To amend and consolidate the law relating to dangerous drugs. [17 January 1969] L.N. 6 of 1969 (Originally 41 of 1968) Cap 134 s 1 Short title PART I SHORT TITLE AND INTERPRETATION This Ordinance may be cited as the Dangerous Drugs Ordinance. Cap 134 s 2 Interpretation Remarks: Adaptation amendments retroactively made - see 13 of 1999 s. 3 (1) In this Ordinance, unless the context otherwise requires- "approved" (认可) means approved by the Director for the purposes of this Ordinance; "authorized seller of poisons" (获授权毒药销售商) means an authorized seller of poisons within the meaning of the Pharmacy and Poisons Ordinance (Cap 138); "cannabis" (大麻) means any plant, or any part of any plant, of the genus cannabis which contains tetrahydro-cannabinol and the viable seeds of any plant of the genus cannabis; (Replaced 46 of 1978 s. 2) "cannabis resin" (大麻树脂) means the separated resin, whether crude or purified, obtained from any plant of the genus cannabis; (Added 62 of 1994 s. 2) "charge" (控诉) means a complaint, information, charge or indictment; "Chief Pharmacist" (总药剂师) means the person so appointed by the Chief Executive and such other person as the Director may appoint in writing to carry out the duties of the Chief Pharmacist under this Ordinance; (Amended 13 of 1999 s. 3) "coca leaves" (古柯叶) means the leaves of any plant of the genus of the erythroxylaceae from which cocaine can be extracted, either directly or by chemical transformation; "Conventions" (公约) means- (a)-(d) (Repealed 13 of 1999 s. 3) (e) the Single Convention on Narcotic Drugs signed at New York on 30 March 1961; (f) the Convention on Psychotropic Substances signed at Vienna on 21 February 1971; (g) the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances signed at Vienna on 20 December 1988; (h) any Convention or Protocol specified in a notice under subsection (4) to be a Convention or Protocol for the purposes of this Ordinance; and (i) any convention or final protocol amending, supplementing or in substitution for any of the Conventions or Protocols referred to in paragraphs (e), (f), (g) and (h); (Replaced 89 of 1995 s. 34. Amended 13 of 1999 s. 3)"corresponding law" (相应法律) means a law stated in a certificate purporting to be issued by or on behalf of the government of any place outside Hong Kong to be a law providing for the control and regulation in that place of dangerous drugs in accordance with the Conventions; (Replaced 89 of 1995 s. 34) "dangerous drug" (危险药物) means any of the drugs or substances specified in Part I of the First Schedule; "Director" (署长) means the Director of Health, Deputy Director of Health or an assistant director of health; (Amended L.N. 76 of 1989) "divan" (烟窟) means any place or premises opened, kept or used, whether on one occasion or more than one occasion, for the smoking, inhalation, ingestion or injection of a dangerous drug; "diversion certificate" (转运证明书) means a certificate issued by a competent authority in a country outside Hong Kong through which a dangerous drug passes in transit- (a) authorizing the diversion of such drug to a country other than that specified in the export authorization relating to that drug as the country to which it was to be exported; (b) containing full particulars of such drug and the quantity authorized to be diverted and of the names and addresses of the person by whom the drug is to be diverted and the person to whom it is to be sent; and (c) specifying the country from which the drug was originally exported;"ecgonine" (芽子碱) means laevo-ecgonine and any derivatives of ecgonine from which it may be recovered industrially; "export" (出口) means to take or cause to be taken out of Hong Kong or any other country, as the case may be, by land, air or water; "export authorization" (出口授权书) means an authorization issued by a competent authority in the country outside Hong Kong from which a dangerous drug is to be exported- (a) containing full particulars of such drug and the quantity authorized to be exported and of the names and addresses of the person by whom the drug is to be exported and the person to whom it is to be sent; and (b) specifying the country to which, and the period within which, it is to be exported;"import" (进口) means to bring or cause to be brought into Hong Kong or any other country, as the case may be, by land, air or water; "in transit" (过境途中) means imported into Hong Kong for the sole purpose of being exported from Hong Kong to another country; "inject" or "injection" (注射) means injection into any person by a hypodermic syringe or any other method; "manufacture" (制造) means any act connected with making, adulterating, purifying, mixing, separating or otherwise treating a dangerous drug; (Replaced 40 of 1982 s. 2) "matron" (总护士长) includes any person performing the duties of a matron and any person, whatever the title of the office which he holds, performing