PHARMACY AND POISONS ORDINANCE

PHARMACY AND POISONS ORDINANCE

LAWS OF HONG KONG

PHARMACY AND POISONS ORDINANCE

CHAPTER 138





CHAPTER 138

PHARMACY AND POISONS ORDINANCE

ARRANGEMENT OF SECTIONS

Section.................................... Page
1. Short title ............................3
2. Interpretation .........................3
3. The Pharmacy and Poisons Board .........5
4. Chairman of Board and meetings .........6
4A.................Power of Board to establish executive committees 6
5. The register of pharmacists ............7
6. Evidence of registration ...............8
7. Correction of register .................8
8. Qualifications for registration as pharmacists 8
9. Certificate of registration as a pharmacist 9
10......................Misuse of certificates of registration 10
10A......Registered pharmacist not to practise without practising certificate 10
IOB..........................Recovery of practising fees 11
11..........................Authorized sellers of poisons 11
12.......Premises required to be under the control of a registered pharmacist 12
13.............................Registration of premises 12
13A................................Display of logo 13
14..................................Annual return 13
is......................Appointment of Disciplinary Committee 14
16........................Powers of a Disciplinary Committee 14
16A.................Powers of Disciplinary Committee at inquiries is
17.........Liability of authorized sellers of poisons for acts of employees 16
18.........................Voting of Disciplinary Committee 17
19...........Provisions as to directions given by Disciplinary Committee 17
20...................Restriction on use of certain titles, etc . 18
21.......................Conditions of sale of Part 1 poisons 18
22......................Limitations on sale of Part 1 poisons 18
23.....................Possession of Part 1 poisons prohibited 19
24........................Possession of poisons by retailers 19
25............................Listed sellers of poisons 19
26......................Conditions of sale of Part II poisons 20
27..........................Poisons to be labelled, etc . 20
28........................Exemption with regard to medicines 21





Section.................................... Page
28A........................................Restriction on import and export of pharmaceutical products 22
29. Power to make regulations .............23
30. Pharmacy and Poisons Appeal Tribunal ..25
30A........................................Right of appeal to High Court 28
31. Poisons Committee .....................28
32. Exemption with respect to sales wholesale and sales to certain persons 28
33. Offences ..............................29
34. Penalties .............................29
35. Inspection and enforcement of Ordinance 29
36. Forfeiture ............................31
37. Ordinance not to apply to traditional Chinese medicines 31





CHAPTER 138
PHARMACY AND POISONS

To consolidate and amend the law relating to pharmacy and poisons.

[1 January 19701 L.N. 186 of 1969

Originally 46 of 1969 - L.N. 177 of 1970, 31 of 1972, L.N. 156 of 1972, L.N. 166 of 1973, 45
of 1975, L.N. 160 of 1975,38 of 1977,50 of 1977,50 of 1980,45 of 1984,58 of 1986, R.
Ed. 1987, 6 of 1989, L.N. 76 of 1989

1. Short tide

This Ordinance may be cited as the Pharmacy and Poisons Ordinance.

2. Interpretation

(1) In this Ordinance, unless the context otherwise requires-

,,authorized seller of poisons' means a business authorized to sell poisons under
section 11; (Replaced 58 of 1986 s. 2)

'Board' means the Pharmacy and Poisons Board established under section 3;

'dispense' means supplying a medicine or poison on and in accordance with a
prescription given by a registered medical practitioner, a registered dentist or a
duly qualified veterinary surgeon; and also means the compounding or mixing
of substances, including poisons, and the supplying of the same and
'dispensing' shall be construed accordingly; (Added58of1986s.2)

'duly qualified veterinary surgeon' means a member of the Royal College of
Veterinary Surgeons of Great Britain, or a person holding a diploma or
certificate from a veterinary training institution or examining body prescribed by
regulations made under section 29(n);

'institution' means

(a)any hospital or maternity home within the meaning of the Hospitals,
Nursing Homes and Maternity Homes Registration Ordinance (Cap.
165);

(b)any clinic within the meaning of the Medical Clinics Ordinance (Cap.
343); and

(e)any such hospital, maternity home or clinic maintained by the Crown;

'labelled' means any statement forming part of or affixed to a container in which
pharmaceutical products are sold, which statement may, subject to any
regulations made under this Ordinance, be printed in English or Chinese;





listed seller of poisons' means a person whose name is entered on the list kept
under section 25 of persons entitled to conduct the retail sale of poisons
included in Part 11 of the Poisons List;

'manufacture' means the preparation of pharmaceutical products for sale or
distribution but shall not include the individual dispensing on a prescription or
otherwise of any pharmaceutical product, and 'manufacturer' has a
corresponding meaning;

'pharmaceutical product and 'medicine' mean any substance or mixture of
substances manufactured, sold, supplied or offered for sale or supply for use in

(a)the diagnosis, treatment, mitigation, alleviation or prevention of
disease or any symptom thereof;

(b)the diagnosis, treatment, mitigation, alleviation of any abnormal
physical or physiological state or any symptom thereof;

(c) altering, modifying, correcting or restoring any organic function,
inhuman beings or in animals; (Replaced 50 of 1977s. 2)

'poison' means a substance which is specified in the Poisons List;

'Poisons List means the Poisons List prescribed by regulations;

'practising certificate' means a certificate issued under section 10A; (Added 50 of
1977 s. 2)

'registered' means

(a)in relation to a pharmacist, a person whose name has been entered on
the register of pharmacists under section 5;

(b)in relation to premises, such premises as are entered on the register of
premises under section 13;

(c)in relation to a medical practitioner, a person duly registered or
deemed to be registered under the Medical Registration Ordinance
(Cap. 161);

(d)in relation to a dentist, a person duly registered or deemed to be
registered under the Dentists Registration Ordinance (Cap. 156);

',sale by way of wholesale dealing' means the sale of goods to a person who is
authorized by this Ordinance to resell such goods;

'Secretary' means the secretary to the Board;

'sell' includes

(a) offer or expose for sale;

(b) supply without payment; and

(c) offer or expose for supply without payment, and 'sold' and 'seller'
shall be construed accordingly; (Replaced 58 of 1986s.2)

'Tribunal' has the meaning assigned to it by section 30. (Added50 of 1980 s.2)

(Amended 38 of 1977s. 24)





(2) It shall be a sufficient compliance with any requirement in this Ordinance
that premises be under the personal control of a registered pharmacist if for not less
than two-thirds of the hours of each day the premises are open for business a
registered pharmacist is present at the premises and exercises control and
supervision over the persons employed therein.

(3) Where in this Ordinance any document is required to be signed by any
person, that person shall write his name or make his mark on the document but the
affixing of a chop shall not be an adequate signature.

3. The Pharmacy and Poisons Board

(1) There shall be for the purposes of this Ordinance a Board to be called the
Pharmacy and Poisons Board.

