
therein to import into Hong Kong, within the period specified therein, such quantity
of a dangerous drug as may be specified therein.

(2) When an import licence is issued to any person under subsection (1), the
Director shall also issue to that person an import certificate, and where such person
intends to import the dangerous drug in more than one consignment the Director
shall issue to him a separate import certificate in respect of each consignment.





Requirements to be complied with in relation to import of
dangerous drug

11. (1) The person to whom an import certificate is issued under section
10(2) shall send the same to the person from whom the dangerous drug to which
it relates is to be obtained.

(2) A dangerous drug which is imported into Hong Kong from a country
which is a party to the Conventions shall be accompanied by a valid export
authorization or diversion certificate.

(3) Any person who contravenes subsection (1) shall be guilty of an
offence and shall be liable on conviction to a fine of $5,000 and to imprisonment
for 6 months.

(4) In the event of a contravention of subsection (2), the person by whom
the dangerous drug is imported into Hong Kong shall be guilty of an offence
and shall be liable on conviction to a fine of $5,000 and to imprisonment for
6 months, unless he shows that he had taken all practicable steps to ensure
that the said subsection was complied with.

Licence to export dangerous drug

12. (1) Subject to subsection (2), the Director may issue an export licence
authorizing the person named therein to export from Hong Kong to the country
specified therein, within the period specified therein, such quantity of a danger-
ous drug as may be specified therein.

(2) Save where the dangerous drug is to be exported to a country which is
not a party to the Conventions, an export licence shall not be issued under
subsection (1) except on production of an import certificate issued by a com-
petent authority in the country to which the drug is to be exported, and then
only to the person named in such certificate and in respect of the dangerous
drug specified therein.

(3) When an export licence is issued to any person under subsection (1),
the Director shall also issue to that person a copy of the licence.

Requirements to be complied with on export of dangerous
drug

13. (1) The person to whom an export licence is issued under section
12(1) shall send the copy of the licence issued to him pursuant to subsection (3)
of that section with the dangerous drug to which the licence relates when the
same is exported from Hong Kong. (Amended, 46 of 1971, s. 3)

(2) A person who intends to export from Hong Kong a dangerous drug in
respect of which an export licence has been issued under section 12(1) shall-

(a)if so required, produce to the Director the dangerous drug and the
export licence; and

(b)produce such other evidence as the Director may require to satisfy him
that the dangerous drug is being lawfully exported to the place and
person specified in the export licence.





(3) Any person who contravenes subsection (1) or (2) shall be guilty of an
offence and shall be liable on conviction to a fine of $5,000 and to imprisonment for
6 months.

Dangerous drug in transit

14. (1) If a dangerous drug which is in transit-

(a)is not in course of transit from a country from which it may lawfully be
exported to another country into which it may lawfully be imported; or

(b)was exported from a country which is a party to the Conventions and was
not accompanied by a valid export authorization or diversion certificate, as
the case may be,

the person by whom the dangerous drug was imported shall, unless, in the case of a
contravention of paragraph (b), he shows that he had taken all practicable steps to
ensure that the said paragraph was complied with, be guilty of an offence and shall
be liable on conviction on indictment, to a fine of 100,000 and to imprisonment for
10 years and on summary conviction, to a fine of $10,000 and to imprisonment for 3
years. (Amended, 46 of 1978, s. 3)

(2) Save under and in accordance with a removal licence issued by the Director
under section 15, no person shall

(a)remove a dangerous drug which is in transit from the ship, aircraft, vehicle
or train in which it was imported into Hong Kong; or

(b)in any way move a dangerous drug in Hong Kong after its removal from
the ship, aircraft, vehicle or train in which it was imported into Hong Kong.

(3) No person shall-

(a)cause a dangerous drug which is in transit to be subjected to any process
which alters its nature; or

(b)wilfully open or break any package or other thing containing a dangerous
drug which is in transit,

except on the instructions of the Director and in such manner as he may direct.

(4) Save under and in accordance with a diversion licence issued by the
Director under section 16(1), no person shall cause a dangerous drug which is in
transit to be diverted to any destination other than

(a)the country specified in the export authorization or diversion certificate
accompanying the dangerous drug when it was imported into Hong Kong;
or

(b) the country to which the dangerous drug was originally to be exported.

(5) Any person who contravenes subsection (2), (3) or (4) shall be guilty of an
offence and shall be liable

(a)on conviction on indictment, to a fine of $100,000 and to imprisonment for
10 years; and





(b)on summary conviction, to a fine of 5 10,000 and to imprisonment for 3
years.
(6) Subsection (1) or (3)(b) shall not apply to-

(a) a dangerous drug which is in transit by post; or
(b)a dangerous drug forming part of the medical stores of a ship or
aircraft, if the quantity thereof does not exceed the quantity reason-
ably required for the purpose of such stores.

(7) Subsection (2) shall not apply to a dangerous drug which is in transit
by post.

Licence to remove dangerous drug in transit

15. (1) Subject to subsection (2), the Director may issue a removal licence
authorizing the person named therein to remove the dangerous drug in transit
specified therein in such manner and at such time as may be specified therein.
(2) Except where a dangerous drug which is in transit was exported from a
country which is not a party to the Conventions, a removal licence shall not be
issued in respect of a dangerous drug unless a valid export authorization or
diversion certificate relating to that drug is produced to the Director.

Licence to divert dangerous drug in transit

16. (1) Subject to subsection (2), the Director may issue a diversion
licence authorizing the person named therein to divert the dangerous drug in
transit specified therein to such country as may be specified therein.
(2) The Director shall not issue a diversion licence under subsection (1)
except-
(a)on production to him of a valid import certificate issued by a
competent authority in the country to which the dangerous drug in
transit is to be diverted; or

(b)if that country is not a party to the Conventions, on production to him
of evidence which satisfies him that the dangerous drug in transit is to
be consigned to the country to which it is to be diverted in a lawful
manner and for a lawful purpose.
(3) On the issue of a diversion licence under subsection (1), the export
authorization or diversion certificate (if any) accompanying the dangerous drug
when it was imported into Hong Kong shall be detained by the Director and
returned to the authority by which it was issued, together with a notice of the
name of the country to which the dangerous drug has been diverted.

(4) When a diversion licence is issued to any person under subsection (1),
the Director shall also issue to that person a copy of the licence.

Requirement to he complied with where diversion licence
issued

17. (1) The person to whom a diversion licence is issued under section
16(1) shall send the copy of the licence issued to him pursuant to section 16(4)
with the dangerous drug to which the licence relates when the same is exported
from Hong Kong.





(2) Any person who contravenes subsection (1) shall be guilty of an
offence and shall be liable on conviction to a fine of $5,000 and to imprisonment
for 6 months.

General power of Director to issue licences

18. In addition to the licences and certificates which the Director is
empowered to issue under any other provision in this Part, the Director may
issue any licence required for the purposes of this Ordinance.

Issue of licence, etc. to be in discretion of Director and
power to impose conditions

19. (1) Save as otherwise provided, the issue of a licence or certificate
under this Ordinance shall be in the discretion of the Director.

(2) On the issue of a licence or certificate under this Ordinance, the
Director may impose such conditions as he thinks fit.

(3) Any person who contravenes a condition to which a licence or
certificate issued by the Director under this Ordinance is subject shall be guilty
of an offence and shall be liable on conviction to a fine of $50,000 and to
imprisonment for 3 years.

Cancellation of licences, etc.

20. (1) The Director may at any time cancel a licence or certificate issued
under this Ordinance.

(2) Any person aggrieved by the cancellation under subsection (1) of a
licence or certificate may, within 14 days after the delivery to him of notice of
the cancellation, appeal by way of petition to the Governor.

(3) On an appeal under subsection (2), the Governor may confirm, vary or
reverse the decision or substitute therefor such other decision or make such
other order as he thinks fit.

Form of licence and certificate

21. A licence or certificate under this Ordinance shall be in such form as
the Director may determine.

PARTIV

STATUTORY AUTHORITY TO PROCURE, SUPPLY
AND POSSESS DANGEROUS DRUGS

Statutory authority for certain persons to possess, supply or
manufacture dangerous drugs

22. (1) Subject to the provisions of this Ordinance-

(a) a registered medical practitioner;





(b) a registered dentist;

(c) an approved veterinary surgeon;

(d) the Chief Pharmacist;

(e) a person-

(i) who is a registered pharmacist or an approved person;

(ii) who is employed or engaged at a prescribed hospital or at a health
centre or clinic maintained by the Crown; and

(iii) whose duties in that employment or engagement include the
dispensing or supply of medicines for that, or any other such, hospital,
health centre or clinic;

a sister for the time being in charge of a ward, theatre or other department
in a prescribed hospital or in a health centre or clinic maintained by the
Crown;

(g)a person in charge of a laboratory used for the purposes of research or
instruction and attached to a university or to an approved hospital or
institution,

is hereby authorized, so far as may be necessary for the practice or exercise of his
profession, function or employment, and in his capacity as such, to be in
possession of and to supply a dangerous drug.

(2) Subject to the provisions of this Ordinance, the matron of a prescribed
hospital is hereby authorized, so far as may be necessary for the purposes of the
hospital, and in her capacity as matron thereof, to be in possession of and to supply
a dangerous drug.

(3) The Government Chemist is hereby authorized, so far as may be necessary
for the exercise of his employment, and in his capacity as such, to be in possession
of a dangerous drug.

(4) A registered medical practitioner is hereby authorized, so far as may be
necessary for the practice of his profession, to manufacture any preparation and to
be in possession of and procure any dangerous drug required for the manufacture
of such preparation.

(5) Any registered pharmacist or approved person who is employed or
engaged at a prescribed hospital is hereby authorized

(a)to manufacture any preparation required for the purposes of the hospital;
and

(b)to be in possession of and to procure any dangerous drug so far as it may
be necessary for such manufacture:

Provided that an approved person shall be so authorized only if he is acting on
the directions of the medical officer in charge of the hospital.

(6) In section 24, and in this section, except subsection (3), 'dangerous drug'
does not include the drugs specified in any of paragraphs 9 to 12 of Part 1 of the
First Schedule. (Amended, 46 of 1978, s. 4)

[cf. U.K. S.I. 196411811, reg. 10 (1) and (3)

Restrictions on authority conferred by section 22, etc.

23. (1) Nothing in section 22 shall-





(a)authorize a registered dentist to supply a dangerous drug unless the drug
is administered by him, or under his direct supervision and in his
presence, to a person receiving treatment by him.'

