UNDESIRABLE MEDICAL ADVERTISEMENTS ORDINANCE

UNDESIRABLE MEDICAL ADVERTISEMENTS ORDINANCE

LAWS OF HONG KONG

UNDESIRABLE MEDICAL ADVERTISEMENTS

ORDINANCE

CHAPTER 231



REVISED EDITION 1988

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER
HONG KONG





CHAPTER 231

UNDESIRABLE MEDICAL ADVERTISEMENTS

To restrict certain advertisements relating to medical matters.

[1 April 1953]

Originally 4 of 1953 L.N. 100/68, 70 of 1980, 65 of 1988

Short tide

1. This Ordinance may be cited as the Undesirable Medical Advertisements
Ordinance.

Interpretation

2. In this Ordinance, unless the context othewise requires

'advertisement' includes any notice, poster, circular, label, wrapper or document,
and any announcement made orally or by any means of producing or
transmitting light or sound;

'medicine' includes any kind of medicament or other curative or preventive
substance, and whether a proprietary medicine, a patent medicine, or purported
natural remedy.



Prohibition of advertisements relating to certain diseases;
exceptions therefrom

3. (1) No person shall publish, or cause to be published, any advertisement
likely to lead to the use of any medicine, surgical appliance or treatment for

(a) the purpose of treating human beings for, or preventing human beings
from contracting, any disease or condition specified in column 1 of
Schedule 1, except for a purpose (if any) specified in column 2 of that
Schedule; or

(b) treating human beings for any purpose specified in Schedule 2.

(Replaced, 65 of 1988, s. 2)

(2) Subsection (1) shall not apply to an advertisement published by or with the
authority of the Director of Medical and Health Services to an advertisement duly
authorized by an officer of Her Majesty's forces for dissemination only amongst
members of Her Majesty's forces.

(3) Where, in an advertisement published in contravention of subsection (1), a
person named in that advertisement is held out

(a)as being a manufacturer or supplier of medicine or surgical appliances; or

(b) as being able to provide any treatment,

that person is presumed, until the contrary is proved, to have caused the

advertisement to be published.(Added, 65 of 1988, s. 2)





(4) Where an advertisement published in contravention of subsection (1) gives
the name, address or telephone number of, or indicates some other means of
contacting, a person, and that person

(a) manufactures or supplies medicine or surgical appliances; or

(b) provides any treatment,

that person is presumed, until the contrary is proved, to have caused the
advertisement to be published. (Added, 65 of 1988, s. 2)

(5) For the purposes of subsection (1) neither of the following shall constitute
the publication of an advertisement

(a) the sale or supply, or exposure for sale or supply, of any(i) medicine; (ii)
surgical appliance; or (iii) treatment, in a labelled container or package;

(b)the supply, inside any container or package containing any medicine,
surgical appliance or treatment, of information relating to that or any other
medicine, surgical appliance or treatment. (Added, 65 of 1988, s.2)

(6) Subsection (5) shall cease to have effect on the commencement* of Part 11
of the Undesirable Medical Advertisements (Amendment) Ordinance 1988 (65 of
1988). (Added, 65 of 1988, s. 2)

Restrictions affecting labelled containers and packages

3A. (1) Except with the authority of the Director of Medical and Health Services,
no person shall sell or supply, or expose for sale or supply, any medicine, surgical
appliance or treatment in a labelled container or package if that labelled container or
package is likely to lead to the use of that medicine, surgical appliance or treatment
for treating human beings for any purpose specified in Schedule 3.

(2) Subsection (1) shall not apply to a sale or supply, or exposure for sale or
supply, to a member of Her Majesty's forces, of a medicine, surgical appliance or
treatment in a labelled container or package if an officer of Her Majesty's forces has
authorized the sale or supply, to such a member, of that medicine, surgical appliance
or treatment in that labelled container or package.

(3) This section shall cease to have effect on the commencement of Part 11 of
the Undesirable Medical Advertisements (Amendment) Ordinance 1988. (Added, 65 of
1988, s. 3)

Prohibition of advertisements relating to abortion

4. (1) Subject to subsection (2), no person shall in any manner write, print, or
publish or cause to be written, printed or published any advertisement

* 15.8.1990 -L.N. 219188.