(2) The Board shall consist of

(a) the Director of Health; (AmendedL.N. 76of1989)

(b) (Repealed 58 of 1986 s. 3)

(e) the Government Chemist;

(d)the Chief Pharmacist of the Department of Health; (Amended L.N. 76
of 1989)

(e)1 medical officer in the Department of Health appointed by the
Governor;

1 legally qualified person appointed by the Governor to act as the
legal adviser to the Board;

(fa) 1 person qualified in pharmacology who is on the full time teaching
staff of the University of Hong Kong nominated by the University of
Hong Kong and appointed by the Governor; (Added 58 of 1986 s. 3)

(fb) 1 person qualified in pharmacology who is on the full time teaching
staff of The Chinese University of Hong Kong nominated by The
Chinese University of Hong Kong and appointed by the Governor;
(Added58of 1986s. 3)

(g)3 registered pharmacists (not being public officers) nominated by the
Pharmaceutical Society of Hong Kong and appointed by the
Governor;

(h)1 registered medical practitioner (not being a public officer) nominated
by the Hong Kong Medical Association and appointed by the
Governor; and

(i)1 registered medical practitioner (not being a public officer) nominated
by the Hong Kong Branch of the British Medical Association and
appointed by the Governor.

(3) The members of the Board appointed by the Governor shall hold office for a
period of 3 years from the date of their appointment or for such lesser period as the
Governor may appoint.





(4) There shall be a Secretary to the Board who shall be appointed by the
Governor. (Added31 of 1972s. 2)

4. Chairman of Board and meetings

(1) The Director of Health shall be the Chairman of the Board and as Chairman
shall have both a deliberative and a casting vote. (Amended L.N. 76 of 1989)

(2) If the Chaiman of the Board is absent from any meeting of the Board, the
members present at such meeting shall elect from among their number a member to
act as chairman and the person so elected shall have all the powers of the Chairman
for the purposes of that meeting.

(3) The Board shall meet at such times and at such places as the Chairman shall
from time to time direct.

(4) 5 members of the Board shall constitute a quorum at meetings.

(5) A vacancy among the members of the Board or any defect in their
appointment shall not affect the validity of any proceedings of the Board.

(6) At meetings of the Board all questions shall be decided by the votes of a
majority of the members of the Board present.

(7) The Board may make standing orders for regulating the procedure and the
conduct of its meetings.

4A. Power of Board to establish executive committees

(1) The Board may establish such number of executive committees as it may
deem fit for the purpose of performing such functions relating to

(a)the registration, licensing or certification under this Ordinance of
persons, poisons or pharmaceutical products; or

(b)the entering of the names of persons on the list kept under section 25
of persons entitled to conduct the retail sale of poisons included in
Part II of the Poisons List,

as may be prescribed in respect of any such committee by regulations made under
section 29.

(2) A committee established under this section shall consist of

(a)such member of the Board as the Board may appoint to be chairman
of the committee; and

(b)such other persons, whether members of the Board or not, as the
Board may appoint to be members thereof,

and any person so appointed shall hold office on such terms and for such period as
the Board may determine.

(3) A member of a committee established under this section may resign his
office at any time by notice in writing addressed to the Chairman of the Board.





(4) The procedure of every committee established under this section shall be
such as the Board may determine.

(5) The establishment of a committee under this section shall be notified by the
Board in the Gazette, and such notice shall specify the purpose for which the
committee has been established.

(6) The Board may at any time vary, modify or extend the purpose for which
any committee has been established under this section and shall notify any such
variation, modification or extension in the Gazette; and references in this Ordinance
to the purpose for which any such committee has been so established shall be
construed as references to such purpose as so varied, modified or extended.

(7) A committee established under this section may be dissolved by the Board
at any time and, without prejudice to anything already done by the committee, such
dissolution shall be notified by the Board by notice in the Gazette and shall take
effect on the date of publication of the notice.

(8) Where any regulations made under section 29 provide for the performance
by a committee established under this section of any functions referred to in
subsection (1) and such committee has not been so established at the
commencement of the regulations or is dissolved under this section, the regulations
shall have effect, until such committee has been so established or, as the case may
be, such functions are vested under this Ordinance in another committee established
under this section, as if for references to such committee there were substituted
references to the Board.

(9) A committee existing at the commencement* of the Pharmacy and Poisons
(Amendment) Ordinance 1980 (50 of 1980) which was established prior to the
commencement of that Ordinance by regulations made under section 29 for the
purpose of performing any functions referred to in subsection (1) shall be deemed to
be a committee established by the Board under this section, and this section shall
apply accordingly in relation to such committee.

(Added50 of 1980s. 3)

5. The register of pharmacists

(1) The Board shall cause the Secretary to enter in a register (in this Ordinance
referred to as the register of pharmacists), the names and addresses of all persons
qualified to be registered as pharmacists under this Ordinance.

(2) The register of pharmacists shall be kept at the headquarters of the
Department of Health in the office of the Secretary and shall be open for inspection
by any person during the usual hours of business without payment of fee.
(AmendedL.N. 76of1989)

(3) The Board shall cause a copy of the register of pharmacists to be published
in the Gazette once every 12 months.

* 1.1.1981





(4) The register kept in accordance with the provisions of the repealed
Pharmacy and Poisons Ordinance (Cap. 138 1964 Ed.) shall be deemed to be,
for the purposes of this Ordinance, the register under this section and every
person whose name appears therein shall be deemed to be a pharmacist
registered in accordance with this Ordinance.
[cf. 1954 c. 61 s. 2 U.K.]

6. Evidence of registration
A certificate purporting to be under the seal of the Board and signed by the
Chairman or the Secretary, or a copy of the Gazette containing a copy of the
register of pharmacists printed within the preceding 12 months, shall, until the
contrary is proved, be evidence in any court that the persons whose names are
set out in such certificate or copy of the Gazette were registered as pharmacists
at the date shown on such certificate or Gazette.
[cf. 1954 c. 61 s. 6 U.K.]

7. Correction of register
(1) The Secretary may amend the register of pharmacists as to the address
or any other particulars relating to a pharmacist whose name appears therein, if
satisfied that such amendment is necessary for the purposes of preserving the
accuracy of the register.
(2) The Secretary shall make such entries in the register of pharmacists as
the Board in the exercise of its powers under this Ordinance may direct.
(3) The Board may direct the deletion of any entry in the register of
pharmacists relating to a pharmacist who-
(a) requests in writing that his name be so deleted;
(b) has died;
(c)has been absent from the Colony for a period of not less than 2
years without giving to the Secretary or the Board notice of his
intention to return;
(d) the Board is satisfied obtained registration by fraudulent means;
(e)being a person required to be the holder of a practising
certificate, has practised as a pharmacist in Hong Kong for a
period exceeding 6 months without having obtained such a
certificate; (Added50 of 1977s. 3)
(f)is no longer practising as a pharmacist in Hong Kong. (Added
50 of 1977 s. 3)
[cf. 1954 c. 61 s. 13 U.K.]

8. Qualifications for registration as pharmacists
(1) Subject to the provisions of this Ordinance, there may be registered as
a pharmacist any person who-





(a) holds a diploma in pharmacy of the University of Hong Kong;

(b)is duly registered as a pharmaceutical chemist or chemist and druggist
with the Pharmaceutical Society of Great Britain;

(c)holds a certificate of a Commonwealth pharmaceutical institution
which has entered into an agreement for reciprocity of registration
with the Pharmaceutical Society of Great Britain;

(d)has successfully completed a course of training and study and who
has passed any examinations thereon that may have been prescribed
by the Board; and

(e)holds any diploma or certificate, other than a certificate to which
paragraph (c) refers, and who has satisfied the Board by examination
or otherwise that he has the skill and experience in pharmacy
equivalent to that possessed by a person to whom paragraphs (a) to
(d) relate.

