PHARMACY ORDINANCE, 1908

PHARMACY ORDINANCE, 1908

No. 11 of 1908, repealed by No. 8 of 1912 s. 87.

No. 12 of 1908.
To provide for the registration of Chemists and Druggists, and to
regulate the sale of Poisons. [26th June, 1908.]

1. The Pharmacy Ordinance 1908. *

2. In this Ordinance ---registered persons--- mean all persons
registered under this Ordinance.

3. No person shall sell or keep an open shop for retailing, dis-
pensing, or compounding poisons, or shall take, use, or exhibit the
name or title of chemist and druggist or chemist or druggist, unless
such person is a duly registered pharmaceutical chemist or chemist
and druggist tinder the Pharniacy Act, 1868, or a duly registered
pharmaceutical chemist within the ineaning. of the Pharmacy Act
(Ireland) 187-5, and registered under this Ordinance, or shall take,
use, or exhibit the naine or tithe of pharmaceutical chemist, pharma-
ceutist or pharmacist, unless such person is a duly registered pbar-
inaceutical chemist urider the said Pharmacy Act, 1866, or a duly
registered pharmaceutical chemist within the mcanim, of the Phar-
macy Act (lreland), 1875, and registered under this Ordinance, or
has been duly registered lit the inanner hereinafter provided.

4. When any person who at the time of the passing of this Ordi-
narice is in practice as a chemist and druggist and has satisfied the
Governor of his skill and competency to conduct the business of a
chemist or druggist, or when any person although not duly registered
under the said Pharmacy Act, 1868, or the Pharmacy Act (Ireland),
1875, shall prove to the satisfaction oil the Governor that he possesses
a similar qualification of some legally recognised British or foreign
smi 10 1 t~
pharmaceutical institution or examining body, or has passed through
a. course of study and examination similar to the course of study and
examination required for registration under the said Pharmacy Acts,
the Governor may cause such person to be duly registered as a phar-,
maceutical. chemist and druggist.

5. Nothing hereinbefore contained shall extend to -or interfere
with the business of wholesale dealers duly licensed under this

As amended by No. 50 of 1911.
As aincLid~d by No. 9 of 1910 and No. 12 of 1912.
As amended by No. 9 of 1910.





Ordinance in supplying poisions in the ordinary course of wholesale
dealing, but subject nevertheless to any condition that may be im-
posed under their licences.

6. The Governor-in-Council may make regulations for any of the
following purposes :-
(a). prescribing the character and scope of the course of study and
examination required to have been passed by applicants for registra-
tion tinder section 4;
(b) the appointmeid of examiners tor the purposes of sneh exami-
itation and the fees payable by the applicants in respect of such
examination;

(c) the issne of certificates by such examiners;

(d) the amount of the fee (if any) payable on registration
1 n
(c)the keeping, dispensiong, and selling of polsons by registered
persons;
the issue of licences to wholesale dealers for supplying poisons
m
in the ordinary coarse of wholesaic dealing togethet. with the condi-
tionb. on which such licences are granted ;

(g) the payment of fees in respect of licences granted to wholesale
dealers; .

(h) the regualation of the sale, possession, importation and exporta
c
tion of poisons;

W the imposition of penalties not exceeding 500 dollars on the
violation of any of the conditions embodied in such licences or other-
wise on breach of any regulation made in pursitance of this section,
and the mode of recovery of the same,;

(j) generally for carrying ont this Ordinance.

7. The Colonial Secretary shall keep a register of all persons
entitled to be registered tinder this Ordinance in such form as he may
deem proper and make the necessary alterations therein, and a copy
of such register shall be published annually in the Gazette.

8. No recistered person shall cornpound any medicine of the
C
British Pharmacopeeia except according to the formularies thereof.

As amended by No. 9 of 1910, No. 50 of 1911, No. 12 of 1912,
. No. 13 of 1912 and No. 21 of 1912.
As amended bY No. 50 of 1911 and No. 12 of 1912.
As amended by No. 13 of 1912.





9. The several articles named or described in schedule A are de-
clared to be poisons within the meanino, of this Ordinance, and the
Governor-in- Council may amend the schedule by adding thereto or
removing therefrom any article or by transferring any article from
one part of the schedule to the other part, and any such amendment
shall be published in the Gazette.

10. It shall be unlawful to sell any poison, either by wholesale or
by retail, unless the box, bottle, vessel, wrapper, or cover in which
such poison is contained be distinctly labelled in English and Chinese
with the name of the article and the word 'Poison', and with the
name and address of the seller of the poison; and it shall be unlawful
to sell any of the poisons which are specified in the first part of
schedule A, or may hereafter be added thereto under section 9, to
any person unknown to the seller, unless introduced by some person
known to the seller, and on every sale of any such article the seller
shall, before delivery, make or cause to be made an entry in a book
to be kept for that purpose stating, in the form set forth in schedule
B, the date of the sale, the name and address of the purchaser, the
narme and quantity of the article sold, and the purpose for which it
is stated by the purchaser to be required, to which entry the signa-
ture of the purchaser and of the person, if any, who introduced him
shall be affixed.