1

(b)authorize the sister in charge of a ward, theatre or other department in a
prescribed hospital or in a health centre or clinic maintained by the Crown

(i) to procure a dangerous drug except from a person employed or
engaged in dispensing medicines at the hospital, health centre or clinic or
from the matron of the hospital and except upon a written order signed by
the sister; or

(ii) to supply a dangerous drug except in accordance with a prescription
lawfully given by a registered medical practitioner in charge of any of the
patients of the hospital, health centre or clinic or in accordance with
directions given in the bed card or case sheet of a patient in the hospital
or health centre by a registered medical practitioner in charge of that
patient or in accordance with a prescription lawfully given by a registered
dentist in charge of any of the patients in the hospital;

(c)authorize a person who is a registered pharmacist or an approved person
and who is employed or engaged at a prescribed hospital or at a health
centre or clinic maintained by the Crown to supply a dangerous drug
except

(i) in accordance with a written order signed by the sister in charge of a
ward, theatre or other department in the hospital, health centre or clinic; or

(ii) in accordance with a prescription lawfully given by a registered
medical practitioner in charge of any of the patients of the hospital, health
centre or clinic or in accordance with directions given in the bed card or
case sheet of a patient in the hospital or health centre by a registered
medical practitioner in charge of that patient or in accordance with a
prescription lawfully given by a registered dentist in charge of any of the
patients in the hospital; or

(d)authorize the matron of a prescribed hospital to procure a dangerous drug
except on an order signed by the medical officer in charge of the hospital
or to supply a dangerous drug except

(i) in accordance with a written order signed by the sister in charge of a
ward, theatre or other department in the hospital; or

(ii) in accordance with a prescription lawfully given by a registered
medical practitioner or registered dentist in charge of any of the patients
in the hospital or in accordance with directions given in the bed card or
case sheet of a patient in the hospital by a registered medical practitioner
in charge of that patient.

(2) A written order signed by a sister in accordance with subsection (1)(b)(i) on
which a dangerous drug is procured shall be marked. in such manner as to show
that it has been complied with, by the person employed or engaged in dispensing
medicines who complies with the order or by the matron, as the case may be, and
shall be kept in the dispensary or by the matron, and a copy or note thereof shall be
kept for at least 2 years by the sister for the time being in charge of the ward, theatre
or department for use in which the dangerous drug was

procured.[cf. U.K. S.I. 196411811, reg. 10(5)]





(3) Whenever a dangerous drug is supplied-

(a)on a written order signed by a sister in accordance with subsection
(1)(b)(i);

(b)on a prescription lawfully given by a registered medical practitioner or a
registered dentist; or

(c)in accordance with directions given in the bed card or case sheet of a
patient,

by a person who is a registered pharmacist or an approved person and who is
employed or engaged at a prescribed hospital or at a health centre or clinic
maintained by the Crown or by the matron of a hospital, a record of such order or
prescription shall be entered in a book kept solely for the purpose.

(4) Every dangerous drug, other than a preparation specified in Part 11 of the
First Schedule, in the actual custody of a person authorized by section 22 to be in
possession thereof shall, except when the necessities of the practice or exercise of
the profession, function or employment by virtue of which that person is so
authorized otherwise require, be kept in a locked receptacle which can be opened
only by him or by some other person authorized by that section to be in possession
of the dangerous drug. [cf. U.K. S.I. 196411811, reg. 10(4) First Schedule]

(5) All dangerous drugs which are in the possession of any person by virtue of
section 22(1)(e) or (f), (2) or (5) shall be examined at least once in every month by a
person appointed by the medical officer in charge of the hospital, health centre or
clinic, and if it appears to the person by whom such examination is carried out

(a)that a dangerous drug is in the possession of such person otherwise than
in accordance with this Ordinance;

(b)that the proper quantity of any dangerous drug is not in the possession of
such person; or

(c)that any dangerous drug has been supplied to or supplied or dispensed by
such person otherwise than in accordance with this Ordinance,

he shall forthwith notify the Director.

(6) Any person who-

(a) contravenes subsection (3) or (4); or

(b) fails to notify the Director in accordance with subsection (5),

shall be guilty of an offence and shall be liable on conviction to a fine of $5,000.
[cf. U.K. S.I. 196411811, reg. 10 (1) proviso and reg. 10 (3) proviso]

Statutory authority for authorized sellers of poisons to
manufacture preparations and retail drugs and preparations,
and for listed sellers of poisons to retail certain preparations

24. (1) An authorized seller of poisons is hereby authorized-

(a)in the ordinary course of his retail business to manufacture at any premises
registered by him under the Pharmacy and Poisons Ordinance (Cap. 138)
any preparation;





(b)subject to the provisions of this Ordinance, to carry on at any such
premises the business of retailing, dispensing and compounding any
dangerous drug;

(c)to supply any dangerous drug otherwise than by way of wholesale
dealing; and

(d)to supply any dangerous drug by way of wholesale dealing to any person
licensed or authorized under this Ordinance to be in possession of that
dangerous drug.

(2) A person who is a listed seller of poisons under the Pharmacy and Poisons
Ordinance is hereby authorized to carry on, at the premises at which he is entitled to
conduct the retail sale of poisons under that Ordinance, the retail sale of any
preparation specified in Part IV of the First Schedule. (Replaced, 46 of 1971, s. 4)

(3) Nothing in subsection (1) shall authorize the sale by retail of poisons by a
person who is not qualified in that behalf under, or such sale otherwise than in
accordance with, the Pharmacy and Poisons Ordinance or be in derogation of the
provisions of that Ordinance prohibiting, restricting or regulating the sale of
poisons.

(4) Nothing in subsection (1) shall authorize an authorized seller of poisons to
be in possession of any dangerous drug except on premises registered by him
under the Pharmacy and Poisons Ordinance.

(5) Every dangerous drug, other than a preparation specified in Part II of the
First Schedule, in the actual custody of a person authorized by this section to be in
possession thereof shall be kept in a locked receptacle which can be opened only by
him or by some assistant of his who is a registered pharmacist and is not a person
whose authority has been withdrawn under section 33.

[cf. U.K. S.I. 196411811, reg. 121

Statutory authority to possess dangerous drug supplied by
registered medical practitioner, etc., or on prescription or by
authorized seller of poisons

25. (1) A person to whom-

(a)a dangerous drug is lawfully supplied by a registered medical practitioner
or an approved veterinary surgeon;

(b)a dangerous drug is lawfully supplied on a prescription lawfully given by
a registered medical practitioner or a registered dentist or an approved
Veterinary surgeon;

(c)a dangerous drug specified in Part 111 of the First Schedule is lawfully
supplied by an authorized seller of poisons; or

(d)a preparation specified in Part IV of the First Schedule is lawfully supplied
by a person referred to in section 24(2),

is hereby authorized to be in possession of the dangerous drug or preparation so
supplied.





(2) Notwithstanding the provisions of subsection (1), a person supplied with a
dangerous drug by, or on a prescription given by, a registered medical practitioner
shall be deemed not to be authorized by that subsection to be in possession of the
dangerous drug if

(a)he was being supplied with a dangerous drug by, or on a prescription
given by, another registered medical practitioner in the course of
treatment, and did not disclose the fact to the first-mentioned registered
medical practitioner before the supply by him or on his prescription; or

(b)he or any other person on his behalf made a declaration or statement for
the purpose of obtaining the supply or prescription, and the declaration or
statement was false in any particular.

[cf. U.K. S.I. 196411811, reg. 9(2)

Statutory authority to ingest or inject dangerous drug

26. (1) A person who-

(a) ingests or injects into himself a dangerous drug-

(i) on the direction of a registered medical practitioner, for the purposes
of medical treatment; or

(ii) on the direction of a registered dentist, for the purposes of dental
treatment;

(b)ingests a dangerous drug specified in Part 111 of the First Schedule which
was lawfully supplied by an authorized seller of poisons; or

(c)ingests a preparation specified in Part IV of the First Schedule which was
lawfully supplied by a person referred to in section 24(2),

shall not thereby contravene this Ordinance.

(2) A registered medical practitioner or registered dentist who injects a
dangerous drug into another person for the purposes of medical or dental treatment
shall not thereby contravene this Ordinance.

(3) A person who injects a dangerous drug into another person-

(a)for the purposes of medical treatment, on the direction of a registered
medical practitioner; or

(b)for the purposes of dental treatment, on the direction and in the presence
of a registered dentist,

shall not thereby contravene this Ordinance.

Statutory authority to possess equipment and apparatus for
injection of dangerous drugs

27. (1) The following persons are hereby authorized to have in their possession
equipment or apparatus fit and intended for the injection of a dangerous drug, so far
as may be necessary for the purposes of the practice or exercise of their profession,
function or employment, that is to say

(a) any registered medical practitioner;





(b) any registered dentist; and

(c)any person employed or engaged in a prescribed hospital or in a health
centre or clinic maintained by the Crown.

(2) A person is hereby authorized to have in his possession equipment or
apparatus fit and intended for the injection of a dangerous drug if the same is for
use for the injection into himself of a dangerous drug on the direction of a
registered medical practitioner for the purposes of medical treatment.

Statutory authority of masters of ships to possess, supply
and procure dangerous drugs

28.(1) (a) The master of a ship which does not carry on board as part of her
complement a registered medical practitioner, is hereby authorized

(i) so far as may be necessary for the purpose of compliance with the
Merchant Shipping Acts or the Merchant Shipping Ordinance (Cap. 28 1),
as the case may be, to be in possession of dangerous drugs; and

(ii) subject to any conditions and instructions which may be applicable
thereto, to supply those dangerous drugs to members of the crew.

(b)Where a dangerous drug is supplied to a member of the crew of a ship

(i) an entry in the official log book; or

(ii) in the case of a ship which is not required under the Merchant
Shipping Acts or by virtue of the Merchant Shipping Ordinance to carry
an official log book, a report signed by the master of the ship,

shall notwithstanding anything in this Ordinance be a sufficient record of
the supply, if the entry or report specifies the dangerous drug supplied
and, in the case of such a report, it is delivered as soon as practicable to
the superintendent of a mercantile marine office.

(c)Every dangerous drug in the possession of the master of a ship by virtue
of this section shall, except where the necessity of supplying it to a
member of the crew otherwise requires, be kept in a locked receptacle,
which can be opened only by the master or by an officer authorized by the
master.

(d) In this section-

'mercantile marine office' means a mercantile marine office established
and maintained under the Merchant Shipping Acts or the mercantile
marine office appointed under the Merchant Shipping Ordinance;

'official log book means the official log book required to be kept under
the Merchant Shipping Acts or by virtue of the Merchant Shipping
Ordinance.





(2)(a) The master of a foreign ship which is in Hong Kong is hereby
authorized to procure such quantity of dangerous drugs as may be
certified by a public officer appointed for the purposes of this subsection
by the Director to be necessary for the equipment of the ship until it
reaches its home port.

(b)A person who supplies a dangerous drug in accordance with a certificate
given under paragraph (a) shall retain the certificate and mark it with the
date on which the dangerous drug was supplied and keep it on his
premises so as to be at all times available for inspection.

(3) Any person who contravenes subsection (1)(c) or (2)(b) shall be guilty of
an offence and shall be liable on conviction to a fine of $5,000.