(2) Notwithstanding anything contained in subsection (1), the Board may
require any applicant for registration to pass such examinations as it may determine
or to undergo such period of training as the Board may specify. (Replaced 50 of
1977s. 4)

(3) For the purposes of conducting examinations on behalf of the Board, there
shall be a committee of examiners consisting of the following persons

(a)1 person qualified in pharmacology who is on the full time teaching
staff of the University of Hong Kong or The Chinese University of
Hong Kong and appointed by the Board; (Replaced 58 of 1986 s. 4)

(b) the Government Chemist;

(c)the Chief Pharmacist of the Department of Health; (Amended L.N. 76
of 1989)

(d)1 medical officer in the Department of Health appointed by the Board;
and (L.N. 76of1989)

(e)1 registered pharmacist (not being a public officer) appointed by the
Board.

[cf. 1954 c. 61 ss. 3 & 4 U.K.]

9. Certificate of registration as a pharmacist

(1) Upon the registration of a person as a pharmacist the Secretary shall issue
to him a certificate of registration as a pharmacist in the prescribed form. (Amended
31 of 1972 s. 3)

(2) If a certificate issued under subsection (1) is lost or destroyed, or if for any
other reason a registered pharmacist requires a duplicate certificate to be issued, the
Secretary shall, on being satisfied that the original certificate of registration has been
lost or destroyed or that a duplicate certificate is required for good reason, and upon
payment of a prescribed fee (if any), issue to the pharmacist a certified duplicate of
the certificate of registration.





(3) If the name of any pharmacist is removed from the register of pharmacists in
accordance with a direction of a Disciplinary Committee under section 16, that
pharmacist shall forthwith return to the Secretary the certificate of registration and
any certified duplicate thereof (if any), or if the said certificate or duplicate has been
lost or destroyed the pharmacist shall deliver to the Secretary a signed statement to
that effect.

[cf. 1954 c. 61 s. 5 U.K.]

10. Misuse of certificates of registration

(1) Any person who, with intent to deceive

(a)forges, or uses, or lends to or allows to be used by any other person a
certificate of registration as a pharmacist or any other certificate issued
under any enactment, whether of this Colony or elsewhere, relating to
pharmacy; or

(b)makes or has in his possession a document so closely resembling any
such certificate as aforesaid as to be calculated to deceive,

shall be guilty of an offence and shall be liable on conviction to a fine of $2,000.

(2) In this section, the expression 'forges' has the same meaning as in Part IX
(Forgery) of the Crimes Ordinance (Cap. 200).

[cf. 1954 c. 61 s. 20 U.K.]

without practising certificate .

(1) Subject to this section, a registered pharmacist shall not practise as a
pharmacist in Hong Kong, unless he is the holder of a practising certificate which is
then in force.

(2) Subject to the payment of the prescribed fee for the issue of a practising
certificate, the Secretary, on. application made to him for that purpose by a registered
pharmacist, shall issue to him a certificate to the effect that he is, subject to any
conditions and restrictions specified in the certificate, entitled to practise as a
pharmacist in Hong Kong.

(3) Where a practising certificate is issued pursuant to an application made
during the course of a year in respect of that year, the certificate shall, subject to
subsection (5), be in force from the time of its issue until the end of that year.

(4) Where a practising certificate is issued pursuant to an application made
during the course of a year in respect of the following year, the certificate shall,
subject to subsection (5), be in force for a period of 12 months commencing on 1
January in that following year.

(5) If at any time during the currency of a practising certificate issued under this
section, the holder of the certificate ceases to be registered under this Ordinance,
the certificate shall thereupon be deemed to be cancelled.





(6) Any person who is required under this section to be the holder of a
practising certificate under this section shall be deemed to have obtained the
certificate when he has duly applied to the Secretary and paid the prescribed fee for
the issue of the practising certificate.

(7) A person who is required under this section to be the holder of a practising
certificate shall not be entitled to recover any fees, costs or other remuneration on
any cause of action unless he was, at the time when the cause of action arose, the
holder of a valid practising certificate.

(8) This section applies to any person whose name has been entered on the
register of pharmacists.

(Added50 of 1977 s. 5)

10B. Recovery of practising fees

(1) If any registered pharmacist contravenes subsection (1) of section 10A, the
amount of the prescribed fee payable by him under subsection (2) of that section
shall be recoverable as a civil debt.

(2) In any proceedings under this section a certificate purporting to be under
the hand of the Secretary to the effect that the registered pharmacist concerned had
not paid the prescribed fee for the issue of a practising certificate shall, until the
contrary is proved, be evidence of non-payment of the fee.

(3) On recovery from a registered pharmacist of a prescribed fee under this
section the Secretary shall, if the registered pharmacist's name appears on the
register of pharmacists, issue the registered pharmacist with the appropriate
practising certificate.

(Added50 of 1977s. 5)

11. Authorized sellers of poisons

(1) A business comprising the retail sale of poisons carried on by a registered
pharmacist or by a body corporate or an unincorporated body of persons shall be an
authorized seller of poisons if the actual sale of poisons is conducted on premises
duly registered under this Ordinance by a registered pharmacist or in his presence
and under his supervision.

(2) The name, the certificate of registration and a notice setting out the hours of
attendance of each registered pharmacist engaged in, or employed by an authorized
seller of poisons in, the business shall be displayed in a conspicuous place in the
premises where he is so engaged or employed.

(3) No registered pharmacist employed by an authorized seller of poisons shall
at the same time engage in the retail sale of poisons on his own account and in
employment with any other authorized seller of poisons without first obtaining the
written authority of the Board.

(4) The Board may grant a registered pharmacist written authority under
subsection (3) on such conditions as it thinks fit.

[cf. 1933 c. 25 ss. 8 & 9 U.K.]





12. Premises required to he under the control
of a registered pharmacist

Each set of premises of an authorized seller of poisons where poisons are
kept for the purposes of retail sale shall be under the personal control of a
registered pharmacist.
[cf. 1933 c. 25 ss. 8 & 9 U.K.]

13. Registration of premises

(1) No premises of an authorized seller of poisons, where poisons are kept
for the purposes of retail sale, shall be kept or used for such purposes unless the
premises are registered under subsection (3).
(2) An application to register premises under subsection (3) shall be made
to the Board in the prescribed form and prescribed manner.
(3) Subject to subsection (4), the Board may register premises in respect
of which an application is made under subsection (2), and may impose such
conditions relating to the registration of the premises as it thinks fit.
(4) The Board shall not register premises under subsection (3) unless it is
satisfied, in relation to the retail sale of poisons at such premises, that-
(a)the authorized seller of poisons is a fit and proper person to
conduct the retail sale of poisons;
(b)the premises are suitable for conducting the retail sale of poisons
thereon;
(c)the actual sale of poisons will be conducted on the premises by a
registered pharmacist or in his presence or under his supervision,
in accordance with section 11 (1); and
(d)the premises will be under the control of a registered pharmacist
in accordance with section 12.
(5) On the registration of premises under subsection (3) the Secretary
shall-
(a)issue to the authorized seller of poisons a certificate of
registration in the prescribed form; and
(b)enter the address of the premises and the name of the authorized
seller of poisons, in a register to be kept for the purposes of
this section (in this Ordinance referred to as the 'register of
premises').
(6) The registration of premises under subsection (3) shall-
(a) not take effect except on payment of the prescribed fee; and
(b)authorize the authorized seller of poisons to conduct the retail
sale of poisons thereon for such period being not more than 1
year, expiring on such date as shall be specified in the certificate
of registration.