(a) offering to procure the miscarriage of women;

(b) canvassing the procuration of miscarriage of women;

(e) inviting or inducing the procuration of miscarriage of women; or

(d)referring to any thing whatsoever, in terms which are calculated to lead to
the use of that thing for the procuration of miscarriage of women.

(2) Subsection (1) shall not apply to an advertisement published by or with the
written authority of the Director of Medical and Health Services.

(3) Where, in an advertisement published in contravention of subsection (1), a
person named in that advertisement is held out

(a)as being a manufacturer or supplier of medicine or surgical appliances; or

(b) as being able to provide any treatment,

that person is presumed, until the contrary is proved, to have caused the
advertisement to be published. (Added, 65 of 1988, s. 4)

(4) Where any advertisement published in contravention of subsection (1)
gives the name, address or telephone number of, or indicates some other means of
contacting, a person, and that person

(a) manufactures or supplies medicine or surgical appliances; or

(b) provides any treatment,

that person is presumed, until the contrary is proved, to have caused the
advertisement to be published. (Added, 65 of 1988, s. 4)

(Replaced, 70 of 1980, s. 2)

Certain defences; provision as to native herbalists

5. (1) In any proceedings for a contravention of section 3 or 4, it shall be a
defence to prove that the advertisement to which the proceedings relate was made
only in a publication of a technical character intended for circulation mainly
amongst persons of the following classes, or of one or some of them

(a)medical practitioners registered under the Medical Registration Ordinance
(Cap. 161), or persons deemed to be medical practitioners under section 29
thereof,

(b)pharmacists registered under the Pharmacy and Poisons Ordinance (Cap.
138);

(c)the professional staff of hospitals, nursing homes, Ieprosaria or mental
hospitals;

(d)persons of Chinese race practising medicine or surgery as herbalists
according to purely Chinese methods in accordance with section 3 1 (1) of
the Medical Registration Ordinance.





(2) Nothing in the provisions of section 31 of the Medical Registration
Ordinance shall be taken to permit any native herbalist or other person to take any
part in an advertisement infringing the provisions of this Ordinance, except to the
extent of the defence provided for in subsection (1).

Penalty

6. Any person who contravenes the provisions of section 3, 3A or 4 shall be
guilty of an offence and shall be liable upon a first conviction to a fine of $10,000
and upon a second or subsequent conviction to a fine of $25,000 and imprisonment
for 1 year.

(Amended, 65 of 1988, s. 5)

Power to amend Schedules

7. The Governor in Council may, by order published in the Gazette, amend the
Schedules.

(Added, 65 of 1988, s. 6)

SCHEDULE 1 [s. 31

DISEASES AND CONDITIONS IN RESPECT OF WHICH
ADVERTISEMENTS ARE
PROHIBITED OR RESTRICTED

Column 1 Column 2

Disease Purposes for which

or condition advertising is permitted

1 . Any benign or malignant tumour. None.
2. Any viral, bacterial, fungal or other Treatment or prevention of minor cutaneous
infectious disease, includinginfections where a medicinal product is to be
tuberculosis, dysentery, hepatitis andadministered to an external surface of the body,
leprosy. including treatment by means of preparations
for the relief of pruritus or exanthematous rashes
of childhood infection.
Relief of symptoms of aphthous ulcer.
Relief of symptoms of common colds, coughs,
conditions commonly referred to as influenza
and similar upper respiratory tract infections.
Treatment of minor acute inflammatory
conditions of the buccal cavity and pharynx.

3. Any parasitic disease.Treatment of scabies or an infestation by
threadworms, lice or roundworm, provided that
the advertisement consists solely of a labelled
container or package in which a medicine,
surgical appliance or treatment is supplied.
4. Any venereal disease, including None.
syphilis, gonorrhoea, soft chancre,
lymphogranuloma vencrum, genital
herpes, genital warts, urethritis,
vaginitis, urethral or vaginal discharge,
acquired immunodeficiency syndrome
(AIDS), and any other sexually
transmitted disease.
5. Any respiratory disease, including Temporary relief of symptoms of hay fever,
asthma, bronchitis, and pneumonia.rhinitis or catarrh.

Relief of blocked-up sinuses.





Column 1 Column 2
Disease Purposes for which
or condition advertising is permitted

6. Any disease of the heart or None.
cardiovascular system, including
rheumatic heart disease,
arteriosclerosis, coronary artery
disease, arrythinias, hypertension,
cerebroyascular disease, congenital
heart disease, thrombosis, peripheral
artery disease, oedema, retinal vascular
change and peripheral venous disease.