For the purposes of this section the person on whose behalf any
-- 1
sale 's made by any apprentice or servant shall be deemed to be the
seller.

11. The provisions of the last section shall not apply-

(1) to wholesale dealers in the ordinary course of whosesale deal-
ing who may be licensed by regulation of the Governor-in-Council
under section 6, provided always that poisons sold by such wholesale
dealers be labelled with the name of the article and the word
Poison--- in English and Chinese; or

(2) to an article when forming part of the ingredients of any
y ty
medicine dispensed by re istered persons ; or
1 9
(3) to any medicine supplied-
(a.) by a medical practitioner to his patient ; or

As amended by No. 9 of 1910, No. 50 of 1911, No. 12 of 1912 and
No. 13 of 1912.
As amended by No. 50 of 1911, No. 12 of 1912 and No. 13 of 1912.
As amended by No.. 50 of 1911 and No. 12 of 1912.





(b) by any duly qualified licentiate of the Hongkong College of
Medicine to his patient; or

(c) to his patient by such other person holding such diploma of
some legally recognised British or foreign medical institution or
examining body as may be approved by the Governor; or

(d) for animals under his care by any nieinber of the Royal
College of Veterinary Surgeons of Great Britain or by such other
person holding such diploma of some legally recognised British or
foreign veterinary institution or examining body as niav be approved
by the Governor:

Provided that such medicine is labelled.with the name and
address of such seller and the ingredients thereof be entered, with
the Dame of the person to whom it is sold or delivered, in a book to
be kept by the seller for that purpose.

12. The G-overnor-in-Councll may direct the name of any person
who is convicted of an offence against this Ordinmice which in his
opinion renders him unfit to be on the register to be erased from
such register, and the Colonial Secretars. shall erase the same
accordingly, and shall publish a notice 'to stich effect in the
Gazette. .

13. Any person convicted of an offence-

(a) against section 3 or 10, shall be liable to a fine not exceeding
50 dollars for the first offence, and riot exceedino, 100 dollars for the
second or any subsequent offence;

(b) against section 8, shall be liable to a fine not- exceeding 50
dollars.

Such fines shall be recoverable summarily ; but nothing in this
Ordinance shall prevent any person from being liable to any other
penalty, damages, or punishment to which he would have been
.subject if this Ordinance had not been passed.
Is. 14, rep. No. 12 of 1912.]

15. Nothing in this Ordinance shall be construed as affecting the
provisions of the Opium Ordinance, 1909.

As amended by No. 30 of 1911, No. 12 of 1912 and No. 13 of 1912.
As amended by No. 9 of 1910 and Xio. 12 of 1912.





SCHEDULE A.
The artieles herein described are herebY declared to be poisons under section 9



SCHEDULE B.



[4th June, 1910.]
2. In this Ordinance ---poison---means any article named or des-
cribed in schedule A of Ordinance No. 12 of 1908 which is named.
or described in the schedule to this Ordinance. Provided that it

Ordinance No. 9 of 1910 was, by section 1 thereof, amalgamated
with No. 12 of 1908.
Added by G. N. 9-4 of 1910.
Added by G. N. 80 of 1912.
+ As aniended by No. 13 of 11912.
Added by G. N. 201 of 1910.
As aniended by No. 13 of 1912 and No. 43 of 1912 Supp. Sched.





shall be lawful for the Legislative Council at any time by resolu-
tion to declare as follows:-

(a) that any article named and described in the said schedule A
shall be deemed to be a poison for the purposes of this Ordinance;

(b) that any article named and described in the schedule to this
Ordinance may be removed therefrom.

3. (1) Whenever it appears to any Justice of the Peace upon the
oath of any person that there is reasonable cause to believe that in
any dwelling-house, shop, or other building or place, or on board
any ship, not being or having the status of a ship of war, within
the Colony, there is concealed or deposited any poison as defined by
section 2 m respect of which an offence has been committed against
Ordinance No. 12 of 1908, or that. any person has conirnitted an
offence against such Ordinance, lie rnay by his warrant direeled to
any officer of police empower such officer by day or bY night-

(a) to enter such dwelling-house, shop, or other building or place,
or to go on board such ship, and there to search for and take
possesion of any such poision in such dwelling-house ,shop,build-
ing, place, or ship;and

(b) to arrest any person being in such dwelling-house shop, or
other buildirlg, or place, or ship, in whose possession, custody or
control such poison may be found, or whoin sneh officer may reason-
ably suspect to have concealed or deposited any such poison in such
dwell ing-bortse, shop, building, place, or ship or thereabout ; and

(c) to arrest any
j person named In such warrant.