(7) An authorized seller of poisons may, before the expiration of a
certificate of registration issued to him under subsection (5), apply to the Board
for the certificate to be renewed for a further period of not more than 1 year
from the date of expiry and-
(a)this section shall apply with necessary modifications, to an
application for renewal made under this subsection as it applies
to an application made under subsection (2);
(b)the Board may in respect of the renewed certificate of registration
impose any condition in addition to or instead of any condition
previously imposed by it under subsection (3).
(8) An applicant who is aggrieved by a decision of the Board under
subsection (3) or (7) may, in the prescribed manner, appeal against such
decision to the Tribunal.
(Replaced 58 of 1986 s. 5)

13A. Display of logo
(1) An authorized seller of poisons who conducts the retail sale of poisons
on premises registered under section 13, may cause to be displayed at such
premises, a logo in the prescribed form.
(2) Any person who is the proprietor of a business carried on at premises
where-
(a) a logo in the form prescribed under subsection (1); or
(b)any logo, emblem or other thing which so resembles a logo in the
form prescribed under subsection (1) as to be mistaken for such
logo,
is displayed shall, if such premises are not registered under section 13, be guilty
of an offence.
(Added 58 of 1986 s. 6)

14. Annual return
(1) An authorized seller of poisons shall in the month of January in each
year send to the Secretary a list showing the addresses of all sets of premises
where he conducts the retail sale of poisons and showing the name of the
registered pharmacist having personal control of each such set of premises.
(2) Where any change occurs in the address of the business of an
authorized seller of poisons or where any registered pharmacist whose name
is displayed in any premises registered under this Ordinance ceases to be
employed or engaged in such premises, the authorized seller of poisons shall,
within 28 days, give the Secretary notice in writing setting out particulars of
such change.
(3) An authorized seller of poisons who fails to comply with the
provisions of this section shall be guilty of an offence.
[cf. 1933 c. 25 s. 13 U.K.]





15. Appointment of Disciplinary Committee

(1) When a complaint is received by the Board regarding the conduct of a
registered pharmacist, an employee of a registered pharmacist, a body which is an
authorized seller of poisons or an officer or employee of or partner in such body, or
when any such person or body is convicted of an offence under this Ordinance or
when it otherwise appears necessary or desirable to the Board that the conduct of
any such person or body should be inquired into, the Board shall, for the purpose of
such inquiry, appoint a Disciplinary Committee consisting of

(a) the medical officer in the Department of Health appointed by the

Governor under section 3(2)(e) who shall be the chairman of the
Disciplinary Committee; and (AmendedL.N. 76of1989)

(b) 2 registered pharmacists (not being public officers) nominated by

the Pharmaceutical Society of Hong Kong.

(2) The Governor shall appoint a legally qualified person to act as the legal
adviser to a Disciplinary Committee.

16. Powers of a Disciplinary Committee

(1) A Disciplinary Committee appointed under section 15 shall hold an inquiry
into the conduct of any person or body in respect of whom or which it is appointed
and shall cause notice thereof to be served on the person or body concerned at least
28 days before the date of such inquiry.

(IA) A Disciplinary Committee shall conduct an inquiry in accordance with the
prescribed procedure. (Added31 of 1972s. 4)

(2) A Disciplinary Committee may, if it thinks fit, at the conclusion of an inquiry
under this section

(a) where the inquiry is in respect of a registered pharmacist or an

employee of a registered pharmacist, direct the Secretary either---

(i) to censure the registered pharmacist; or

(ii) subject to subsection (5), to remove his name from the register of
pharmacists and not to re-enter it thereon for such period as the
Disciplinary Committee directs;

(b) where the inquiry is in respect of a body which is an authorized

seller of poisons or in respect of an officer or employee of or
partner in such body, direct that-

(i) that body be disqualified, for such period as may be specified in
the direction, from being an authorized seller of poisons; or

(ii)subject to subsection (5), any or all of the premises of that body
shall be removed from the register of premises and be
disqualified, for such period as may be specified in the direction,
from being registered therein.





(3) (a)A person or body in respect of whom or which a direction has been
made under subsection (2) may, within 28 days after receipt of notice
under section 19(1), appeal to the High Court.

(b)On any such appeal, the High Court may affirm, reverse or vary the
direction of the Disciplinary Committee and the decision of the High
Court on such appeal shall be final.

(4) The Disciplinary Committee may, subject to subsection (5), cause its
decision in any inquiry held under this section to be published in the Gazette, with
or without an account of the proceedings.

(5) No direction under subsection (2)(a)(ii) or (b)(ii) shall be given effect to and
no publication under subsection (4) shall be made

(a)until after the expiry of the time limited for an appeal under subsection
(3)(a); or

(b)where there is an appeal to the High Court, until such appeal has been
determined or withdrawn.

(6) The Disciplinary Committee may, of its own motion or on the application of
the person or body concerned,

(a)without fee or on payment of such fee not exceeding the amount of
the fee payable on registration as a pharmacist as the Disciplinary
Committee determines, direct the Secretary to restore to the register of
pharmacists the name of any person which has been removed
therefrom;

(b)direct that a disqualification from being an authorized seller of poisons
shall cease;

(c)without fee or on payment of such fee not exceeding the amount of
the fee payable on registration of premises as the Disciplinary
Committee determines, direct that any premises removed from the
register of premises be restored thereto.

[cf. 1954 c. 61 ss. 8, 10 & 11 U.K.]

16A. Powers of Disciplinary Committee at inquiries

(1) For the purpose of an inquiry under section 16 the Disciplinary Committee
may, subject to subsection (4)

(a) hear and examine witnesses on oath;

(b)summon any person to attend the inquiry to give evidence or
produce any document or other thing in his possession and examine
him as a witness or require him to produce any document or other
thing in his possession.

(2) A summons under subsection (1) shall be in the prescribed form and shall
be signed by the chairman.

(3) Subject to subsection (4), any person who





(a)being summoned under subsection (1) to attend any inquiry to
give evidence or to produce any document or other thing in his
possession, refuses or neglects to do so; or
(b)being examined under subsection (1) as a witness by or before
the Disciplinary Committee, refuses or neglects to answer any
question put to him by or with the concurrence of the Dis-
ciplinary Committee, or to produce any document or other thing
in his possession when required to do so,
shall be guilty of an offence and shall be liable on conviction to a fine of $500
and to imprisonment for 3 months.
(4) Any person who appears as a witness before the Disciplinary
Committee shall be entitled to the same privileges in respect of the giving of
evidence and the production of any document and other thing as he would be
entitled to if appearing as a witness in civil proceedings before the High Court.
(5) Any person who-
(a)behaves in an insulting manner or uses any threatening or
insulting expression to or in the presence of the Disciplinary
Committee; or
(b) wilfully disrupts the proceedings of the Disciplinary Committee,
shall be guilty of an offence and shall be liable on conviction to a fine of $500
and to imprisonment for 3 months.
(Added31 of 1972 s. 5)