duties of the kind performed by a matron; "medicinal opium" (药用鸦片) means raw opium which has undergone the processes necessary to adapt it for medicinal use in accordance with the requirements of the European Pharmacopoeia or the United States Pharmacopoeia, whether it is in the form of powder or is granulated or is in any other form, and whether or not it is mixed with neutral substances; (Amended 13 of 1999 s. 3) "opium" (鸦片) includes raw opium, prepared opium, opium dross and every substance (other than medicinal opium) containing any proportion of raw opium, prepared opium or opium dross; "opium dross" (鸦片烟渣) means any residue remaining after opium has been smoked; "opium poppy" (鸦片罂粟) means a plant of the species Papaver somniferum L or the species Papaver setigerum D.C. and any plant from which morphine may be produced; "opium water" (鸦片水) means an aqueous extract of opium; (Added 46 of 1971 s. 2) "owner" (拥有人), in relation to any premises, includes any person holding premises direct from the Government, whether under lease, licence or otherwise, any mortgagee in possession and any person receiving the rent of any premises, solely or with another and on his own behalf or that of any person, or who would receive the same if such premises were let to a tenant, and, where such owner as above defined cannot be found or ascertained or is absent from Hong Kong or is under disability, also includes the agent of such owner; (Amended 46 of 1971 s. 2; 29 of 1998 s. 105) "place" (场所) means any ship, aircraft, vehicle, building, structure or enclosure, whether movable or not, and any spot on land or water; "poppy straw" (罂粟秆) means all parts, except the seeds, of the opium poppy after mowing; [cf. 1965 c. 15 s. 24(1) U.K.] "preparation" (制剂) means a preparation, mixture, extract or other substance containing any proportion of a dangerous drug specified in any of paragraphs 1 to 7 of Part I of the First Schedule; (Amended 46 of 1971 s. 2) "prepared opium" (熟鸦片) includes any preparation of opium, and any substance of which opium forms an ingredient, which is used or intended to be used, or is capable of being used, for smoking, inhaling, ingestion or injection; "prescribed hospital" (订明医院) means a hospital maintained by the Crown and a hospital or institution specified in the Second Schedule; "prescription" (处方) means a prescription for a single individual given by a registered medical practitioner for the purposes of medical treatment, by a registered dentist for the purposes of dental treatment or by a registered veterinary surgeon for the purposes of animal treatment; (Amended 96 of 1997 s. 32) [cf. S.I. 1964/1811 reg. 32(1) U.K.] "raw opium" (生鸦片) means any kind of opium not prepared for smoking, inhaling, ingestion or injection and also means the leaves or wrappings in which raw opium has been wrapped, but does not include opium dross; "registered dentist" (注册牙医) means- (a) a dentist registered under the Dentists Registration Ordinance (Cap 156) but who is not qualified to be so registered by virtue of having been registered under the repealed Dentists Registration Ordinance 1940 (1 of 1940, see Cap 156, 1950 Ed.); or (Amended 34 of 1995 s. 44) (b) a person deemed to be a registered dentist under the Dentists Registration Ordinance (Cap 156); (Replaced 62 of 1987 s. 10)"registered veterinary surgeon" (注册兽医) means a veterinary surgeon registered under the Veterinary Surgeons Registration Ordinance (Cap 529); (Added 96 of 1997 s. 32) "ship" (船舶) includes every description of vessel used in navigation or for the carriage or storage of goods on water; "sister" (护士长) includes any person performing the duties of a nursing sister and any person, whatever the title of the office which he holds, performing duties of the kind performed by a nursing sister; "specified clinic" (指明诊疗所), in relation to a specified person, means the clinic specified in the authorization under section 22(5A) by virtue of which such person is a specified person; (Added 2 of 1992 s. 2) "specified dangerous drug" (指明危险药物), in relation to a specified person, means any dangerous drug specified in the authorization under section 22(5A) by virtue of which such person is a specified person; (Added 2 of 1992 s. 2) "specified person" (指明的人) means a person authorized under section 22(5A); (Added 2 of 1992 s. 2) "trafficking" (贩运), in relation to a dangerous drug, includes importing into Hong Kong, exporting from Hong Kong, procuring, supplying or otherwise dealing in or with the dangerous drug, or possessing the dangerous drug for the purpose of trafficking, and "traffic in a dangerous drug" (贩运危险药物) shall be construed accordingly; (Amended 52 of 1992 s. 2) "unlawful" or "unlawfully" (非法), in relation to trafficking in or manufacturing or storage of a dangerous drug, means otherwise than under and in accordance with this Ordinance or a licence