[cf. U.K. S.I. 196411811, reg. 13(1) and (2)]

Further statutory authorization of persons authorized or
licensed to manufacture or supply dangerous drug

29. For the purposes of this Ordinance, but subject in each case to the
provisions of this Ordinance and to any condition to which a licence issued
thereunder is subject

(a)a person authorized by or licensed under this Ordinance to manufacture a
dangerous drug is hereby authorized to supply that drug; and

(b)a person authorized by or licensed under this Ordinance to supply a
dangerous drug is hereby authorized to have that drug in his possession
and to procure that drug.

[cf. U.K. S.I. 196411811, reg. 291

Supply of dangerous drugs to hospitals, etc.

30. (1) A dangerous drug shall not be supplied for use in a prescribed hospital
or in a health centre or clinic maintained by the Crown except on the written order of
the registered pharmacist in charge of the dispensary attached to the hospital,
health centre or clinic or of the medical officer in charge of the hospital, health
centre or clinic.

(2) Any person who contravenes subsection (1) shall be guilty of an offence
and shall be liable on conviction to a fine of $10,000 and to imprisonment for 12
months.

Supply of dangerous drug on prescription

31. (1) A person shall not supply a dangerous drug on a prescription-

(a)unless the prescription complies with the provisions of this Ordinance
relating to prescriptions;

(b)unless he is either acquainted with the signature of the person by whom it
purports to be given and has no reason to suppose that it is not genuine
or has taken reasonable steps to satisfy himself that it is genuine;

(c) before the date specified in the prescription.





(2) If a prescription prescribing a dangerous drug expressly states that it may,
subject to the lapse of an interval or intervals specified in the prescription, be
dispensed a second or third time, the drug thereby prescribed may, as the case may
be, be supplied a second or third time after the specified interval or intervals but no
more, but save as aforesaid a prescription shall not for the purposes of this
Ordinance be taken as enabling the dangerous drug to be supplied more than once.

(3) A person dispensing a prescription prescribing a dangerous drug shall

(a)at the time of dispensing the prescription, mark thereon the date on which
it is dispensed and, in the case of a prescription which may be dispensed a
second or third time, the date of each occasion on which it is dispensed;
and

(b)retain and keep the prescription on the premises where it is dispensed and
so as to be at all times available for inspection.

(4) Any person who contravenes subsection (1) or (3) shall be guilty of an
offence and shall be liable on conviction to a fine of $10,000.

[cf. U.K. S.I. 196411811, reg. 15]

Supply of dangerous drugs to persons on behalf of another,
otherwise than on prescription

32. (1) Where a dangerous drug, other than a dangerous drug specified in Part
Ill of the First Schedule, is to be lawfully supplied to any person (hereinafter referred
to as 'the recipient') otherwise than by, or on a prescription lawfully given by, a
registered medical practitioner, the person supplying the dangerous drug
(hereinafter referred to as 'the supplier') shall not deliver it to a person who
purports to be sent by or on behalf of the recipient unless that person either

(a)is authorized by or licensed under this Ordinance to be in possession of
that dangerous drug; or

(b)produces to the supplier a statement in writing signed by the recipient to
the effect that he is empowered by the recipient to receive that dangerous
drug on behalf of the recipient, and the supplier is reasonably satisfied
that the document is a genuine document.

(2) A person to whom a dangerous drug is lawfully delivered in the
circumstances mentioned in subsection (1) shall be deemed to be a person
authorized to be in possession thereof, but for such period only as in the
circumstances of the case is reasonably sufficient to enable delivery to the recipient
to be effected.

(3) Any person who contravenes subsection (1) shall be guilty of an offence
and shall be liable on conviction to a fine of $10,000.

[cf. U.K. S.I. 196411811, reg. 21]

Withdrawal of authority conferred by section 22

33. (1) Whenever the Director is of opinion that it is in the public interest to do
so, he may by order





(a)withdraw absolutely from any person the authorization conferred by
section 22; or

(b)withdraw from any person the authorization conferred by section 22
and suspend such withdrawal subject to such conditions as he thinks
fit.
(2) The withdrawal under subsection (1) of the authorization conferred
on any person by section 22 may extend to all dangerous drugs or to such
dangerous drugs or class of dangerous drugs as the Director may specify and
may be permanent or for such period as the Director may specify.

(3) Any person aggrieved by an order under subsection (1) may, within 14
days after the delivery to him of a copy of the order, appeal by way of petition to
the Governor.

(4) An order under subsection (1) shall take effect on publication in the
Gazette, and no such order shall be published in the Gazette-
(a)until the expiry of a period of 14 days after a copy thereof, and a
statement in writing of the grounds on which the order was made and
that the same is to be published in the Gazette, have been delivered to
the person in respect of whom it was made; or

(b)where there is an appeal under subsection (3), unless the order is
confirmed by the Governor or the appeal is abandoned.

(5) Where on an appeal under subsection (3) the order under subsection
(1) is varied or some other decision substituted therefor or some other order
made, notice thereof shall be published in the Gazette, and the decision of the
Governor on the appeal shall not take effect until such notice is so published.

(6)(a) Where the authorization conferred on any person by section 22
has been withdrawn absolutely, the Director may, upon application,
by order-
(i) restore the authorization; or
(ii) suspend the withdrawal subject to such conditions as he thinks
fit.

(b)Where the authorization conferred on any person by section 22 has
been withdrawn and the withdrawal suspended, the Director may,
upon application, by order restore the authorization.

(e)Where the authorization conferred by section 22 has been withdrawn
permanently or for a specified period exceeding one year, no applica-
tion may be made under this subsection within 6 months after the
withdrawal took effect.

(7) Any person aggrieved by a refusal of the Director to make an order
under subsection (6) may appeal by way of petition to the Governor.
(8) Notice of an order under subsection (6), and of a decision of the
Governor on an appeal under subsection (7) restoring to any person the
authorization conferred by section 22 or suspending the withdrawal of such an
authorization, shall be published in the Gazette.
(9) On an appeal under subsection (3) or (7), the Governor may confirm,
vary or reverse the decision or substitute therefor such other decision or make
such other order as he thinks fit.





Power to prohibit prescribing of dangerous drug

34. Where the authorization conferred by section 22 is withdrawn under
section 33 from a registered medical practitioner, a registered dentist or an approved
veterinary surgeon, the Director may, by notice in the Gazette, direct that it shall not
be lawful for that person to give prescriptions prescribing a dangerous drug.

[cf. U.K. S.I. 196411811, reg. 111

PART V

DIVANS, EQUIPMENT FOR SMOKING, INJECTING,
ETC.
DANGEROUS DRUG, AND PREMISES USED FOR
UNLAWFUL TRAFFICKING IN OR MANUFACTURE
OF DANGEROUS DRUG

Divan keeping

35. (1) No person shall open, keep, manage or assist in the management of a
divan where

(a)a dangerous drug is sold in the divan to be smoked, inhaled, ingested or
injected therein;

(b)a price or its equivalent is charged for the smoking inhalation, ingestion
or injection of a dangerous drug therein; or

(c)any benefit or advantage whatever, direct or indirect, is derived by such
person in consequence of the smoking, inhalation, ingestion or injection
of a dangerous drug therein.

(2) Any person who contravenes any of the provisions of subsection (1) shall
be guilty of an offence and shall be liable
(a)on conviction on indictment, to a fine of $5,000,000 and to imprisonment
for 15 years; and

(b)on summary conviction, to a fine of $500,000 and to imprisonment for 3
years. (Amended, 43 of 1974, s. 5)

Possession of pipes, equipment, etc.

36. (1) Save under and in accordance with this Ordinance, no person shall have
in his possession any pipe, equipment or apparatus fit and intended for the
smoking, inhalation, ingestion or injection of a dangerous drug.

(2) Any person who contravenes any of the provisions of subsection (1) shall
be guilty of an offence and shall be liable on conviction to a fine of 10,000 and,
subject to section 54A, to imprisonment for 3 years. (Amended, 67 of 1979,s.3)

Responsibility of owners, tenants, etc.

37. (1) No person shall-





(a)being the owner, tenant, occupier or person in charge of any place or
premises, permit or suffer such place or premises or any part thereof to
be opened, kept or used as a divan or for unlawful trafficking in or the
unlawful manufacturing or storage of a dangerous drug; or

(b)let or agree to let, whether as principal or agent, any place or premises
with the knowledge that such place or premises or any part thereof
is to be opened, kept or used as a divan or for unlawful trafficking
in or the unlawful manufacturing or storage of a dangerous drug.
(Amended, 46 of 1971, s. 5)

(2) Any person who contravenes any of the provisions of subsection (1)
shall be guilty of an offence and shall be liable-

(a)on conviction on indictment, to a fine of $5,000,000 and to imprison-
ment for 15 years; and

(b)on summary conviction, to a fine of $500,000 and to imprisonment for
3 years. (Amended, 43 of 1974, s. 6)

Premises used for unlawful trafficking in or manufacturing,
etc. dangerous drug

38. (1) Where it is proved to the satisfaction of a court that an offence
under section 4, 6, 7, 35 or 37 has been committed in or on or in respect of any
place or premises or any part thereof, the court may order that a notice of the
fact shall be served either personally or by registered post on- (Amended, 46
of 1971, s. 6)

(a) the owner or any tenant of the place or premises or the part thereof, or

(b) if such owner or tenant is absent or under disability, on his agent; or

(c)if such owner or tenant is a company, on the secretary or manager
thereof.

(2) After service of a notice under subsection (1), a court may, on
application-

(a) by the person on whom the notice was served; or

(b) in the case of a company, by or on behalf of the company,

make an order (which shall be recognized and given effect to in any proceeding
in any court) determining any tenancy of such place or premises or of any part
of the place or premises as from the date of such order, and thereupon such
tenancy shall cease and determine for all purposes and any tenant under the
tenancy so determined and any occupier of such place or premises or such part
thereof may thereafter be treated as a trespasser.

(3)(a) An order under subsection (2) shall be sufficient authority to any
police officer to enter (by force if necessary) into the place or premises
specified in the order and-
(i) evict therefrom any person who may under subsection (2) be
treated as a trespasser; and
(ii) remove therefrom anything belonging to or in the possession of
any such person.





(b)The powers given by this subsection shall be in addition to and not in
derogation of any powers conferred by or under any other law.

(4) If, within 12 months after service of a notice under subsection (1), an
offence under section 4, 6, 7 or 35 is proved to have been committed by the same or
any other person in or on or in respect of such place or premises or such part
thereof, the person on whom the notice was served, or the company where the
notice was served on the secretary or manager thereof, shall be guilty of an offence
and shall be liable on conviction to a fine of 5500,000 unless such person or
company proves that he or it neither knew nor had reasonable means of knowing
that such offence had been committed. (Amended, 43 of 1974, s. 7)

(5) A document purporting to be a copy of the records or part of the records of
the Land Office and purporting to be certified by or on behalf of the Land Officer
shall be admitted in evidence in any proceedings under this section on its
production by the prosecution without further proof, and

(a) until the contrary is proved, it shall be presumed-

(i) that the document is a true copy of the records or part of the records
of the Land Office; and

(ii) that the document is certified by or on behalf of the Land Officer;
and

(b)such document shall be prima facie evidence of all matters contained
therein.