17. Liability of authorized sellers of
poisons for acts of employees

(1) In any case under section 16, where the person convicted of an offence
or guilty of misconduct is an employee of the authorized seller of poisons, the
Disciplinary Committee shall not give any direction unless proof is given to its
satisfaction of some one or more of the facts specified in subsection (2), and it is
of the opinion that having regard to the facts so proved the authorized seller of
poisons ought to be regarded as responsible for the offence or misconduct.
(2) The facts as to some one or more of which the Disciplinary
Committee must be satisfied before giving any such direction as is mentioned in
subsection (1) are-
(a)that the offence or misconduct in question was instigated or
connived at by the authorized seller of poisons or in the case of a
body corporate, by an officer of that body corporate or in the
case of an unincorporated body of persons, by any member of
such body;
(b)that the authorized seller of poisons or any person employed by
him, or, in the case of a body corporate or an unincorporated
body of persons, any officer or member of such body, as the case





may be, had been guilty, at some time within 12 months before the
date upon which the offence or misconduct in question took place, of
a similar offence or misconduct and that the authorized seller of
poisons had, or ought reasonably to have had, knowledge of that
previous offence or misconduct;

(c)if the offence or misconduct in question was a continuing offence or
continuing misconduct, that the authorized seller of poisons had, or
reasonably ought to have had, knowledge of the continuance thereof;

(d)in the case of an offence under this Ordinance, that the authorized
seller of poisons had not used due diligence to enforce the execution
of this Ordinance.

(3) In this section references to the responsibility, knowledge or diligence of an
authorized seller of poisons shall, in the case of a body corporate or an
unincorporated body of persons, be construed as references to the responsibility,
knowledge or diligence of that body as a whole.

[cf. 1954 c. 61 s. 9 U.K.]

18. Voting of Disciplinary Committee

In any inquiry conducted by the Disciplinary Committee the decision of the
Committee shall be taken on the vote of a majority of the members.

19. Provisions as to directions given

by Disciplinary Committee

(1) The Secretary shall cause notice of any direction given by the Disciplinary
Committee to he given to the registered pharmacist or authorized seller of poisons, as
the case may be, to whom the direction relates, and, where the Disciplinary
Committee refuses an application for a direction the Secretary shall cause notice of
the refusal to be given to the applicant. A notice required by this subsection to be
given to any person shall be sent to him by registered letter to his address shown in
the register of pharmacists or the register of premises, as the case may be, and if
more than one address is shown in such register to any of his addresses shown
therein.

(2) A direction given by the Disciplinary Committee, other than a direction
given on the application of the person to whom it relates, shall take effect at the
expiration of such period, not exceeding 3 months, as the Committee may, having
regard to all the circumstances of the case, think fit to direct.

(3) Where a direction given by the Disciplinary Committee has taken effect the
Secretary shall make such alterations in the register of premises as are necessary to
give effect to the direction.

[cf. 1933 c. 25 s. 14 U.K.]





20. Restriction on use of certain titles, etc.

(1) Any person, other than a registered pharmacist or an authorized seller of
poisons, who takes or uses in connection with any business engaged in the retail
sale of poisons, or in the dispensing, compounding, or manufacturing of drugs,
poisons or pharmaceutical products, any title, emblem or description which might
reasonably be taken to suggest that he or any person employed by him is a
registered pharmacist or that he is an authorized seller of poisons or that he or any
person employed by him possesses any academic qualification other than the
academic qualifications that he or his employee in fact possesses shall be guilty of
an offence.

(2) For the purposes of this section the terms 'chemist', 'druggist',
'pharmacist', 'pharmaceutical chemist 'pharmaceutist', 'member of the
Pharmaceutical Society', or the Chinese terms (Fa hok sz), (Yeuk sz),
(Yeuk tsai sz), (Yeuk tsai fa hok sz), (Yeuk tsai hok ka), (Yeuk hok
wui wui yuen), or any combination of such terms in any language shall be deemed to
be calculated to suggest that the person having control of the business is a
registered pharmacist or that a registered pharmacist is employed in that business.

(3) For the purposes of this section the terms 'pharmacy', 'dispensary', 'drug-
store' or the Chinese term (Yeuk fong) used in connection with premises
shall be deemed to be calculated to suggest that such premises are premises
registered under this Ordinance as premises of an authorized seller of poisons and
are under the control of a registered pharmacist.

[cf. 1954 c. 61 s. 19 U.K.]

21. Conditions of sale of Part 1 poisons

Subject to sections 28 and 32, no poison included in Part 1 of the Poisons List
shall be sold except on premises duly registered under this Ordinance as premises of
an authorized seller of poisons by a registered pharmacist or in his presence and
under his supervision.

[cf. 1933 c. 25 s. 18(1) (a) U.K.]

22. Limitations on sale of Part 1 poisons

(1) Subject to this Ordinance, no authorized seller of poisons shall sell any
poison included in Part 1 of the Poisons List to any person unless that person is a fit
and proper person to whom the poison may be sold and is either

(a)so certified in writing in the manner prescribed by regulations by a
person authorized by regulations to give a certificate for the purposes
of this section; or

(b)known by the seller or by some registered pharmacist in the
employment of the seller at the premises where the sale is affected.





(2) Every authorized seller of poisons shall keep in each set of registered
premises at which poisons included in Part 1 of the Poisons List are sold a poisons
book.

(3) The seller of any poison included in Part 1 of the Poisons List shall not
deliver it until

(a)he has made or caused to be made an entry in the poisons book
stating the date of the sale, the name and address of the purchaser and
of the person by whom any certificate under subsection (1)(a) was
given, the name and quantity of the article sold, and the purpose for
which it was stated by the purchaser to be required; and

(b)the purchaser has affixed his signature to the entry in the poisons
book and the registered pharmacist by or in the presence of whom the
sale was made has immediately thereafter countersigned such entry.

(4) Any authorized seller of poisons who fails to comply with this section shall
be guilty of an offence and shall be liable on conviction to a fine of $1,000.

[cf. 1933 c. 25 s. 18(2) U.K.]

23. Possession of Part 1 poisons probibited

(1) No person shall have in his possession any poison included in Part 1 of the
Poisons List otherwise than in accordance with the provisions of this Ordinance, the
proof whereof shall lie upon him.

(2) Nothing in this Ordinance shall prohibit the possession by any person of
any poison included in Part 1 of the Poisons List where such poison is obtained in
the circumstances set out in section 28(1)(a), (b), (c) or (d). (Added 45 of 1984 s. 3)

24. Possession of poisons by retailers

Every person other than an authorized seller of poisons or a listed seller of
poisons carrying on a retail business in premises at which poisons are found shall
until the contrary is proved be presumed to have such poisons in his possession for
the purposes of sale.

25. Listed sellers of poisons

(1) The Board shall cause to be kept for the purposes of this Ordinance a list of
persons who, not being authorized sellers of poisons within the meaning of this
Ordinance are, subject to the provisions of this Ordinance, to be entitled to conduct
the retail sale of a class or classes of poisons included in Part 11 of the Poisons List,
and shall cause to be entered on that list of persons the name





of any person who being the occupier of any premises makes an application to
be entitled to conduct the retail sale of that class or those classes of poisons
on those premises and whose application is granted in accordance with this
Ordinance. (Amended50 of 1980 s. 4)
(2) For the purposes of subsection (1) the Board shall cause to be issued
to each listed seller of poisons a licence which shall set out the class or classes of
poisons which that listed seller is entitled to sell.
(3) The Board may direct the Secretary not to enter in, or to remove
from, the list the name of any person who fails to pay the fees prescribed or
who in the opinion of the Board is, for any sufficient reason relating to him
personally or to his premises, not fit to be on the list. In the case of a direction
to remove the name of any person from the list, the Board shall serve a notice
on that person stating its grounds for such removal and advising him of his
right to appeal under subsection (5).
(4) (Repealed 58 of 1986 s. 7)
(5) Any person aggrieved by a direction of the Board under subsection (3)
may, in the prescribed manner, appeal against such decision to the Tribunal.
(Replaced 50 of 1980 s. 4)
(6) Any listed seller of poisons shall be guilty of an offence if he uses in
connection with his business any title, emblem or description reasonably
calculated to suggest that he is entitled to sell any poison other than a poison
which he is under this Ordinance entitled to sell.
[cf. 1933 c. 25 s. 21 U.K.]