(.2) ---Officer of police ' in this section shall be deenied to include
any European revenue officer holding a warrant under section 66
of the Liquors Consolidation Ordinance, 1911.

4. Such officer may, if necessary-
(a) break. open any outer or inner door of such dwelling-house,,
ship, or other building, or place, and enter therein;
(b) forcibly enter such ship and every part 'thereof';
(c) remove by force any obstruction to such entry, search,
seizure and removal as he is empowered to effect.

As amended by No. 29 of 1910, No. 50 of 1911, No. 51 of 1911,
No. 12 of 1912, No. 13 of 1912 and No. 43 of 1912 Supp.
Sched.
As ainended by No. 12 of 1912.





(d) detain every person found in such dwelling-house, shop,
building, or place, or on board such ship, until such place or. ship
has been searched;
(c) seize and detain any such poison found in such place or ship:
and
(f) seize and detain any such poison found in the possession of
any of the persons against whom his warrant has been issued in any
place whatsoever within the Colony.

5. All informations to be laid, and all warrants to be issued, and
all arrests and seizures to be made under this Ordinance may be
had or done on any day including holidays.

6-W Every person who shall in contravention of this Ordi-
nance conceal or deposit any poison as defined by section 2, or who
shall sell, expose, or offer 10i. sale, any such poison in contravention
of Ordinance No. 1.2 of 1908, or who shall fall to conform with any
refrulation made thereunder as to the sale, possession, -Importation,
or exportation of such poison as aforesaild, shall in lieu of any
penalty prescribed by Ordinance NO.2 or 1908, be liable to a, fine
not exceeding 12,000 dollars, or in default of Payinent to imprison-
nient for any term not exceeding 1.2 months : and further, all such
poison in respect of which an offence has been committed shall be
forfeited; but nothing in this Ordinance shall prevenfany person
from being liable to any other penalty, damages, or punishment to
which he would have been subject if this Ordinance had not been
passed.

(.2) Any poison as defined by section 2) in respect of which any
breach of Ordinance No. 122 of 1908 has been committed other than
the breaches for which penalties are imposed in sub-section (1) of
this section may be forfeited by the Magistrate.

(3) All proceedings under this Ordinance to recover penalties or
to forfeit any poisons shall be taken summarily.

7.-M When any poison as defined by section 2 is found without
being apparently in the possession of any person, or when it
is proved to the satisfaction of the Magistrate that it is not possible
b
to proceed against any individual with respect to any'poison as to

* As aniended by No. 22 of 1912.
+ As amended by No. 30 of 1911, No. 12 of 1912, No. 13 of 1912 and
No. 21 of 1912.
As amended by No. 12 of 1912 and No. 13 of 1912.





which an offence has been committed against Ordinance No. 12 of
1908 by reason of the fact that the offender is out of the jurisdiction
or cannot be found, the Magistrate may cause a notice in English
and Chinese to be affixed to the place where such poison has been
found or where. it is known to be stored calling upon the
owner thereof to claim the same.

(2) If no person makes such claim within one week from the
affixing of such notice, or if any such claim is made within one week
but is not subsequently substantiated to the satisfaction of a
Magistrate, such poison shall be forfeited.

8. The Magistrate may require the Government Analyst to report
upon any technical point which may be in dispute in any prosecu-
tion under this Ordinance, and may order the payment of tile, fees
due in respect of the Analyst's report by the party in fault, or out
of any fine recovered from either party, or out of the procceds of any
forfeiture ordered by such 'Magistrate.

At the hearing of any such prosecution the production of the certi-
ficate of the Government Analyst requested as aforesaid shall be
sufficient evidence of the facts therein stated, unless the defendant
requires that the Analyst should be called as a witness; but if the
Analyst is called by or at the request of the defendant the _Magis-
trate litay further order the defendant, if convicted, to pay a fee of
25 dollars for the attendance of the Analyst, such fee to be recover-
able in the same way as a penalty imposed under this Ordinance is
recoverable.

9. The Magistrate may dismiss any charge or complaint under
this Ordinance on the ground that it is frivolous or vexatious
although the commission of an offence be proved, and when a
charge or complaint is dismissed on the ground that it is frivolous
or vexatious, or when the Magistrate is of opinion that slich charge
or complaint was supported by evidence false to the knowledge of
the person bringing such charge, it shall be the duty of the Magis-
trate to impose on the person bringing the same a penalty not
exceeding that which the defendant would have lucurred if he had
been convicted, and such penalty shall be over and above any other
Penalties or liabilities which the said person may have likewise

As amended by No. 8 of 1912 and No. 12 of 1912.
As amended by No. 12 of 1912, No. 13 of 1912 and No. 43 of 1912
Supp. Selld.





incurred in respect of his said charge or xomplaint or of his evidence
in support thereof.