(6) In this section, 'tenant' includes any sub-tenant and 'tenancy' includes
any sub-tenancy.

PART VA

SEIZURE, DETENTION AND FORFEITURE OF
SHIPS

Interpretation

38A. In this Part

'excessive quantity' means a quantity of a dangerous drug specified in the second
column of the Fifth Schedule, including the quantity of any other substance
contained with the dangerous drug in a preparation, mixture, extract or other
material, being not less than the quantity specified in the third column of the
Fifth Schedule;

'master' in relation to a ship means the person (except a pilot within the meaning of
the Pilotage Ordinance (Cap. 84)) having for the time being command or charge
of the ship; and

,,owner' in relation to a ship means

(a)the person registered or licensed as the owner of the ship or, in the
absence of registration or licensing, the person owning the ship; and

(b) a demise charterer of the ship.





Commissioner of Customs and Excise may seize and
detain ship

38B. Where the Commissioner of Customs and Excise has reasonable cause to
suspect- (Amended, 40 of 1985, s. 9)

(a)that an excessive quantity of dangerous drugs has been found on a ship
exceeding 250 gross tons; and

(b)that an excessive quantity of dangerous drugs was found on that ship
within 18 months prior to the finding specified in paragraph (a),

he may, with the written consent of the Attorney General, seize and detain the ship
for 48 hours.

Magistrate may order arrest and detention of ship

38C. (1) Whenever, on an application made by the Commissioner of Customs
and Excise with the written consent of the Attorney General, it appears to a
magistrate that there is reasonable cause to suspect- (Amended, 40 of 1985, s.
9)

(a)that an excessive quantity of dangerous drugs has been found on a ship
exceeding 250 gross tons; and

(b)that an excessive quantity of dangerous drugs was found on that ship
within 18 months prior to the finding specified in paragraph (a),

he shall order-

(i)in a case where the ship has already been seized and detained under
section 38B, that it continue to be detained; and

(ii) in any other case, that it be arrested and detained.

(2) Where an order for detention or arrest and detention is made by a
magistrate under subsection (1), he shall further order that the proceedings be
transferred to the High Court.

Registrar to order summons to be served on ship

38D. (1) On proceedings being transferred to the High Court under section
38C(2), the Registrar of the Supreme Court shall order that a summons be served on
the ship containing details of the time and place at which the High Court will hear an
application by the Commissioner of Customs and Excise for an order for the payment
of a financial penalty under section 38F. (Amended, 40 of 1985, s. 9)

(2) A summons ordered to be served under subsection (1) shall be served on
the ship by affixing it to the mast or other prominent part of the ship.

Bail

38E. (1) At any time after an order has been made under section 38C(1) for the
detention or arrest and detention of a ship and before the application of the
Commissioner of Customs and Excise is determined under section 38F(1), a judge
may, on application made by the owner or master and served on the Attorney
General and on being satisfied that the requirements of subsections (2) and (3) have
been complied with, admit the ship to bail and order its

release.(Amended, 40 of 1985, s. 9)





(2) Bail on behalf of a ship under subsection (1) shall be in an amount not less
than $5,000,000 and may be

(a) a sum of money deposited with the High Court; or

(b) subject to subsection (3), a bond.

(3) Where bail on behalf of a ship is a bond, the bond shall be-

(a) in such form as the High Court may determine;

(b)entered into by a surety or sureties acceptable to the Attorney General;
and

(c)supported by an affidavit by each surety stating that he is able to pay the
sum for which the bond is given.

Imposition of penalties in respect of ships carrying excessive
quantities of drugs and consequential proceedings

38F. (1) Where, on an application being made by the Commissioner of Customs
and Excise and where a summons has been served under section 38D(2), the High
Court is satisfied beyond reasonable doubt- (Amended, 40 of 1985, s. 9)

(a)that an excessive quantity of dangerous drugs has been found on a ship
exceeding 250 gross tons; and

(b)that an excessive quantity of dangerous drugs was found on that ship
within 18 months prior to the finding specified in paragraph (a),

it may order the owner to pay a financial penalty not exceeding $5,000,000.

(2) Where a ship has been admitted to bail under section 38E, the High Court
may order that any financial penalty imposed under subsection (1) be recovered by
estreatment of the bail or such part thereof as may be necessary and the payment
thereof to the Crown.

(3) Where a ship has not been admitted to bail under section 38E, the High
Court may order that the ship continue to be detained until any financial penalty
imposed under subsection (1) is paid or arrangements satisfactory to the High
Court are made for the payment thereof.

(4) Where a ship has not been admitted to bail under section 38E and any
financial penalty imposed under subsection (1) has not been paid and no
satisfactory arrangements for the payment thereof have been made, the High Court
may order that the ship be forfeited to the Crown.

(5) The High Court may impose a financial penalty under subsection (1)
whether or not

(a)the first of the occasions was before the coming into operation of this
Part; or

(b)any person is convicted of an offence in respect of the excessive quantity
of a dangerous drug; or

(c) the master or owner knew of the carriage.





(6) The High Court shall not impose a financial penalty under subsection (1)
where it is proved, in respect of the second of the occasions, that the master and
the owner for the time being had each taken all reasonable and practicable steps to
prevent the ship from being used to carry a dangerous drug.

Certificate as to finding of dangerous drugs etc.

38G. A certificate purporting to be signed by the Commissioner of Customs
and Excise and certifying

(a) the finding of a dangerous drug on any ship;

(b) the date of the finding;

(c) the amount and type of the drug;

(d) the name or other details of identification of the ship; or

(e) any of the above,

shall be admissible in evidence in any proceedings under this Part before any court
on its production without further proof and, until the contrary is proved, the court
shall presume

(i)that the document is signed by the Commissioner of Customs and Excise;
and

(ii) that the facts certified therein are true.

(Amended, 40 of 1985, s. 9)

Right of appeal

38H. (1) Where an order has been made under section 38F, the owner of the
ship in respect of which the order was made may appeal to the Court of Appeal
within 21 days of the making of the order.

(2) The appeal may be-

(a) on any ground which involves a question of law alone; and

(b)with the leave of the Court of Appeal, on any ground which involves a
question of fact alone, or a question of mixed law and fact, or on any other
ground which appears to the Court of Appeal to be a sufficient ground of
appeal,

but if the judge who made the order under section 38F grants a certificate that the
case is fit for appeal on a ground which involves a question of fact, or a question of
mixed law and fact, an appeal lies under this section without the leave of the Court
of Appeal.

Grounds for allowing appeal

381. The Court of Appeal shall allow an appeal against an order made under
section 38F if it thinks that the order should be set aside on the ground of a wrong
decision on any question of law or of fact or of mixed law and fact: (Amended, L.N.
345182)





Provided that the Court of Appeal may, notwithstanding that it is of opinion
that the point raised in the appeal might be decided in favour of the appellant,
dismiss the appeal if it considers that no miscarriage of justice has actually occurred.

Procedure on appeal

38J. Subject to sections 38H and 381, the procedure on an appeal shall with all
necessary modifications be that applicable to an appeal against conviction for an
offence on indictment under section 82 of the Criminal Procedure Ordinance (Cap.
221), and an appeal against sentence under section 83G of the Criminal Procedure
Ordinance.

Amendment of Fifth Schedule

38K. (1) The Governor in Council may by order amend the Fifth Schedule.

(2) Any question as to what constitutes an excessive quantity of dangerous
drugs shall be determined by reference to the quantity specified in the Fifth
Schedule at the time of the finding and, in the case of a finding before the date on
which this Part came into operation, to the quantity so specified on that date. (PART
VA added, 48 of 1982, s. 2; effective from 15.1.83)

PART VI

CONSPIRACY TO COMMIT OFFENCE UNDER
ORDINANCE,
FALSE STATEMENTS, AIDING, ETC. OFFENCE UNDER
CORRESPONDING LAW, JOINT TRIAL IN CERTAIN
CASES AND CONVICTION OF OTHER OFFENCES

Conspiracy

39. Any person convicted of conspiracy to commit an offence under this
Ordinance shall be liable to the penalty prescribed for that offence and any special
rules of evidence which apply with respect to the proof of that offence under this
Ordinance shall apply in like manner to the proof of conspiracy to commit such
offence.

False statements, and aiding, abetting, etc. offence under
corresponding law

40. (1) Any person who-

(a)for the purpose of obtaining, whether for himself or for any other person,
the issue or renewal of a licence or certificate under this Ordinance, makes
any declaration or statement which is false in a material particular;

(b)knowingly utters, produces or makes use of any such declaration or
statement or a document containing any such declaration or statement; or





(c)aids, abets, counsels or procures the commission in a place outside
Hong Kong of an offence punishable under a corresponding law in
force in that place, or does an act preparatory to, or in furtherance of,
an act which if committed in Hong Kong would constitute an offence
under section 4 or 6,

shall be guilty of an offence.

(2) Any person who is guilty of an offence under subsection (1)(a) or (b)
shall be liable on conviction to a fine of $10,000 and to imprisonment for
3 years.

(3) Any person who is guilty of an offence under subsection (1)(c) shall be
liable-

(a)on conviction on indictment, to a fine of $100,000 and to imprison-
ment for 15 years; and
(b)on summary conviction, to a fine of $10,000 and to imprisonment for
3 years.
[cf. U.K. 1965 c. 15, s. 13]

Joint trial of offences in certain cases

41. Notwithstanding anything in the Magistrates Ordinance (Cap. 227) or
any other law, where it is alleged that 2 or more persons have committed distinct
offences under section 4, 8, 35 or 36 in the same place and at about the same
time, the charges for such offence against such persons may be tried together.

Conviction of offence other than that charged

42. (1) If on the trial of a charge for an offence specified in the second
column of the Third Schedule the defendant is acquitted, but it is proved that
the defendant is guilty of any offence specified opposite thereto in the third
column of that Schedule or of being a party to any such offence, he shall be
convicted of such offence or of being a party to any such offence and shall be
liable to be punished accordingly.

(2) The references in the Third Schedule to numbered sections and
subsections shall be construed to include every offence under the section or
subsection so numbered in this Ordinance.

(3) Nothing in this section shall exclude the application to any offence of
any other law authorizing a person to be found guilty of an offence other than
that with which he is charged.

PART VII

EVIDENCE

Certificate of corresponding law

43. A document purporting to be issued by or on behalf of the govern-
ment of a country and purporting to state the terms of a corresponding law in
force in that country shall be admitted in evidence, in proceedings for an offence
under this Ordinance before any court, on its production by the prosecution
without further proof, and such document shall be conclusive evidence-





(a) that it is issued by or on behalf of the government of that country;

(b) that the terms of such law are as stated in the document; and

(c)that any facts stated in the document to constitute an offence under such
law do constitute such offence.

44. [Repeated, 31 of 1969, s. 71

Presumption concerning manufacture of dangerous drug

45. (1) Where it is proved that a person was found in, or escaping from, any
premises, or the part of any premises, in which

(a) a dangerous drug was being manufactured; or

(b)equipment or material which is referable to the manufacture of a
dangerous drug was found,

such person shall, until the contrary is proved, be presumed to have been
manufacturing or doing an act preparatory to the manufacture of the dangerous
drug.