26. Conditions of sale of Part H poisons
Subject to sections 28 and 32, no poison included in Part 11 of the Poisons
List shall be sold except by authorized sellers of poisons on premises duly
registered under this Ordinance or by listed sellers of poisons.
[cf. 1933 c. 25 s. 18(1) (b) U.K.]

27. Poisons to he labelled, etc.
No person who is authorized to sell poisons included in either Part 1 or
Part 11 of the Poisons List shall sell any such poison unless the container of the
poison is labelled in accordance with regulations and displays-
(a) the name of the poison;
(b)in the case of a preparation of which one or more of the
ingredients is a poison, particulars as to the proportion each
poison bears to the total of the ingredients in the preparation;
(c)the word 'poison' or such other statement as may be prescribed
in respect of that substance or class of substance;
(d)the name of the seller of the poison and the address of the
premises in which it was sold.
[cf. 1933 c. 25 s. 18(1) (c) U.K.]





28. Exemption with regard to medicines

(1) Except as provided by regulations, nothing in sections 21, 22, 26 and 27
shall apply to- (Amended50 of 1980 s. 5)

(a)a medicine which is supplied by a registered medical practitioner for
the purposes of medical treatment, by a registered dentist for the
purposes of dental treatment or by a duly qualified veterinary
surgeon for the purposes of animal treatment; or

(b)a medicine which, for the purpose of medical treatment, is supplied by
a person who, although not a registered medical practitioner,
practises medicine in a clinic in such circumstances that, by virtue of
section 8(8) of the Medical Clinics Ordinance (Cap. 343), he is not by
reason solely of such practice guilty of an offence under section 28 of
the Medical Registration Ordinance (Cap. 161), if, but only if, the
medicine is supplied by him in the course of his practice in that clinic;
or

(c)a medicine which is dispensed by an authorized seller of poisons on
premises duly registered under this Ordinance; or

(d)a poison forming part of the ingredients of a medicine which is
supplied by an authorized seller of poisons on premises duly
registered under this Ordinance,

if the provisions of this section are satisfied in relation thereto.

(2) The medicine shall be distinctly labelled with the name and address of the
person by whom it is supplied or dispensed.

(3) In the case of medicine referred to in subsection (1)(b), (c) or (d), on the day
on which the medicine is supplied or dispensed, or, if that is not reasonably
practicable, on the day next following that day, there shall be entered in a book
which is used regularly for the purpose, the following particulars- (Amended 58 of
1986 s. 8)

(a) the date on which the medicine was supplied or dispensed;

(b)the ingredients of the medicine and the quantity of the medicine
supplied;

(c)if the medicine was dispensed by an authorized seller of poisons, the
name or initials of the person by whom, and the name, and if it is
known, the address of the person to whom, and the date on which,
the prescription was given.

(3A) In the case of medicine referred to in subsection (1)(a), on the day on
which the medicine is supplied, or, if that is not reasonably practicable, on the day
next following that day, there shall be entered in the record of treatment or other
document relating to the supply thereof the following particulars

(a) the date on which the medicine was supplied;

(b)the name and address of any person to whom or on whose behalf it
was supplied; and





(c)the ingredients of the medicine and the quantity, dosage and duration
of supply. (Added58of 1986s. 8)

(4) The provisions of subsection (3) shall, in the case of a medicine supplied on
a prescription on which the medicine has been supplied by the seller on a previous
occasion, be deemed to be complied with if, when the medicine is supplied, the date
and the quantity supplied are entered in the book on that day or, if that is not
reasonably practicable, on the day next following that day, together with a sufficient
reference to an entry in the book duly recording the dispensing of the medicine on
the previous occasion.

(5) In the case of a medicine which is supplied or dispensed by a person who is
an authorized seller of poisons and is compounded by the person supplying or
dispensing it or by a person in his employment, the medicine shall have been
compounded by or in the presence of and under the supervision of a registered
pharmacist.

[cf. 1933 c. 25 s. 19 U.K.]

28A. Restriction on import and export
of pharmaceutical products

(1) No person shall carry on business as an importer or exporter of
pharmaceutical products unless he is registered under this section.

(2) Applications for registration or renewal of registration under this section
shall be made in the prescribed manner and shall be accompanied by the prescribed
fee.

(3) The Board shall cause a register to be kept in which shall be entered such
particulars as the Board may direct in respect of any person whose application for
registration under this section is granted or renewed.

(4) An application by any person for registration or renewal of registration
under this section may be refused if it appears that, by reason of the inadequacy of
the storage facilities used by such person for the storage of pharmaceutical products
to be imported or exported by him, it would not be in the public interest to grant the
application.

(5) Registration under this section shall be valid for the period beginning on the
date of registration and expiring on 30 June next thereafter, and may be renewed
within 1 month prior to the expiry of that period.

(6) Any person who contravenes subsection (1) shall be guilty of an offence.

(7) Nothing in this section shall

(a)apply to any person licensed under this Ordinance as a wholesale
dealer in poisons;

(b)operate so as to prohibit any person who was carrying on business
as an importer or exporter of pharmaceutical products





prior to the commencement* of the Pharmacy and Poisons
(Amendment) Ordinance 1980 (50 of 1980) from continuing to carry
on such business until the expiration of a period of 6 months after the
commencement of that Ordinance.

(Added50 of 1980 s. 6)

29. Power to make regulations

(1) Subject to the approval of the Legislative Council and to section 31, the
Board may make regulations

(a)prescribing the nature and scope of courses of training and study,
and examinations to be completed by persons to qualify for
registration as pharmacists, and the fees payable in respect of such
courses and examinations;

(aa) prescribing the form of practising certificate for a registered
pharmacist and the fees to be paid on the issue of such certificate;
(Added50 of 1977s. 6)

(ab) the disposal of any fee paid or recovered under this Ordinance;
(Added50 of 1977s. 6)

(b)prescribing the form of certificate of registration as a pharmacist and
the fees to be paid on the issue of such certificate and for the issue of
duplicates of certificates of registration;

(ba) prescribing the procedure to be followed in inquiries held by the
Disciplinary Committee under the provisions of section 16; (Added31
of 1972 s. 6)

(c)regulating the making and determination of applications under
section 13 in respect of the registration of premises, providing for
appeals and prescribing the form of any certificate of registration
issued under that section; (Replaced 58 of 1986 s. 9)

(ca) prescribing fees for the registration of premises under section 13 and
for the retention of premises on the register of premises in each year
subsequent to the year of first registration and upon a change of
name, ownership or any other particulars relating to the premises;
(Added 58 of 1986 s. 9)

(cb) prescribing the form of logo under section HA; (Added 58 of
1986s.9)