10. Over and above all other liabilities and penalties to which
any person may beconie or be subject in respect of his suing out,
obtaining, issuing, or executing improperly and without sufficient
cause any search warrant under this Ordinance, the said person
shall be further liable, on summary conviction, to the following
penalties :-
( a) for every first offence, a fine not exceedin g 500 dollars,
or imprisonment, for any term not exceeding 3 mcvnths; and
(b) for every subsequent offence, a fine not exceeding 1,000
dollars or imprisonment for any term not exceedlinff 6 months.
n

11. In any proceedings before a, Magistrate or on appeal before
the Suprenic Court relating to the seizure of any poison the seizure
whereof is authorised by any of the provisions of this Ordinance,
it shall be lawful for such Magistrate and for the Judges and they
are hereby respectively- required to proceed in such cases on the
merits only without reference to matters of forin, and without
inquiring into the manner or form of making any seizure, except-
ing in so far as the manner and form of seizure may be evideDee on
such merits.

12.-(1) Excel)t as hereinafter mentioned, no information laid
nunder this Ordinance shall be admitted in evidence in any civil or
criminal proceeding, and no witness shall be obliged to disclose the
name or address of any informer or to state aDy matter which might
lead to his discovery ; and if any books, documents, or papers which
are in evidence or liable to inspection in any civil or criminal pro-
ceeding contain any entry in which any such informer is named or
described or which might lead to his discovery, the Court or Magis-
trate shall cause all such passages to be concealed from view or to
be obliterated so far as may be necessary to protect the informer
from discovery, but no further.
(2) But if in any proceedings before a Magistrate for any offence
against any provision of this Ordinance the Magistrate after full
inquiry into the case believes that the informer wilfully made in his
information a material statement which he knew or believed to be
false or did not believe to be true, or if in any other proceeding the

As amended by No. 30 of 1911 and No. 21 of 1912.
As amended by No. 12 of 1912.

Court or Magistrate is of opinion that justice cannot he fully done
between the parties thereto without the discovery of the informer,
it shall be lawful for the Court or Macyistrate to require the production
of the original information and to permit inquiry and require
full disclosure concerning the informer.

. [ss. 13-17, incorporated in No. 1.22 of 1908.]

SCHEDULE.

The articles herein described aredeclared to be poisons for the
purposes of this Ordinance:-

POISONS

Coca and preparations, and cocaine, eucaine, Benzocaine or anaesthe-
sin, holocaine, tropaeocaine, orthoform, acoine, nirvanin, alypin
novocaine, stovaine, their salts, poisonous derivatives and their pre-
parations.
Short title. Interpretation. Protection of titles and restrictions on sale of poisons. 31 & 32 Vict. C. 121. 38 & 29 Vict. C. 57. Governor may authorize registration in certain cases. 31 & 32 Vict. C. 121. 38 & 29 Vict. C. 57. Rights of wholesale dealers preserved. Regulations. Register of persons entitled to sell poisons. Formularies to be complied with. Articles to be deemed poisons. Regulations to be observed on sale of poisons. Exemptions from regulations. Governor-in-Council may order names to be erased from register. Penalties. Saving of Opium Ordinance No. of 1909. Interpretation. Search with warrant. No.9 of 1911. Powers of officer executing warrant. Process on holidays. Penalty. Forfeiture of poison seized. Unclaimed poison. Analysis may be ordered. Vexatious proceedings. Warrant improperly obtained. Procedure relating to case of seizure of poison. Rule as to information and informers.

Short title. Interpretation. Protection of titles and restrictions on sale of poisons. 31 & 32 Vict. C. 121. 38 & 29 Vict. C. 57. Governor may authorize registration in certain cases. 31 & 32 Vict. C. 121. 38 & 29 Vict. C. 57. Rights of wholesale dealers preserved. Regulations. Register of persons entitled to sell poisons. Formularies to be complied with. Articles to be deemed poisons. Regulations to be observed on sale of poisons. Exemptions from regulations. Governor-in-Council may order names to be erased from register. Penalties. Saving of Opium Ordinance No. of 1909. Interpretation. Search with warrant. No.9 of 1911. Powers of officer executing warrant. Process on holidays. Penalty. Forfeiture of poison seized. Unclaimed poison. Analysis may be ordered. Vexatious proceedings. Warrant improperly obtained. Procedure relating to case of seizure of poison. Rule as to information and informers.

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