(2) Any person who is proved or presumed to have been manufacturing or
doing an act preparatory to the manufacture of a dangerous drug shall, until the
contrary is proved, be presumed to have known the nature of such drug. (Added, 7
of 1984, s. 4)

Presumption concerning possession of dangerous drug
for purpose of trafficking therein

46. Any person who is proved or presumed to have had in his possession
more than

(a) 10 containers of opium;

(b) 1 mace (3.78 grams) of opium (other than opium water);

(c)5 packets containing any of the following substances either alone or
contained in a preparation, mixture, extract or other material

(i) morphine or a salt of morphine (except when present to the extent of
less than one-fifth of one per cent);

(ii) diacetylmorphine;

(iii) a salt of diacetylmorphine;

(iv) an ester of morphine;

(v) a salt of an ester of morphine;

(d)one half gram of any of the following substances, either alone or
contained in a preparation, mixture, extract or other material

(i) morphine;

(ii) diacetylmorphine;

(iii) a salt of morphine or diacetylmorphine;

(iv) an ester of morphine;

(v) a salt of an ester of morphine;





(e)two and one half grams of a preparation, mixture, extract or other material
containing not less than one-fifth of one per cent of morphine or a salt of
morphine or any proportion of diacetylmorphine or an ester of morphine or
a salt of an ester of morphine;

5 grams of barbitone or a salt of barbitone or of a preparation, mixture,
extract or other material containing any proportion of barbitone or a salt of
barbitone; (Amended, 24 of 1987, s. 2)

(g) 5 grams of cannabis; (Amended, 46 of 1978, s. 5)

(ga) one half gram of tetrahydrocannabinol either alone or contained in a
preparation, mixture, extract or other material; (Added, 46 of 1978, s.5)

(h)10 tablets or capsules containing any proportion of any dangerous drug;

(i)5 grams of cocaine or a salt of cocaine or of a preparation, mixture, extract
or other material containing any proportion of cocaine or a salt of cocaine;
(Added, 24 of 1987, s. 2)

(j) 0.2 gram of-

(i) alpha-methylphenethylamine;

(ii) its optical isomers;

(iii) any synthetic compound structurally derived from any of those
substances by substitution at the nitrogen atom;

(iv) any salt of any substance falling within this paragraph; or

(v) any preparation, mixture, extract or other substance containing any
proportion of a substance specified in this paragraph; (Added, 24 of 1987,
s. 2)

(k)two and one half grams of methaqualone or its derivatives, or of a
preparation, mixture, extract or other material containing any proportion of
methaqualone or its derivatives; (Added, 24 of 1987, s. 2)

(1)2 grams of quinalbarbitone or a salt of quinalbarbitone or of a preparation,
mixture, extract or other material containing any proportion of
quinalbarbitone or a salt of quinalbarbitone, (Added, 24 of 1987, s. 2)

shall, until the contrary is proved, be presumed to have had such dangerous drug in
his possession for the purposes of trafficking therein.

(Replaced, 46 of 1971, s. 7)

Presumption of possession and knowledge of dangerous drug

47. (1) Any person who is proved to have had in his possession or custody or
under his control

(a) anything whatsoever containing a dangerous drug;

(b) the keys of anything whatsoever containing a dangerous drug;

(c)any place or premises or the part of any place or premises in which a
dangerous drug is found;

(d)the keys of any place or premises or part of any place or premises in which
a dangerous drug is found,

shall, until the contrary is proved, be presumed to have had such drug in his
possession.











(2) Any person who is proved to have had in his possession or under his
control or subject to his order

(a)a document of title to goods as defined in section 2 of the Sale of Goods
Ordinance (Cap. 26); or

(b)any of the following documents, whether or not they are documents of title
to goods as defined in section 2 of the Sale of Goods Ordinance, namely, a
dock warrant, a godown warrant or receipt, a warehouse keeper's certificate,
warrant or order for the delivery of goods or a baggage receipt or a
document or thing intended to serve the purpose of a baggage receipt,

relating to any thing containing a dangerous drug shall, until the contrary is proved,
be presumed to have had such drug in his possession.

(3) Any person who is proved or presumed to have had a dangerous drug in
his possession shall, until the contrary is proved, be presumed to have known the
nature of such drug.

(4) The presumptions provided for in this section shall not be rebutted by
proof that the defendant never had physical possession of the dangerous drug.

(Replaced, 46 of 1971, s. 8)

Presumption concerning divans

48. (1) Whenever a pipe, or an article of equipment or apparatus, fit for the
smoking, inhalation, ingestion or injection of a dangerous drug is found in any
place or premises, it shall be presumed, until the contrary is proved, that such place
or premises is a divan. (Amended, 46 of 1971, s. 9)

(2) Any person found in or escaping from a divan shall, until the contrary is
proved, be presumed

(a)to have been smoking, inhaling, ingesting or injecting a dangerous drug
therein; and

(b) to have known the nature of such drug. (Replaced, 24 of 1987, s. 3)

49. [Repealed, 5 of 1971, s. 13]

PART VIIA

CONFIDENTIALITY OF RECORDS

Interpretation

49A. In this Part, unless the context otherwise requires

'Commissioner' means the Commissioner for Narcotics;

'confidential information' means information which is recorded by the Registry or a
reporting agency in respect of any person and which relates to any one or
more of the following

(a) the use, or alleged use, by that person of a dangerous drug;

(b) the conviction of that person for an offence under this Ordinance;





(c)the care, treatment or rehabilitation of that person by reason of his use of
a dangerous drug;

'drug abuser' means a person who is the subject of any confidential information;

,,employee'

(a) in relation to the Registry, means any public officer employed in-

(i) the Narcotics Division of the Security Branch of the Government; or

(ii) the Government Data Processing Agency of the Administrative
Services and Information Branch of the Government; and

(b)in relation to a reporting agency, means any person employed in the
agency, whether full-time or part-time and whether paid or unpaid, in

(i) the care, treatment or rehabilitation of persons who use, or have
used, dangerous drugs;

(ii) the preparation, maintenance or analysis of records of confidential
information,

and also means any person who is being trained by the agency in any
such matter;

'Registry' means the Central Registry of Drug Abuse referred to in section 4913;

'reporting agency' means any body or organization specified in the Fourth
Schedule;

'reporting agency director'

01

(a) in relation to the P Medical and 1 Health Health Department of the G Government means the
Director of Medical 4 and Health Services and any person to r

whom he has delegated the supervision of any records of confidential
information which are kept by that Department;

(b)in relation to the Social Welfare Department of the Government, means the
Director of Social Welfare and any person to whom he has delegated the
supervision of any records of confidential information which are kept by
that Department; and

(c)in relation to any other reporting agency, means the person who is for the
time being in charge of the administration of that agency and any person
to whom he has delegated the supervision of any records of confidential
information which are kept by that agency.

Central Registry of Drug Abuse

49B. (1) There shall be a Central Registry of Drug Abuse, the purposes of
which shall include

(a)the collection, collating and analysis of confidential information supplied
by reporting agencies and of information on drug abuse and its treatment
supplied by other sources; and





(b)the publication of statistical information on drug abuse and on various
forms of treatment of drug abuse.

(2) The Central Registry of Drug Addicts existing at the commencement of the
Dangerous Drugs (Amendment) Ordinance 1981 (65 of 1981) and maintained by the
Narcotics Division of the Security Branch of the Government shall be the Central
Registry of Drug Abuse for the purposes of subsection (1).

Immunity of records from search and from production in
court

49C. (1) No search warrant shall be issued, or if issued be executed, in respect
of any record of confidential information which is kept by the Registry or by a
reporting agency.

(2) Save as provided in this Part, no power, or right, of search conferred by any
law shall authorize the search of records of confidential information which are kept
by the Registry or by a reporting agency.

(3) No process shall lie in any proceedings to compel production of any record
of confidential information which is kept by the Registry or by a reporting agency,
and no such record, nor any information obtained therefrom, shall be admissible in
evidence, save

(a) in proceedings for an offence under this Part; or

(b)where the record is the subject of an order of the Attorney General which
is in force under section 49G,

but nothing in this subsection shall render admissible anything which is otherwise
inadmissible.

Prohibition against disclosure of records

49D. (1) Subject to subsection (2), any person who

(a)discloses any record of confidential information which is kept by the
Registry or a reporting agency, or supplies to any person information
obtained from any such record; or

(b) permits access to any such record,

commits an offence and is liable to a fine of $5,000 and to imprisonment for 6
months.

(2) Subsection (1) shall not apply where the disclosure is made, or access is
permitted

(a) in accordance with an authorization given under section 49E;

(b) in accordance with an authorization given under section 49F:

(c)in accordance with an order of the Attorney General made under section
49G;

(d)to the Commissioner or a reporting agency director, or to an employee of
the Registry or of a reporting agency, for the purpose of treating a drug
abuser for his drug addiction or of assisting him in his rehabilitation;





(e)to a medical practitioner for the purpose of providing medical treatment
for any person, or to a coroner or a medical practitioner for the purpose of
inquiring into the cause of death of a drug abuser;

in proceedings for an offence under this Part.

Disclosure of information for research purposes

49E. (1) Where the Commissioner is satisfied, upon an application being made
to him in writing, that disclosure of confidential information which is recorded by
the Registry

(a) is sought by the applicant in the interests of bona fide research; and

(b)can be made in a manner that does not disclose the identity of any drug
abuser,

he may if he thinks fit authorize any employee of the Registry to disclose to the
applicant confidential information in that manner.

(2) Where a reporting agency director is satisfied, upon an application being
made to him in writing, that disclosure of confidential information which is recorded
by the reporting agency of which he is director--

(a) is sought by the applicant in the interests of bona fide research; and

(b)can be made in a manner that does not disclose the identity of any drug
abuser,

he may if he thinks fit authorize any employee of the reporting agency to disclose to
the applicant confidential information in that manner.

(3) An authorization issued under subsection (1) or (2)-

(a) shall be in writing;

(b)shall identify the information, or the nature of the information, to which it
applies;

(c)shall state the manner in which the authorized disclosure is to be made so
as to prevent the identity of any drug abuser from being disclosed;

(d) may be revoked at any time.

Access to records with consent of addict

49F. (1) Where a drug abuser gives his consent for confidential information
which concerns him to be disclosed to a person, or for a purpose, specified in such
consent

(a)the Commissioner may, if he thinks fit, authorize such disclosure from the
records of the Registry; and

(b)a reporting agency director may, if he thinks fit, authorize such disclosure
from the records of his reporting agency.

(2) An authorization given under subsection (1) shall be in writing and shall
state

(a)whether the disclosure is to be made from the records of the Registry or
of a reporting agency, and, in the latter case. the name of that agency;





(b) where the disclosure is to be made-
(i) from the Registry, that the authorization is given by the
Commissioner;
(ii) by a reporting agency, the name of the reporting agency
director who gives the authorization;

(e) the name of the person to whom the disclosure is to be made;

(d) the extent of the confidential information which may be disclosed;

(e) the purpose of the disclosure; and

that the authorization may be revoked at any time, and the circum-
stances in which, or date when, it will expire if not revoked.