(d)dispensing with or relaxing all or any of the provisions of sections 22,
27 and 28;

(e)dispensing with or relaxing with respect to poisons any of the
provisions of this Ordinance relating to the sale of poisons;

1. 1. 1981





(ea) exempting any article or substance from the provisions of this
Ordinance; (Added45 of 1975s. 2)

(f)prescribing the form of certificates to be given to persons to whom a
poison included in Part 1 of the Poisons List may be sold, and
specifying the class of persons authorized to make such certificates;

(g)prescribing the form of a book to be kept for the recording of the
sales of poisons in Part 1 of the Poisons List;

(ga) regulating the making and determination of applications under
section 25(1) in respect of the entering of names on the list kept under
that section and providing for appeals against refusals of such
applications; (Added50 of 1980s. 7)

(h)providing for the licensing of wholesale dealers in poisons and for
appeals against any refusal, revocation or suspension of a licence for
wholesale dealers in poisons under such regulations; (Replaced 50
of 1980 s. 7)

(ha) providing for the keeping of such registers or records by wholesale
dealers in poison as maybe prescribed; (Added45 of 1975s. 2)

(i)regulating and controlling the sale of poisons included in Part 11 of
the Poisons List by listed sellers of poisons, prescribing fees for the
making of entries in and alterations to the list of listed sellers of
poisons, for the retention of the name of any person on that list for
any year subsequent to that of the first entry, and for a change of
ownership or address of the business;

(j)providing for the licensing of manufacturers and for appeals against
any refusal, revocation or suspension of a licence for manufacturers
under such regulations; (Replaced 50 of 1980 s.7)

(ja) providing for the control of the manufacture of pharmaceutical
products and poisons; (Added45 of 1975s. 2)

(k)providing for the regulation of the type of containers in which
various poisons or classes of poisons may be stored or sold and for
the labelling of containers in which such poisons are sold;

(1)providing for the regulating of the storage and transport of medicines
and poisons;

(m)prescribing fees for the licensing of wholesale dealers in poisons and
of manufacturers;

(n)prescribing, for the purposes of this Ordinance, the veterinary
training institutions or examining bodies the certificates or diplomas
of which shall entitle the holders of the same to be recognized as duly
qualified veterinary surgeons;

(o)generally providing for the regulating and controlling of the selling,
purchasing, compounding and dispensing of poisons and

medicines;(Amended31 of 1972s. 6)





(p)providing for the licensing of retail sellers of pharmaceutical products
who are not authorized sellers of poisons or listed sellers of poisons;

(q)providing for the registration of pharmaceutical products
manufactured in or imported into Hong Kong and for the payment of
fees in respect thereof, and for appeals against any refusal, revocation
or suspension of such registration under such regulations; (Replaced
50 of 1980s. 7)

(qa) providing for the provisional registration of pharmaceutical products
and the conduct of clinical trials on human beings and medicinal tests
on animals, and for the issue of certificates and duplicate certificates
and the payment of fees in respect thereof, (Added50 of 1980s. 7)

(qb) providing for the registration of persons carrying on business as
importers or exporters of pharmaceutical products and for the
payment of fees in respect thereof, and for appeals against any
refusal, revocation or suspension of such registration under such
regulations; (Added50 of 1980s. 7)

(r)prescribing a list of poisons, to be called the Poisons List, which list
shall have 2 divisions to be known as Part I and Part 11 respectively.

(IA) Any regulations made under subsection (1)(aa) may prescribe different
fees to be payable by different categories of pharmacists. (Added50 of 1977 s. 6)

(2) A regulation made under this section may provide that a contravention
thereof shall be an offence and may prescribe penalties for such offence not
exceeding the penalties specified in section 34. (Added 45 of 1975 s.2)

[cf. 1933 c. 25 s. 23 U.K.]

30. Pharmacy and Poisons Appeal Tribunal

(1) There shall be a Pharmacy and Poisons Appeal Tribunal (in this Ordinance
referred to as 'the Tribunal') with jurisdiction to hear and determine

(a)any appeal against a decision of the Board under section 13(3) or (7);
(Replaced 58 of 1986 s. 10)

(aa) any appeal against a direction of the Board under section 25(3);
(Added 58 of 1986s. 10)

(b) any appeal against-

(i) a decision of a committee of the Board in respect of which
provision authorizing such appeal is made in regulations under
section 29; or





(ii) a decision of the Board in the performance by the Board under
section 4A(8) of any function of a committee of the Board
which, if made by the committee in exercise of such functions,
would be a decision to which subparagraph (i) applies.

(2) The Tribunal shall consist of

(a)the following persons appointed by the Governor to be members
thereof

(i) a legally qualified person who shall be the chairman of the
Tribunal;

(ii) a registered medical practitioner;
(iii) a registered pharmacist;

(iv) a person qualified in pharmacology;

(b)such person from the panel referred to in subsection (3)(a) as
the Director may nominate from time to time to act as a member
representing pharmacists' associations;

(e)such person from the panel referred to in subsection (3)(b) as
the Director may nominate from time to time to act as a member
representing the pharmaceutical industry; and

(d)such person from the panel referred to in subsection (3)(c) as
the Director may nominate from time to time to act as a member
representing the retail pharmaceutical trade.

(3) For the purposes of subsection (2)(b), (c) and (d), the
Governor may appoint

(a)a panel consisting of persons nominated by pharmacists'
associations;

(b)a panel consisting of persons nominated by pharmaceutical
industry associations; and

(c)a panel consisting of persons nominated by the retail pharmaceutical
trade associations,

and may at any time terminate any such appointment or make any alternative or
additional appointment as he may deem fit.

(4) A person appointed to be a member of the Tribunal under subsection
(2)(a) shall hold office for such period not exceeding 3 years as the Governor
may determine, and may resign at any time by notice in writing addressed to the
Governor.

(5) A person nominated by the Director to act as a member of the Tribunal
under subsection (2)(b), (c) or (d) shall hold such office during any period
for which he is so nominated to act, and such person may resign from the panel of
which he is a member at any time by notice in writing addressed to the Governor.

(6) If the chairman of the Tribunal is unable to attend at the hearing of any
appeal, such other member of the Tribunal appointed under subsection





1989 Ed.] Pharmacy and Poisons [CAP. 138 27

(2)(a) as the Director may designate to act as chairman shall preside at the hearing.

(7) The Tribunal may act notwithstanding any vacancy in its membership and,
for the purpose of hearing and determining any appeal under this section, the
Tribunal shall be duly constituted if it consists of the chairman (or the member
designated under subsection (6) to act as chairman) and not less than 2 other
members sitting together throughout the hearing and determination

(7A) Where

(a)a member resigns, or his term of office expires, and he is not
immediately reappointed to be or renominated to act as a member of
the Tribunal; and

(b)at the time of the member's resignation or expiry of his term of office
the hearing of an appeal under this section is continuing,

then for the purpose of hearing and determining the appeal-
(i) the member shall continue to hold office; and

(ii) the appointment or nomination of any person to the office previously
held by the member shall take effect subject to this subsection.
(Added 6 of 1989 s. 2)

(7B) Where

(a)at the date of the commencement of the Pharmacy and Poisons
(Amendment) Ordinance 1989 (6 of 1989) the hearing of an appeal
under this section is continuing; and

(b)a member of the Tribunal hearing the appeal resigned or his term of
office expired after the commencement of the hearing,

then for the purpose of hearing and determining the appeal the member shall be
deemed to continue to hold office until the appeal is determined; and the
appointment or nomination of any person to the office previously held by the
member shall have effect subject to this provision. (6 of 1989 s. 3 incorporated)

(8) The Tribunal may examine any person as a witness on oath or otherwise,
and may summon any person to attend and give evidence or to produce any
document relating to any appeal before the Tribunal, as the Tribunal may deem
necessary for the determination of the appeal.