issued thereunder; (Amended 46 of 1971 s. 2) "wholesale dealer" (批发商) means a person who carries on the business of selling dangerous drugs to persons who buy to sell again, and "wholesale dealing" (批发经营) shall be construed accordingly. [cf. S.I. 1964/1811 reg. 32(1) U.K.] (2) For the purposes of this Ordinance, a person shall be deemed to be in possession of a dangerous drug or a pipe, equipment or apparatus, as the case may be, if it is in his actual custody or is held by some other person subject to his control or for him and on his behalf. [cf. S.I. 1964/1811 reg. 20 U.K.] (3) Any quantity of a dangerous drug shall be a dangerous drug for the purposes of this Ordinance notwithstanding that the quantity is insufficient to be measured or used. (Added 40 of 1982 s. 2) (4) The Secretary for Security may, by notice in the Gazette, specify a Convention or Protocol for the purposes of this Ordinance. (Added 89 of 1995 s. 34) Cap 134 s 3 Calculation of percentages for purposes of First Schedule, and extended meaning of "substance" (借) (1) For the purposes of the First Schedule- (a) in the case of liquid preparations, percentages shall be calculated on the basis that a preparation containing 1 per cent of any substance means a preparation in which 1 gram of the substance if a solid, or 1 millilitre of the substance if a liquid, is contained in every 100 millilitres of the preparation, and so in proportion for any greater or less percentage; and (b) in the case of salts, percentages shall be calculated as in respect of the anhydrous base.(2) The specification in paragraph 1 of Part I of the First Schedule of a substance shall, if the existence of isomers of that substance is possible within the specific chemical designation thereof, be taken to comprehend the specification of any isomer of that substance whose existence is possible as aforesaid; and any other reference in the First Schedule to a substance specified in paragraph 1 of Part I thereof shall be construed accordingly. [cf. 1965 c. 15 s. 24(2) U.K.] Cap 134 s 4 Trafficking in dangerous drug PART II CONTROL OF IMPORT, EXPORT, PROCURING, SUPPLY, DEALING IN OR WITH, MANUFACTURE AND POSSESSION OF DANGEROUS DRUGS (1) Save under and in accordance with this Ordinance or a licence granted by the Director hereunder, no person shall, on his own behalf or on behalf of any other person, whether or not such other person is in Hong Kong- (a) traffic in a dangerous drug; (b) offer to traffic in a dangerous drug or in a substance he believes to be a dangerous drug; or (c) do or offer to do an act preparatory to or for the purpose of trafficking in a dangerous drug or in a substance he believes to be a dangerous drug. (Amended 37 of 1980 s. 2)(2) Subsection (1) shall apply whether or not the dangerous drug is in Hong Kong or is to be imported into Hong Kong or is ascertained, appropriated or in existence. (3) Any person who contravenes any of the provisions of subsection (1) shall be guilty of an offence and shall be liable- (a) on conviction on indictment, to a fine of $5000000 and to imprisonment for life; and (b) on summary conviction, to a fine of $500000 and to imprisonment for 3 years. (Amended 43 of 1974 s. 2)(4) This section does not apply to- (a) a preparation specified in Part II of the First Schedule; or (b) a dangerous drug which is in transit and- (i) is in course of transit from a country from which it may lawfully be exported to another country into which it may lawfully be imported; and (ii) was exported from a country which is a party to the Conventions and is accompanied by a valid export authorization or diversion certificate, as the case may be. (Replaced 7 of 1984 s. 2) Cap 134 s 4A Trafficking in purported dangerous drug (1) No person shall, on his own behalf or on behalf of any other person, whether or not such other person is in Hong Kong- (a) traffic in any substance represented or held out by him to be a dangerous drug but which is not in fact a dangerous drug; (b) offer to traffic in any substance represented or held out by him to be a dangerous drug but which is not in fact a dangerous drug; or (c) do or offer to do an act preparatory to or for the purpose of trafficking in any substance represented or held out by him to be a dangerous drug but which is not in fact a dangerous drug.(2) Subsection (1) shall apply whether or not the substance represented or held out to be a dangerous drug is in Hong Kong or is to be imported into Hong Kong or is ascertained, appropriated or in existence. (3) Any person who contravenes any of the provisions of subsection (1) shall be guilty of an offence and shall be liable- (a) on conviction on indictment, to a fine of $500000 and to imprisonment for 7 years; and (b) on summary conviction, to a fine of $100000 and to imprisonment for 1 year.