(3) An authorization given by the Commissioner or any reporting agency
director under subsection (1) may be revoked at any time.

(4) A drug abuser's consent for the purposes of subsection (1) shall be in
writing and-

(a) be given-
(i) in the case of a drug abuser who is unmarried and under the age
of 19 years, both by him and by a parent or other person standing in
loco parentis to him;
(ii) in the case of a drug abuser who is by reason of mental
disability unable to give the consent himself, by a person having lawful
authority over his affairs;

(b)be read over to the person giving consent by or in the presence of the
person who authorizes disclosure under subsection (1); and

(c) bear the signature, fingerprint or mark of the person giving consent.

Access to records by order of Attorney General

49G. (1) Where in connection with the investigation or prosecution of a
crime the Attorney General is of the opinion that, because of the gravity of the
crime or for any other reason, the public interest requires that any confidential
information should be disclosed he may, after considering any representations
which may be made by-

(a) the Commissioner; and

(b)the reporting agency director of the reporting agency (if any) which
supplied the confidential information to the Registry or from whose
records the disclosure is to be made,

make an order in accordance with this section.

(2) The power conferred upon the Attorney General by subsection (1)
shall be exercised by the Attorney General personally.

(3) An order under subsection (1) shall be in writing and may direct-

(a)the Commissioner and any reporting agency director who has been
given the opportunity to make representations to the Attorney
General under subsection (1); and





(b)any employee of the Registry or, as the case may be, of a reporting
agency,

to disclose in such manner, to such person, and at such time and place as the order
specifies, such records as are specified in the order.

(4) An order under subsection (1) shall be served personally on every person
who is directed by it to disclose any record.

(5) Any person who fails without reasonable excuse to comply with an order
under subsection (1) commits an offence and is liable to a fine of $5,000 and to
imprisonment for 6 months.

Consent of Attorney General required for prosecution

49H. No prosecution for an offence under this Part shall be instituted except
with the consent of the Attorney General.

Amendment of Fourth Schedule

491. The Secretary for Security may by order published in the Gazette amend
the Fourth Schedule.

(Part VIIA added, 65 of 1981, s. 2)

PART VIII

MISCELLANEOUS

Amendment of First, Second and Third Schedules

50. The Governor may by order published in the Gazette amend the First,
Second and Third Schedules.

(Replaced, 65 of 1981, s. 3)

Regulations

51. (1) The Governor in Council may make regulations for all or any of the
following matters

(a)the keeping of registers and other records by persons authorized by or
licensed under this Ordinance to manufacture, procure, supply or possess
dangerous drugs, and the furnishing of information by such persons;

(b)the preservation of such registers and records and of other documents
kept, issued or made pursuant to or for the purposes of this Ordinance;

(c) requirements with respect to prescriptions;

(d) the marking of packages and bottles containing dangerous drugs;

(e) the period for which a licence issued under section 18 is valid;

(f) the fees payable on the issue of a licence under section 18;

(g)the form of any document, other than a licence or certificate, required by,
under or for the purposes of this Ordinance.





(2) Regulations made under this section may provide that a contravention of
specified provisions thereof shall be an offence and may provide penalties therefor
not exceeding a fine of $50,000 and imprisonment for 3 years.

Powers of authorized officers

52. (1) For the purposes of this Ordinance, any police officer and any member
of the Customs and Excise Service may

(a)stop, board and search any ship, aircraft, vehicle or train which has
arrived in Hong Kong (not being a ship of war or a military aircraft), and
remain thereon as long as it remains in Hong Kong;

(b)search any person arriving in Hong Kong or about to depart from Hong
Kong;

(c) search any thing imported into or to be exported from Hong Kong;

(d)stop, board and search any ship, aircraft, vehicle or train if he has reason
to suspect that there is therein an article liable to seizure;

(e)enter and search any place or premises if he has reason to suspect that
there is therein an article liable to seizure; or

stop and search any person, and search the property of any person, if

(i) he has reason to suspect that such person has in his actual custody
an article liable to seizure; or

(ii) such person is found in any ship, aircraft, vehicle, train, place or
premises in which an article liable to seizure is found.

(IA) For the purposes of enabling a person to be searched under subsection
(1)(f)(i), a police officer of or above the rank of inspector or a member of the Customs
and Excise Service of or above the rank of inspector may request a registered
medical practitioner or nurse registered or enrolled or deemed to be registered or
enrolled under the Nurses Registration Ordinance (Cap. 164), to examine the body
cavities of that person. (Added, 40 of 1982, s. 3)

(IB) A medical practitioner or nurse requested to examine the body cavities of a
person under subsection (IA) may search the rectum, vagina, ears and any other
body cavity of that person. (Added, 40 of 1982, s. 3)

(1C) A medical practitioner or nurse carrying out an examination of a person at
the request, under subsection (IA), of a police officer or member of the Customs and
Excise Service who appears to be lawfully engaged in the performance of his duty
shall not be bound to inquire whether or not the police officer or member is acting
lawfully or within the scope of his duty. (Added, 40 of 1982, s. 3)

(1D) A police officer or member of the Customs and Excise Service may detain a
person in respect of whom a request is to be or has been made to a medical
practitioner or nurse under subsection (IA) for such time as may reasonably be
necessary to permit a medical practitioner or nurse to complete an examination of the
body cavities of that person under this section. (Added, 40 of 1982, s. 3)





(2) For the purpose of enabling a ship or aircraft to be searched under
subsection (1)--

(a)the Commissioner of Customs and Excise or the Commissioner of
Police may by order in writing under his hand detain a ship for not
more than 12 hours or an aircraft for not more than 6 hours;
and (Amended, 40 of 1985, s. 9)

(b)the Chief Secretary may, by order in writing under his hand, detain a
ship or aircraft for further periods of not more than 12 hours in the
case of a ship or not more than 6 hours in the case of an aircraft.

Any order made under this subsection shall state the times from which and
for which the order is effective.

(3) Any public officer may seize, remove and detain any thing if he has
reason to suspect that such thing is an article liable to seizure.

(4) Any public officer authorized in writing by the Director may uproot,
seize, remove and destroy any plant of the genus cannabis or the opium poppy.

(5) For the purposes of this Ordinance, any public officer authorized in
writing by the Director may-

(a) enter, inspect and search any place or premises occupied by-
(i) a person authorized by virtue of section 22(1)(a), (b) or (c) or by
virtue of section 24(1);
(ii) a person whose authorization as aforesaid has been withdrawn
under section 33 and the withdrawal suspended;
(iii) a person by whom any such person as aforesaid is employed;
or
(iv) a person to whom a licence has been issued under this
Ordinance;

(b)require the production of, and inspect, any register, record, book,
prescription or other document kept or made pursuant to the require-
ments, or for the purposes, of this Ordinance or any other document
relating to dealings in a dangerous drug by or on behalf of any such
person as aforesaid; and

(c)inspect any stocks of a dangerous drug in the possession of any such
person as aforesaid.

(6) For the purposes of this Ordinance, any public officer authorized in
writing by the Director may-

(a)enter, inspect and search a hospital or institution specified in the
Second Schedule or any place or premises occupied for the purposes of
any such hospital or institution;

(b)require the production of, and inspect, any register, record, book,
prescription or other document kept or made in any such hospital or
institution pursuant to the requirements, or for the purposes, of this
Ordinance or any other document relating to dealings in a dangerous
drug for the purposes of such hospital or institution; and

(c)inspect any stocks of a dangerous drug in any such hospital or
institution or in any such place or premises.





(7) An authorization given by the Director under this section may be
given to a police officer, member of the Customs and Excise Service or public
officer by name or may be given to any police officer, member of the Customs
and Excise Service or other public officer for the time being holding such rank
or public office as the Director may specify, and may extend to all the powers
specified in subsection (2), (4) or (5), as the case may be, or to such of those
powers as the Director may specify.

(8) Any public officer may-
(a)break open any outer or inner door of or in any place or premises
which he is empowered by this section to enter and search;

(b)forcibly board any ship, aircraft, vehicle or train which he is
empowered by this section to board and search;

(e)remove by force any person or thing who or which obstructs any
entry, search, inspection, seizure, removal or detention which he is
empowered by this section to make;

(d)detain every person found in any place or premises which he is
empowered by this section to search until the same has been searched;
and

(e)detain every person on board any ship, aircraft, vehicle or train which
he is empowered by this section to search, and prevent any person
from approaching or boarding such ship, aircraft, vehicle or train,
until it has been searched.

(9)(a)(i) An examination of the body cavities of a person under this
section shall, unless that person otherwise consents, be carried out by
a medical practitioner or nurse of the same sex as that person.
(ii) Where a female has consented, under sub-paragraph (i), to an
examination of her body cavities by a medical practitioner or nurse of
the opposite sex, such examination shall be in the presence of another
female.

(b)Subject to paragraph (a), no female shall be searched under this
section except by a female.

(e)No person shall be searched under this section in a public place if he
objects to being so searched. (Replaced, 40 of 1982, s. 3)

(10) In this section-

,,article liable to seizure- means-

(a) any dangerous drug referred to in section 55;

(b) any money or thing liable to forfeiture under this Ordinance;

(c)any thing which is or contains evidence of an offence under this
Ordinance or a corresponding law;

'Commissioner of Customs and Excise' includes a Deputy Commissioner of
Customs and Excise and an Assistant Commissioner of Customs and
Excise; (Added, 40 of 1985, s. 9)

'Commissioner of Police' includes a deputy or assistant commissioner of
police.





Failure to comply with requirement under section 52 and
obstruction of authorized officer

53. Any person who-

(a)fails to comply with a requirement of a public officer under section
52(5)(b) or (6)(b); or

(b)obstructs a public officer in the exercise of any power conferred on him by
section 52,

shall be guilty of an offence and shall be liable on conviction to a fine of $1,000 and
to imprisonment for 6 months.

Surrender of travel document

53A. (1) A magistrate may, on the application of the Commissioner of Police or
the Commissioner of Customs and Excise, by written notice require a person who is
the subject of an investigation in respect of a specified offence alleged or suspected
to have been committed by him to surrender to the Commissioner of Police or
Commissioner of Customs and Excise any travel document in his possession.
(Amended, 40 of 1985, s. 9)

(2) The matter of an application under subsection (1) shall be substantiated by
the oath of the applicant.

(3) A notice under subsection (1) shall be served personally on the person to
whom it is addressed.

(4) A person on whom a notice under subsection (1) is served shall comply
with such notice forthwith.

(5) If a person on whom a notice under subsection (1) has been served fails to
comply with the notice forthwith, he may thereupon be arrested and taken before a
magistrate.