(9) In determining any appeal under this section, the Tribunal may dismiss the
appeal or allow the appeal wholly or in part, and may, subject to regulations made
under subsection (10), in either case give such reasons for its decision as it may
deem fit.

(10) The Governor may make regulations

(a)regulating appeals under this section and the practice and procedure
of the Tribunal;

(b)prescribing fees in respect of such appeals and matters connected
therewith.





28 CAP. 1381 Pharmacy and Poisons [1989 Ed.

(11) In this section 'the Director' means the Director of Health.
(AmendedL.N. 76 of 1989) (Added50 of 1980 s. 8)

30A. Right of appeal to High Court

Any person whose appeal is dismissed or allowed in part only by the Tribunal
under section 30 may, not later than 28 days after the decision of the Tribunal,
appeal to the High Court against that decision, and the decision of the High Court
shall be final.

(Added50 of 1980s. 8)

31. Poisons Committee

(1) For the purposes of advising the Board on the classification and distribution
of poisons in Part 1 and Part II of the Poisons List and matters relating to the control
of the manufacture and distribution of poisons and pharmaceutical products, there
shall be a Poisons Committee consisting of

(a)the registered medical practitioners appointed under section 3(2)(h)
and (i); and

(b)5 other members of the Board appointed by the Board, including 2 of
the members appointed under section 3(2)(g).

(2) In determining the distribution of poisons in Part 1 and Part 11 of the
Poisons List the Board shall, after considering the advice of the Poisons Committee,
have regard to the desirability of restricting to Part II substances which are in
common use, or are likely to come into common use, and which it is reasonably
necessary to include in the said Part II if the public are to have adequate facilities for
obtaining them.

[cf. 1933 c. 25 ss. 16 & 17 U.K.]

32. Exemption with respect to sales wholesale

and sales to certain persons

Except as provided by regulations, nothing in this Ordinance shall extend to or
interfere with

(a) the sale of poisons by way of wholesale dealing; or

(b)the sale of poisons to be exported by a person registered as an
exporter of pharmaceutical products under section 28A or licensed
under this Ordinance as a wholesale dealer in poisons to purchasers
outside the Colony; or (Amended50 of 1980s. 9)

(c)the sale of a substance to a registered medical practitioner, registered
dentist or duly qualified veterinary surgeon for the purpose of his
profession; or





(d) the sale or supply of a substance for use in or in connection with
an institution; or
(e) the sale of a substance by a person carrying on a business, in the
course of which poisons are regularly sold to either---
(i) a person who requires the substance for the purpose of his
trade or business; or
(ii) a Government department or an officer of the Crown re-
quiring the substance for the purpose of the public service;
or
(iii) a person or institution concemed with education or scientific
research, if the substance is required for the purposes of that
education or research.
[cf. 1933 c. 25 s. 20 U.K.]

33. Offences
(1) Any person who contravenes section 21, 23, 26, 27 or 28 shall be
guilty of an offence.
(2) In the case of proceedings against a person under this Ordinance for
or in connection with the sale, exposure for sale or supply of a poison effected
by an employee-
(a) it shall not be a defence that the employee acted without the
authority of the employer; and
(b) any material fact known to the employee shall be deemed to have
been known to the employer.
(3) Notwithstanding any provision in any Ordinance prescribing the
period within which summary proceedings may be commenced, proceedings for
an offence under this Ordinance may be commenced at any time within the
period of 12 months next after the date of the commission of the offence.
[cf. 1933 c. 25 s. 24 U.K.]

34. Penalties

Any person who is guilty of an offence under this Ordinance shall, unless a
penalty is otherwise expressly provided, be liable on conviction to a fine of
$10,000 and to imprisonment for 12 months, and to a further fine of $1,000 for
every day during which the offence continues subsequent to the day on which he
was convicted of such offence.
(Amended 31 of 1972s. 7)
[cf. 1933 c. 25 s. 24 U.K.]

35. Inspection and enforcement of Ordinance

(1) The Chairman may authorize in writing any public officer to be an
inspector for the purposes of this Ordinance.





(2) An inspector authorized under this section shall, for the purpose of
enforcing the provisions of this Ordinance, have power- (Amended 45 of
1975s.3)
(a) at all reasonable times to enter-
(i) any premises which are on the register of premises; and
(ii) any premises at which any listed seller of poisons carries on
business; and
(iii)the premises of a person licensed to sell or supply poisons
wholesale on such premises in accordance with regulations
made under section 29; and
(iv)any premises where the dispensing or manufacturing of
pharmaceutical products is carried on;
(b)upon the production of his authority as an inspector, at any time
to enter and search any place and to stop, board and search any
vessel, vehicle, train or aircraft in which he has reason to suspect
that an offence under this Ordinance is being or has been
committed;
(c)in any premises entered pursuant to paragraph (b), to seize and
detain any article, document or thing which appears to him to be
or to contain evidence of an offence against this Ordinance;
(d)to make such examination and inquiry and to do such other
things, including the taking, on payment therefor, of samples, as
may be necessary for the purposes of the inspection;
(e)to seize and detain any substance or article consisting of or
containing any poison which he has reasonable cause to suspect
is in the possession of any person in contravention of section 23.
(3) Any person who wilfully delays or obstructs an inspector in the
exercise of any powers under this section, or refuses to allow any sample to be
taken in accordance with this section, or fails without reasonable excuse to give
any information which he is duly required under this section to give shall be
guilty of an offence.
(4) Any person appearing to an inspector to be in charge of premises
where a business which includes the sale of poisons is conducted shall be guilty
of an offence if, without reasonable excuse, he fails to disclose particulars
sufficient to identify the owner of the business upon being required so to do by
the inspector.
(5) Nothing in this section shall authorize an inspector appointed under
this Ordinance to enter or inspect the premises of a registered medical
practitioner, a registered dentist or a duly qualified veterinary surgeon, other
than those premises where the dispensing, manufacturing or compounding of
pharmaceutical products is carried on.
[cf. 1933 c. 25 s. 25 U.K.]





36. Forfeiture

(1) Any magistrate may, on application by the Crown, order to be forfeited any
pharmaceutical product or medicine or any substance or article consisting of or
containing any poison with respect to which any offence under this Ordinance has
been committed, whether any person has been convicted of such offence or not, and
upon the making of any order of forfeiture such substance or article shall be deemed
to be the property of the Crown free from all rights of any person. (Amended 58 of
1986s.11)

(2) In any proceedings on application under subsection (1), any statement or
other indication of the nature of any substance or article written upon or attached to
any substance, article or container shall, until the contrary is proved, be deemed to
be a true description of the substance or article or of the contents of the container,
as the case may be.

37. Ordinance not to apply to traditional

Chinese medicines

Nothing in this Ordinance shall apply to the sale, manufacturing,
dispensing or compounding of traditional Chinese medicines as listed in the
Chinese Herbal Materia Medicaor which are made from herbs
customarily used by the Chinese people.

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