(4) No prosecution for an offence under this section shall be instituted without the consent in writing of the Secretary for Justice, but this subsection shall not prevent the arrest, or the issue of a warrant for the arrest, of a person for any such offence, or the remand in custody or on bail of a person charged with such an offence. (Amended L.N. 362 of 1997) (Added 37 of 1980 s. 3) Cap 134 s 5 Dangerous drug not to be supplied except to person authorized or licensed to be in possession thereof (1) No person shall supply or procure, or offer to supply or procure, a dangerous drug to or for any person in Hong Kong unless- (a) the latter person is authorized by or licensed under this Ordinance to be in possession of that dangerous drug; (b) the dangerous drug is to be supplied or procured in accordance with this Ordinance; and (c) in the case of a person licensed under this Ordinance to be in possession of the dangerous drug, the dangerous drug is to be supplied or procured in accordance with the conditions of his licence.(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable- (a) on conviction on indictment, to a fine of $100000 and to imprisonment for 15 years; and (b) on summary conviction, to a fine of $10000 and to imprisonment for 3 years.(3) For the purposes of this section, the administration of a dangerous drug- (a) by or under the direct personal supervision of, and in the presence of, a registered medical practitioner; (b) by or under the direct personal supervision of, and in the presence of, a registered dentist in the course of dental treatment; (Amended 2 of 1992 s. 3) (c) by a sister for the time being in charge of a ward, theatre or other department in a prescribed hospital or in a health centre or clinic maintained by the Crown acting on the instructions of a registered medical practitioner, to a patient of that ward, theatre, department, health centre or clinic; or (Amended 2 of 1992 s. 3) (d) which is a specified dangerous drug, by or under the direct personal supervision of, and in the presence of, a specified person in the course of medical treatment in a specified clinic, (Added 2 of 1992 s. 3)shall be deemed not to be the supplying of the dangerous drug. [cf. S.I. 1964/1811 reg. 8 U.K.] Cap 134 s 6 Manufacture of dangerous drug (1) Save under and in accordance with this Ordinance or under and in accordance with a licence granted by the Director thereunder and on the premises specified in such licence, no person shall- (a) manufacture a dangerous drug; or (b) do or offer to do an act preparatory to or for the purpose of manufacturing a dangerous drug.(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction on indictment to a fine of $5000000 and to imprisonment for life. (Amended 43 of 1974 s. 3) Cap 134 s 7 (Repealed) (Repealed 52 of 1992 s. 3) Cap 134 s 8 Possession of dangerous drug otherwise than for trafficking, and consumption of dangerous drug (1) Save under and in accordance with this Ordinance or a licence granted by the Director thereunder, no person shall- (a) have in his possession; or (b) smoke, inhale, ingest or inject,a dangerous drug. (2) Any person who contravenes any of the provisions of subsection (1) shall be guilty of an offence and shall be liable- (a) on conviction upon indictment to a fine of $1000000 and, subject to section 54A, to imprisonment for 7 years; or (b) on summary conviction to a fine of $100000 and, subject to section 54A, to imprisonment for 3 years. (Amended 67 of 1979 s. 2; 52 of 1992 s. 4) Cap 134 s 9 Cultivation of and dealing in cannabis plant and opium poppy (1) No person shall cultivate any plant of the genus cannabis or the opium poppy, but nothing in this subsection shall prevent the Government Chemist, in his capacity as such, from cultivating a plant of the genus cannabis so far as may be necessary for the exercise of his employment. (Amended 62 of 1994 s. 3) (2) No person shall, on his own behalf or on behalf of any other person, whether or not such other person is in Hong Kong- (a) supply or procure or offer to supply or procure; (b) in any way deal in or with or offer or purport to deal in or with; or (c) import into or export from Hong Kong or do an act preparatory to or for the purpose of such importing or exporting,any plant of the genus cannabis or the opium poppy, whether or not the same is in Hong Kong or is ascertained or appropriated or in existence. (3) No person shall have in his possession any plant of the genus cannabis or the opium poppy unless the same is in transit. (4) Section 14 shall apply to any plant of the genus cannabis and the opium poppy when the same is in transit as it applies to a dangerous drug which is in transit. (5) Any person who contravenes any of the provisions of this section shall be guilty of an offence and shall be liable on conviction on indictment to a fine of $100000 and to imprisonment for 15 years. Cap 134 s 10 Licence to import dangerous