(6) Where a person is taken before a magistrate under subsection (5), the
magistrate shall, unless such person thereupon complies with the notice under
subsection (1) or satisfies the magistrate that he does not possess a travel
document, by warrant commit him to prison there to be safely kept

(a)until the expiry of the period of 28 days from the date of his committal to
prison as aforesaid; or

(b)until such person complies with the notice under subsection (1) and a
magistrate, by order in that behalf, orders and directs the Commissioner of
Correctional Services to discharge such person from prison (which order
shall be sufficient warrant for the Commissioner of Correctional Services
so to do), (Amended, L.N. 30182)

whichever occurs first.

(7) Upon the surrender of a travel document under this section, the
Commissioner of Police or the Commissioner of Customs and Excise, as the case may
be, shall issue a receipt identifying the travel document. (Amended, 40 of 1985, s. 9)





(8) A travel document which is surrendered to the Commissioner of
Police or the Commissioner of Customs and Excise under this section may be
detained for 3 months from the date on which it was surrendered and may be
detained for not more than 2 further periods of 3 months if a magistrate, on
application by the Commissioner of Police or the Commissioner of Customs
and Excise, is satisfied that the investigation could not reasonably have been
completed before the date of such application and authorizes such further
detention. (Amended, 40 of 1985, s. 9)

(9) All proceedings before a magistrate under this section shall be
conducted in chambers.

(10) In this section-

'Commissioner of Customs and Excise' includes a Deputy Commissioner of
Customs and Excise and an Assistant Commissioner of Customs and
Excise; (Added, 40 of 1985, s. 9)

'Commissioner of Police' includes a deputy or assistant commissioner of
police;

'specified offence' means any offence punishable under any section of this
Ordinance, on conviction on indictment, with imprisonment for a term of
15 years or any greater punishment, and aiding, abetting, counselling or
procuring the commission by another of any such offence;

'travel document' means a passport or other document issued for the purpose
of travel which establishes the identity or nationality of the holder.
(Added, 60 of 1977, s. 2)

Application for return of travel document

53B. (1) A person who has surrendered his travel document in accord-
ance with section 53A may at any time make written application to the
Commissioner of Police or the Commissioner of Customs and Excise, as the
case may be, for its return and every such application shall contain a statement
of the grounds on which it is made. (Amended, 40 of 1985, s. 9)

(2) Before determining an application under subsection (1), the Commis-
sioner of Police or the Commissioner of Customs and Excise may require that
any matter of fact relied on in the application shall be substantiated by statutory
declaration. (Amended, 40 of 1985, s. 9)

(3) Any person aggrieved by the refusal of an application under subsec-
tion (1) may, within 14 days of being informed of such refusal, appeal to a
magistrate against that refusal and the magistrate may, upon considering the
grounds of the application and any evidence which may be adduced in relation
thereto by or on behalf of either party, order that the travel document be
returned.

(4) The decision of a magistrate in relation to an appeal under this section
shall be final.
(Added, 60 of 1977, s. 2)





Chemical tests and handwriting

54. (1) Any police officer not below the rank of inspector or any member of the
Customs and Excise Service not below the rank of inspector may require any person
whom he reasonably suspects to be guilty of an offence under this Ordinance-
(Amended, 13 of 1973, s. 2)

(a)to have his finger nails pared and his hands washed in water for the
purpose of analysis of such finger nails and water; or

(b) to give a specimen of his handwriting for the purpose of comparison.

(2) Any person who fails to comply with a requirement under subsection (1)
shall be guilty of an offence and shall be liable on conviction to a fine of $1,000.

Court to consider report of the Commissioner of
Correctional Services in the case of certain drug offences

54A. (1) Subject to subsection (IA), no sentence, other than a noncustodial
sentence, shall be imposed on a person for an offence against section 8 or 36 unless
the court has first considered a report of the Commissioner of Correctional Services
on the suitability of such person for cure and rehabilitation and on the availability of
places at addiction treatment centres (as defined in the Drug Addiction Treatment
Centres Ordinance (Cap. 244)). (Amended, L.N. 30182 and 24 of 1987, s. 4)

(IA) Subsection (1) shall not apply where a person is convicted of an offence
against section 8 or 36 or of offences against both those sections and that person

(a)is convicted in the same proceedings of any other offence and is
sentenced for that other offence to imprisonment for more than 9 months;
or

(b)is at the time of conviction serving a term of imprisonment of more than 9
months,

but, in such a case, the court may if it thinks fit consider a report specified in
subsection (1) before sentencing that person for the offence against section 8 or 36.
(Added, 24 of 1987, s. 4)

(IB) Where a court is required or has decided to consider a report under this
section before sentencing a person but has not received such a report, it shall
remand that person in the custody of the Commissioner of Correctional Services for
such period, not exceeding 3 weeks, as the court thinks necessary to enable such a
report to be made. (Added, 24 of 1987, s. 4)

(2) The Commissioner of Correctional Services shall, in his report under this
section, inform the court whether or not a detention order under the Drug Addiction
Treatment Centres Ordinance has previously been made in respect of the person to
whom the report relates. (Amended, L.N. 30182 and 24 of 1987, s.4)

(3) Section 4(3) of the Drug Addiction Treatment Centres Ordinance shall not
apply where a report is obtained under this section.





(4) In this section 'non-custodial sentence' means one or more of the
following sentences

(a) a fine;

(b)a probation order under section 3 of the Probation of Offenders Ordinance
(Cap. 298);

(e)a suspended sentence of imprisonment under section 109B of the Criminal
Procedure Ordinance (Cap. 221).

(Added, 67 of 1979, s. 4)

Dangerous drugs forfeited by law

55. Any dangerous drug in respect of which an offence under this Ordinance is
being or has been committed, and any dangerous drug in transit

(a)which was accompanied, when it was brought into Hong Kong, by a false
export authorization or diversion certificate or by an export authorization
or diversion certificate which was obtained by fraud or by the wilful
misrepresentation or omission of a material particular; or

(b)which, not being accompanied by an export authorization or diversion
certificate when it was brought into Hong Kong, was being conveyed for
an unlawful purpose or was in transit for the purpose of being imported
into another country in contravention of the laws of that country,

shall, with effect from the seizure thereof under section 52, be forfeited to the
Crown.

Forfeiture of articles, etc., used in connection with offence

56. (1) A court may (whether or not any person has been convicted of such
offence) order to be forfeited to the Crown

(a)any money or thing (other than premises, a ship exceeding 250 gross tons,
an aircraft or a train) which has been used in the commission of or in
connection with an offence under this Ordinance; and

(b)any money or other property received or possessed by any person as the
result or product of an offence under this Ordinance.

(2) An order under subsection (1) for the forfeiture of a thing may include a
term permitting a specified person or persons to redeem such thing on such
conditions, including conditions as to the payment of the value or a proportion of
the value thereof to the Crown, as the court may think fit.

(3) The court may require that notice of an application for forfeiture under
subsection (1) shall be given in such manner as it thinks fit.

(4) The Governor in Council may, in his absolute discretion and after any
proceedings under this Ordinance are concluded, entertain and give effect to any
moral claim to or in respect of any money, thing or other property which has been
forfeited to the Crown.





Protection of informers

57. (1) Save as provided in subsection (2)-

(a)no information for an offence under this Ordinance shall be admitted in
evidence in any civil or criminal proceeding; and

(b) no witness in any civil or criminal proceeding shall be obliged-

(i) to disclose the name or address of any informer who has given
information to the police with respect to an offence under this Ordinance
or of any person who has assisted the police in any way with respect to
such an offence; or

(ii) to answer any question if the answer thereto would lead, or would
tend to lead, to discovery of the name or address of such informer or
person,

if, in either case, such informer or person is not himself a witness in such
proceeding,

and, if any books, documents or papers which are in evidence or liable to inspection
in any civil or criminal proceeding contain an entry in which any such informer or
person is named or described or which might lead to his discovery, the court shall
cause all such passages to be concealed from view or to be obliterated so far as may
be necessary to protect the informer or such person from discovery.

(2) If in any proceeding before a court for an offence under this Ordinance the
court, after full inquiry into the case, is satisfied that an informer wilfully made a
material statement which he knew or believed to be false or did not believe to be
true, or if in any other proceeding a court is of opinion that justice cannot be fully
done between the parties thereto without disclosure of the name of an informer or a
person who has assisted the police, the court may permit inquiry and require full
disclosure concerning the informer or such person.

Power of Governor to give directions

58. (1) The Governor may give to any public officer, other than ajudge, a
District Judge or a magistrate, such directions as he thinks fit with respect to the
exercise or performance of his powers, functions or duties under this Ordinance,
either generally or in any particular case.

(2) A public officer shall, in the exercise or performance of his powers,
functions or duties under this Ordinance, comply with any directions given by the
Governor under subsection (1).

FIRST SCHEDULE

PART I

Dangerous drugs

1. The following substances, namely-

Acetyldihydrocodeine Alphamethadol
Allylprodine Alphaprodine
Alphacetylmethadol Anileridine
Alphameprodine Barbitone





Benzethidine Levorphanol
BenzyImorphine Lysergide
(3-benzyImorphine) Metazoeine
BetacetyImethadol Methadone
Betameprodine Methadyl acetate
Betamethadol Methaqualone and its derivatives
Betaprodine MethyIdesorphine
Bezitramide MethyIdihydromorphine
Cannabinol and its tetrahydro (6-methyldihydromorphine)
derivatives; their 3-alkyl Metopon
homologues Morpheridine
Clonitazene Morphine
Cocaine Morphine Methobromide,
Codeine morphine-N-oxide and other
Codoxime pentavalent nitrogen morphine
Desomorphine derivatives
Dextromoramide Myrophine
Dextropropoxyphene Nicocodine
Diacetyimorphine Nicomorphine (3, 6-dinicotinoyl-
Diampromide (N-[2-(N- morphine)
methylphenethylamine) propyl] Noracymethadol
propionanilide) Norcodeine
Diethylthiambutene Norlevorphanol
Difenoxin Normethadone
Dihydrocodeine Normorphine
Dihydromorphine Norpipanone
Dimenoxadole Oxycodone
Dimepheptanol Oxymorphone
Dimethylthiambutene Pethidine
Dioxaphetyl butyrate Phenadoxone
Dipipanone Phenampromide
Drotebanol Phenazoeine
Ecgonine Phencyclidine and its derivatives
EthyImethylthiambutene Phenomorphan
EthyImorphine Phenoperidine
(3-ethyimorphine) Pholcodine
Etonitazene Piminodine
Etorphine Piritramide
Etoxeridine Proheptazine
Fentanyl and its derivatives Properidine (1-methyl-4-phenyl-
Furethidine piperidine-4-carboxylic acid
Hydrocodone (dihydro- isopropyl ester)
codeinone) Propiram
Hydromorphinol Quinalbarbitone
Hydromorphone Racemethorphan
Hydroxypethidine Racemoramide
Isomethadone Racemorphan
Ketobemidone Thebacon
Levomethorphan Thebaine
Levomoramide >Tilidate
LevophenacyImorphan Trimeperidine

4-Cyano-2-dimethylanlino-4, 4-diphenylbutane

4-Cyano-1-methyl-4-phenylpiperidine

I-Methyl-4-phenylpiperidine-4-carboxylic acid

2-Methyl-3-morpholine-1, I-diphenyl-propanocarboxylic acid

4-Phenylpiperidine-4-carboxylic acid ethyl ester (Amended, 46 of 1971, s. 10; L.N. 22177;
L.N. 32117.46 of 1978, s. 6; L.N. 300179; L.N. 324180; L.N. 185183; L.N. 81185)

2.Any ester (other than one expressly mentioned in paragraph 1 above) or ether (other than
one so mentioned) of a substance for the time being specified in that paragraph.







