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To restrict certain advertisements relating to medical matters. [1 April 1953] (Originally 4 of 1953) Cap 231 s 1 Short title This Ordinance may be cited as the Undesirable Medical Advertisements Ordinance. Cap 231 s 2 Interpretation (1) In this Ordinance, unless the context otherwise requires- (Amended 65 of 1988 s. 9; L.N. 95 of 1993) "advertisement" (广告) 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" (药物) includes any kind of medicament or other curative or preventive substance, and whether a proprietary medicine, a patent medicine, a Chinese herbal medicine, a proprietary Chinese medicine, or purported natural remedy. (Amended 47 of 1999 s. 167) (2) For the purposes of this Ordinance- (a) the sale or supply, or offer or exposure for sale or supply, of any- (i) medicine; (ii) surgical appliance; or (iii) treatment, in a labelled container or package shall constitute the publication of an advertisement;(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 shall not constitute the publication of an advertisement. (Added 65 of 1988 s. 9) Cap 231 s 3 Prohibition of advertisements relating to certain diseases; exceptions therefrom (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 Health or to an advertisement duly authorized by an officer of Her Majesty's forces for dissemination only amongst members of Her Majesty's forces. (Amended L.N. 76 of 1989) (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)-(6) (Omitted as spent) Cap 231 s 3A (Omitted as spent) (Omitted as spent) Cap 231 s 4 Prohibition of advertisements relating to abortion (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- (a) offering to procure the miscarriage of women; (b) canvassing the procuration of miscarriage of women; (c) 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 Health. (Amended L.N. 76 of 1989) (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) Cap 231 s 5 Certain defences; provision as to Chinese medicine practitioners (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, leprosaria or mental hospitals; (d) Chinese medicine practitioners registered or listed under the Chinese Medicine Ordinance (Cap 549). (Replaced 47 of 1999 s. 168)(2) Nothing in the provisions of section 31 of the Medical Registration Ordinance (Cap 161) shall be taken to permit any Chinese medicine practitioner 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). (Amended 47 of 1999 s. 168) Cap 231 s 6 Penalty Any person who contravenes the provisions of section 3 or 4 shall be guilty of an offence and shall be liable upon a first conviction to a fine of $10000 and upon a second or subsequent conviction to a fine of $25000 and imprisonment for 1 year. (Amended 65 of 1988 ss. 5 & 10) Cap 231 s 7 Power to amend Schedules The Director of Health may, by order published in the Gazette, amend the Schedules. (Added 65 of 1988 s. 6. Amended 80 of 1997 s. 16) Cap 231 Sched 1 DISEASES AND CONDITIONS IN RESPECT OF WHICH ADVERTISEMENTS ARE PROHIBITED OR RESTRICTED [section 3] Column 1 Disease or condition Column 2 Purposes for which advertising is permitted 1. Any benign or malignant tumour. None. 2. Any viral, bacterial, fungal or other infectious disease, including tuberculosis, hepatitis and leprosy. Treatment or prevention of minor cutaneous infections where a dysentery, medicinal product is to be administered to an external surface of the body, 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 syphilis, gonorrhoea, soft chancre, lymphogranuloma venerum, genital herpes, genital warts, urethritis, vaginitis, urethral or vaginal discharge, acquired immunodeficiency syndrome (AIDS), and any other sexually transmitted disease. None. 5. Any respiratory disease, including asthma, bronchitis, and pneumonia. Temporary relief of symptoms of hay fever, rhinitis or catarrh. Relief of blocked-up sinuses. 6. Any disease of the heart or cardiovascular system, including rheumatic heart disease, arteriosclerosis, coronary artery disease, arrythmias, hypertension, cerebrovascular disease, congenital heart disease, thrombosis, peripheral artery disease, oedema, retinal vascular change and peripheral venous disease. None. 7. Any gastro-intestinal disease, including gallstone, cirrhosis, gastro-intestinal bleeding, diarrhoea, hernia, fistula-in-ano and haemorrhoids. Relief of such symptoms as are commonly referred to as indigestion, heartburn, hyperacidity, dyspepsia, halitosis (bad breath) or 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, including epilepsy, mental disorder, mental retardation and paralysis. Symptomatic relief of headaches. 9. Any disease of the genito-urinary system, including kidney stone, nephritis, cystitis, any prostatic disease and phimosis. None. 10. Any disease of the blood or lymphatic system, including anemia, neck glands, bleeding disorders, leukemia and other lympho-proliferative diseases. Prophylactic administration of minerals and vitamins to avoid deficiency states in persons with adequate diet or with increased dietary requirements. 11. Any disease of the musculo-skeletal system, including rheumatism, arthritis and sciatica. External preparations for the relief of symptoms of muscular pain and stiffness and cramp. 12. Any endocrine disease, including diabetes, thyrotoxicosis, goitre and any other organic or functional condition related to under or over activity of any part of the system. Provision of dietary supplements. 13. Any organic condition affecting sight, hearing or balance. Relief of symptoms by means of the local 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. 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) Cap 231 Sched 2 PURPOSES FOR WHICH IT IS PROHIBITED TO ADVERTISE ANY MEDICINE, SURGICAL APPLIANCE OR TREATMENT [section 3] 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) Cap 231 Sched 3 Repealed (Repealed 65 of 1988 s. 11)