drug PART III ISSUE OF LICENCES AND CERTIFICATES, REQUIREMENTS IN CONNECTION WITH LAWFUL IMPORT AND EXPORT OF DANGEROUS DRUGS, AND DANGEROUS DRUGS IN TRANSIT (1) The Director may issue an import licence authorizing the person named therein to import into Hong Kong, within the period specified therein, such quantity of a dangerous drug as may be specified therein. (2) When an import licence is issued to any person under subsection (1), the Director shall also issue to that person an import certificate, and where such person intends to import the dangerous drug in more than one consignment the Director shall issue to him a separate import certificate in respect of each consignment. Cap 134 s 11 Requirements to be complied with in relation to import of dangerous drug (1) The person to whom an import certificate is issued under section 10(2) shall send the same to the person from whom the dangerous drug to which it relates is to be obtained. (2) A dangerous drug which is imported into Hong Kong from a country which is a party to the Conventions shall be accompanied by a valid export authorization or diversion certificate. (3) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of $5000 and to imprisonment for 6 months. (4) In the event of a contravention of subsection (2), the person by whom the dangerous drug is imported into Hong Kong shall be guilty of an offence and shall be liable on conviction to a fine of $5000 and to imprisonment for 6 months, unless he shows that he had taken all practicable steps to ensure that the said subsection was complied with. Cap 134 s 12 Licence to export dangerous drug (1) Subject to subsection (2), the Director may issue an export licence authorizing the person named therein to export from Hong Kong to the country specified therein, within the period specified therein, such quantity of a dangerous drug as may be specified therein. (2) Save where the dangerous drug is to be exported to a country which is not a party to the Conventions, an export licence shall not be issued under subsection (1) except on production of an import certificate issued by a competent authority in the country to which the drug is to be exported, and then only to the person named in such certificate and in respect of the dangerous drug specified therein. (3) When an export licence is issued to any person under subsection (1), the Director shall also issue to that person a copy of the licence. Cap 134 s 13 Requirements to be complied with on export of dangerous drug (1) The person to whom an export licence is issued under section 12(1) shall send the copy of the licence issued to him pursuant to subsection (3) of that section with the dangerous drug to which the licence relates when the same is exported from Hong Kong. (Amended 46 of 1971 s. 3) (2) A person who intends to export from Hong Kong a dangerous drug in respect of which an export licence has been issued under section 12(1) shall- (a) if so required, produce to the Director the dangerous drug and the export licence; (Amended 62 of 1994 s. 4) (aa) ensure that all commercial and shipping documents relating to the dangerous drug to be exported include the name of the dangerous drug being exported, the quantity being exported and the name and address of the exporter and the importer; and (Added 62 of 1994 s. 4) (b) produce such other evidence as the Director may require to satisfy him that the dangerous drug is being lawfully exported to the place and person specified in the export licence.(3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine of $5000 and to imprisonment for 6 months. Cap 134 s 14 Dangerous drug in transit (1) If a dangerous drug which is in transit- (a) is not in course of transit from a country from which it may lawfully be exported to another country into which it may lawfully be imported; or (b) was exported from a country which is a party to the Conventions and was not accompanied by a valid export authorization or diversion certificate, as the case may be,the person by whom the dangerous drug was imported shall, unless, in the case of a contravention of paragraph (b), he shows that he had taken all practicable steps to ensure that the said paragraph was complied with, be guilty of an offence and shall be liable on conviction on indictment, to a fine of $100000 and to imprisonment for 10 years and on summary conviction, to a fine of $10000 and to imprisonment for 3 years. (Amended 46 of 1978 s. 3) (2) Save under and in accordance with a removal licence issued by the Director under section 15, no person shall- (a) remove a dangerous drug which is in transit from the ship, aircraft, vehicle or train in which it was imported into Hong Kong; or (b) in any way move a dangerous drug in Hong Kong after its removal from the ship, aircraft, vehicle or train in which it was imported into Hong Kong.