3. Any salt of a substance for the time being specified in paragraph 1 or 2 above.

4. Any derivative of ecgonine which is convertible to ecgonine or to cocaine.

5.Concentrate of poppy straw (that is to say, the material arising when poppy straw has
entered into a process for the concentration of its alkaloids).





6. Medicinal opium.

7. [Repealed, 46 of 1978, s. 61

8.Any preparation, mixture, extract or other substance containing any proportion of a
substance for the time being specified in paragraph 1 above or in any of paragraphs 2 to 7
above. (Amended, 46 of 1971, s. 10)

9. Opium and opium water. (Replaced, 46 of 1971, s. 10)

10. Coca leaves.

11. Poppy Straw.

12. Cannabis. (Amended, 46 of 1978, s. 6)

12A.Alpha-Methylphenethylamine; its optical isomers; any synthetic compound structurally
derived from any of those substances by substitution at the nitrogen atom; any salt of any
substance falling within this paragraph, or any preparation, mixture, extract or other
substance containing any proportion of a substance specified in this paragraph. (Added,
L.N. 22177. Amended, L.N. 82177)

PART 11 [ss. 4, 23 241

Preparations to which Ordinance applies with modifications

13. A preparation of not more than one of the substances specified in paragraph 19 or 20, when

(a)compounded with one or more other ingredients in such a way that the preparation has
no, or a negligible, risk of abuse and that the substance cannot be recovered by readily
applicable means or in a yield which would constitute a risk to health; and

(b)containing not more than 100 milligrams of the substance per dosage unit and with a
concentration of not more than 2.5 per cent in undivided preparations.

14.A perparation of cocaine containing not more than 0.1 per cent of cocaine calculated as
cocaine base, being a preparation compounded with one or more other ingredients in such a
way that the preparation has no, or a negligible, risk of abuse and that the cocaine cannot be
recovered by readily applicable means or in a yield which would constitute a risk to health.

15.A preparation of medicinal opium or of morphine containing (in either case) not more than
0.2 per cent of morphine calculated as anhydrous morphine base, being a preparation
compounded with one or more other ingredients in such a way that the preparation has no,
or a negligible, risk of abuse and that the opium or, as the case may be, the morphine cannot
be recovered by readily applicable means or in a yield which would constitute a risk to
health.

16.A preparation of diphenoxylate containing, per dosage unit, not more than 2.5 milligrams
of diphenoxylate calculated as base and not less than 25 micrograms of atropine sulphate.
(Amended, L.N. 324180)

16A.A preparation of difenoxin containing, per dosage unit, not more than 0.5 milligram of
difenoxin calculated as base and a quantity of atrophine sulphate equivalent to at least 5% of
the dose of difenoxin. (Added, L.N. 321177. Amended, L.N. 324180)

16B.A preparation for oral use containing not more than 135 milligrams of
dextropropoxyphene base per dosage unit or with a concentration of not more than 2.5 per
cent in undivided preparations:

Provided that such preparations do not contain any substance specified in the Third
Schedule to the Pharmacy and Poisons Regulations (Cap. 138, sub. leg.). (Added, L.N.
185183)

16C.A preparation of Propiram containing not more than 100 milligrams of propiram per
dosage unit and compounded with at least the same amount of methylcellulose. (Added, L.N.






185183)

17. Pulvis Ipecacuanhae et Opii Compositus-

10 per cent opium, in powder,

10 per cent Ipecacuanhae root, in powder, well mixed with

80 per cent of any other powdered ingredient containing no dangerous drug.

18.Mixtures containing not more than one of the preparations specified in paragraphs 13 to
17, being mixtures whereof none of the other ingredients is a dangerous drug.





PART 111 [ss. 25, 26 321

Dangerous drugs to which Ordinance applies
with other modifications

19. The following substances, namely-
Acetyldihydrocodeine
Codeine
Dextropropoxyphene
Dihydrocodeine
Ethylmorphine (3-ethylmorphine)
Nicocodine
Norcodeine
Pholcodine
Propiram (Amended, L.N. 185183)

20. Any salt of a substance specified in paragraph 19.

21.Any preparation, mixture, extract or other substance containing any proportion of a
substance specified in paragraph 19 or 20, being a preparation, mixture, extract or other
substance whereof none of the other ingredients is a dangerous drug. (Amended, 46 of 1971,
S. 10)

22. Any other preparation specified in Part II of this Schedule.

PART IV [ss. 24, 25 261

Preparations which may be sold by retail by listed sellers of
poisons under Pharmacy and Poisons Ordinance (Cap.
138)

(Amended, 46 of 1971, s. 10)

23. Any preparation containing not more than 0.1 per cent of any of the following substances,
namely-
Cocaine
Morphine
Acetyldihydrocodeine
Codeine
Dihydrocodeine
Ethylmorphine (3-ethylmorphine)
Nicocodine
Norcodeine
Pholcodine,
being a preparation compounded with one or more other ingredients in such a way that the
preparation has no, or a negligible, risk of abuse and that the substance contained therein
cannot be recovered by readily applicable means or in a yield which would constitute a risk to
health.

SECOND SCHEDULE [ss. 2 521

Prescribed hospitals and institutions, other
than hospitals maintained by the
Crown

1. The Adventist Sanatorium and Hopsitals.

2. The Alice Ho Miu Ling Nethersole Hospital.

3. The Baptist Hospital.

4. The Canossa Hospital.

5. The Caritas Medical Centre.





6. The Chesire Home, Chung Hom Kok.

7. The Duchess of Kent Children's Orthopaedic Hospital and Convalescent Home.

8. The Evangelical Medical Centre.

9. The Freni Memorial Hospital.

10. The Grantham Hospital.

11. The Haven of Hope Sanatorium.

12. The Hong Kong Buddhist Hospital.

13. The Hong Kong Central Hospital.

14. The Hong Kong Sanatorium and Hospital.

15. The Hong Kong Society for Rehabilitation, Margaret Trench Medical Rehabilitation Centre.

16. The Kwong Wah Hospital.

17. The Matilda and War Memorial Hospital.

18. The Nam Long Hospital.

19. Our Lady of Maryknoll Hospital.

20. The Pok Oi Hospital.

21. The Precious Blood Hospital.

22. The Prince Philip Dental Hospital.

23. The Ruttonjee Sanatorium.

24. The Shek Kwu Chau Rehabilitation Centre.

25. The St. Paul's Hospital.

26. The St. Theresa's Hospital.

27. The Tung Wah Hospital.

28. The Tung Wah Eastern Hospital.

29. The Tung Wah Sandy Bay Convalescent Hospital.

30. The Tung Wah Wong Tai Sin Infirmary.

31. The United Christian Hospital.

32. The Yan Chai Hospital.

(Second Schedule replaced, L.N.
166181)

THIRD SCHEDULE [s. 421

Other offences of which defendant may be convicted

Other offences of which
Item Offence charged defendant may be
convicted







1 Unlawful trafficking in dangerous drug (sec- Trafficking in a substance represented or
tion 4) held out to be a dangerous drug (sec-
tion 4A) (Added, 37 of 1980, s. 4)
Possession of dangerous drug for
purpose of unlawful trafficking therein
(section 7)
Possession of dangerous drug (section
8(1)(a) and (2))
2. Unlawful manufacturing of dangerous drug Unlawful trafficking in dangerous drug
(section 6) (section 4)
Possession of dangerous drug for
purpose of unlawful trafficking therein
(section 7)
Possession of dangerous drug (section
8(1)(a) and (2))
3. Possession of dangerous drug for purpose of Possession of dangerous drug (section
unlawful trafficking therein (section 7)8(1)(a) and (b)) (Amended, 46 of 1971,
S. 11)





FOURTH SCHEDULE [s. 49A]

Reporting Agencies

1. Alice Ho Miu Ling Nethersole Hospital.

2. Boys' and Girls' Club Association of Hong Kong.

3. Caritas-Hong Kong.

4. Chinese Young Men's Christian Association.

5. Christian Family Service Centre.

6. Evangel Hospital.

7. Haven of Hope Hospital, Junk Bay Medical Relief Council.

8. Hong Kong Adventist Hospital.

9. Hong Kong Baptist Hospital.

9A. Hong Kong Buddhist Hospital. (Added, L.N. 141184)

10. Hong Kong Christian Service.
11. Hong Kong Council of Social Service.
12. Society for the Rehabilitation of Offenders, Hong Kong. (Replaced, L.N. 176186)
13. Hong Kong Federation of Youth Groups.
14. Hong Kong Playground Association.
15. Hong Kong Sanatorium and Hospital Limited.
16. Kwong Wah Hospital, Tung Wah Group of Hospitals.
17. Ling Oi Youth Centre, Finnish Missionary Society.
18. Medical and Health Department of the Government
19. Operation Dawn Limited.
20. Our Lady of Maryknoll Hospital Limited.
21. Pok Oi Hospital.
22. Precious Blood Hospital and Maternity Home, Sisters of the Precious Blood Order.

23. Enchi Lodge, Lutheran Drug Centre. (Replaced, L.N. 176186)

24. Ruttonjee Sanatorium, Hong Kong Tuberculosis, Chest and Heart Diseases Association.
25.St. Paul's Hospital and Maternity Home, Soeurs de Saint Paul de Chartres.

25A. St. Stephen's Society. (Added, L.N. 173184)

26. St. Theresa's Hospital and Maternity Home.

27. Salvation Army.

28. Social Welfare Department of the Government.

29. Society for the Aid and Rehabilitation of Drug Abusers.

29A. Tsuen Wan Adventist Hospital. (Added, L.N. 173184)

30. United Christian Hospital, United Christian Medical Service.

31. Wong Tai Sin Infirmary and Convalescent Hospital, Tung Wah Group of Hospitals.

32. Wu Oi Christian Centre Limited.

33. Yan Chai Hospital.

34. Yang Memorial Social Service Centre.







35. Young Women's Christian Association.

(Fourth Schedule added, 65 of 1981, s.
4)





FIFTH SCHEDULE [s. 38A]

First

Column Second Column Third Column

Dangerous Drug Excessive Quantity

1. Any dangerous drug other than Opium or Cannabis. 500 g

2. Opium. 3 000 g

3. Cannabis. 3 000 g

(Fifth Schedule added, 48 of 1982, s. 3; effective from
15.1.83)

https://oelawhk.lib.hku.hk/items/show/2652

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