7. Any gastro-intestinal disease, including Relief of such symptoms as are commonly
gallstone, cirrhosis, gastro-intestinalreferred to as indigestion, heartburn,
bleeding, diarrhoea, hernia, hyperacidity, dyspepsia, halitosis (bad breath) or

fistula-in-ano and haemorrhoids. flatulence.

Symptomatic relief of colicky pain, stomach
ache or nauseau.

Relief of occasional or non-persistent
diarrhoea or constipation.

Prevention of travel sickness or
related symptoms.

Treatment of haemorrhoids for relief of
symptoms by means of locally effective
preparations or stool-softening agents
and lubricants.

8. Any disease of the nervous system, Symptomatic relief of headaches.
including epilepsy, mental disorder,
mental retardation and paralysis.
9. Any disease of the genito-urinary None.
system, including kidney stone,
nephritis, cystitis, any prostatic
disease and phimosis.

10. Any disease of the blood or lymphatic Prophylactic administration of minerals and
system, including anemia neck glands,vitamins to avoid deficiency states in persons
bleeding disorders, leukemia and otherwith inadequate diet or with increased dietary
lympho-proliferative diseases. requirements.

11. Any disease of the musculo-skeletal External preparations for the relief of
symptoms
system, including rheumatism, arthritisof muscular pain and stiffness and cramp.
and sciatica.

12. Any endocrine disease, including Provision of dietary supplements.
diabetes, thyrotoxicosis, goitre and
any other organic or functional
condition related to under or over
activity of any part of the system.

13. Any organic condition affecting sight, Relief of symptoms by means of the local
hearing or balance. administration of eye preparations.

Relief of symptoms by means of local
administration of preparations as a
solvent for ear wax.
14. Any disease of the skin, hair or scalp.Prevention or treatment of dandruff by means
of external applications.

Treatment, where applied to an external
surface of the body, of pimples, eczema, skin
allergies and athlete's foot.

Prevention or treatment of contact
dermititis and sunburn by means of
protective applications.





6 CAP. 2311 Undesirable Medical Advertisements [1988 Ed.

Column 1 Column 2
Disease Purposes for which
or condition advertising is permitted

Treatment of hard skin and corns by means
of the application of corn plasters or
solvents.

Relief or prevention of common minor skin
conditions including dry and chapped skin, cold
sores, pruritus, insect bites, heat rash and
napkin rash.

(Schedule 1 added, 65 of 1988, s.
8)

SCHEDULE 2 [s. 3]

PURPOSES FOR WHICH IT IS PROHIBITED To ADVERTISE ANY
MEDICINE, SURGICAL APPLIANCE OR TREATMENT

1. The induction of menstruation or relief of amenorrhea or delayed menstruation or any
other gynaecological or obstetrical disease.

2. The promotion of sexual virility, desire or fertility, or the restoration of lost youth.

3. The correction of deformity or the surgical alteration of a person's appearance.

(Schedule 2 added, 65 of 1988, s.
8)

SCHEDULE 3 [s. 3A]



PURPOSES FOR WHICH ADVERTISEMENTS ARE PROHIBITED
(Replaced, 65 of 1988, s.
7)

1. The prevention, relief or cure of any venereal real disease, that is to say, syphilis,
gonorrhoea, soft chancre, or other genito-urinary diseases in any of their forms.

2. The prevention, relief or cure of Bright's disease, cancer, consumption or tuberculosis,
leprosy, lupus, diabetes, epilepsy or fits, locomotor ataxy, paralysis or infantile paralysis.

3. The prevention, relief or cure of arterio-sclerosis, septicaemia, diphtheria, dropsy,
erysipelas, gallstones, kidney stones and bladder stones, goitre, heart disease, tetanus or lockjaw,
pleurisy, pneumonia, scarlet fever, smallpox, trachoma, amenorrhoea, hernia or rupture, or
blindness.

4. The prevention or cure of any structural or organic ailment of the auditory system.

5. The cure of any habit associated with sexual indulgence, or the prevention, relief or cure
of any ailment associated with those habits, or the promotion of sexual virility, desire or fertility,
or the restoration or stimulation of the mental faculties or lost youth. (Amended, L.N. 100/68)

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