(3) No person shall- (a) cause a dangerous drug which is in transit to be subjected to any process which alters its nature; or (b) wilfully open or break any package or other thing containing a dangerous drug which is in transit,except on the instructions of the Director and in such manner as he may direct. (4) Save under and in accordance with a diversion licence issued by the Director under section 16(1), no person shall cause a dangerous drug which is in transit to be diverted to any destination other than- (a) the country specified in the export authorization or diversion certificate accompanying the dangerous drug when it was imported into Hong Kong; or (b) the country to which the dangerous drug was originally to be exported.(5) Any person who contravenes subsection (2), (3) or (4) shall be guilty of an offence and shall be liable- (a) on conviction on indictment, to a fine of $100000 and to imprisonment for 10 years; and (b) on summary conviction, to a fine of $10000 and to imprisonment for 3 years.(6) Subsection (1) or (3)(b) shall not apply to- (a) a dangerous drug which is in transit by post; or (b) a dangerous drug forming part of the medical stores of a ship or aircraft, if the quantity thereof does not exceed the quantity reasonably required for the purpose of such stores.(7) Subsection (2) shall not apply to a dangerous drug which is in transit by post. Cap 134 s 15 Licence to remove dangerous drug in transit (1) Subject to subsection (2), the Director may issue a removal licence authorizing the person named therein to remove the dangerous drug in transit specified therein in such manner and at such time as may be specified therein. (2) Except where a dangerous drug which is in transit was exported from a country which is not a party to the Conventions, a removal licence shall not be issued in respect of a dangerous drug unless a valid export authorization or diversion certificate relating to that drug is produced to the Director. Cap 134 s 16 Licence to divert dangerous drug in transit (1)Subject to subsection (2), the Director may issue a diversion licence authorizing the person named therein to divert the dangerous drug in transit specified therein to such country as may be specified therein. (2) The Director shall not issue a diversion licence under subsection (1) except- (a) on production to him of a valid import certificate issued by a competent authority in the country to which the dangerous drug in transit is to be diverted; or (b) if that country is not a party to the Conventions, on production to him of evidence which satisfies him that the dangerous drug in transit is to be consigned to the country to which it is to be diverted in a lawful manner and for a lawful purpose.(3) On the issue of a diversion licence under subsection (1), the export authorization or diversion certificate (if any) accompanying the dangerous drug when it was imported into Hong Kong shall be detained by the Director and returned to the authority by which it was issued, together with a notice of the name of the country to which the dangerous drug has been diverted. (4) When a diversion licence is issued to any person under subsection (1), the Director shall also issue to that person a copy of the licence. Cap 134 s 17 Requirement to be complied with where diversion licence issued (1) The person to whom a diversion licence is issued under section 16(1) shall send the copy of the licence issued to him pursuant to section 16(4) with the dangerous drug to which the licence relates when the same is exported from Hong Kong. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of $5000 and to imprisonment for 6 months. Cap 134 s 18 General power of Director to issue licences In addition to the licences and certificates which the Director is empowered to issue under any other provision in this Part, the Director may issue any licence required for the purposes of this Ordinance. Cap 134 s 19 Issue of licence, etc. to be in discretion of Director and power to impose conditions (1) Save as otherwise provided, the issue of a licence or certificate under this Ordinance shall be in the discretion of the Director. (2) On the issue of a licence or certificate under this Ordinance, the Director may impose such conditions as he thinks fit. (3) Any person who contravenes a condition to which a licence or certificate issued by the Director under this Ordinance is subject shall be guilty of an offence and shall be liable on conviction to a fine of $50000 and to imprisonment for 3 years. Cap 134 s 20 Cancellation of licences, etc. Remarks: Amendments retroactively made - see 13 of 1999 s. 3 (1) The Director may at any time cancel a licence or certificate issued under this Ordinance. (2) Any person aggrieved by the cancellation under subsection (1) of a licence or certificate may, within 14 days after the delivery to him of notice of the cancellation, appeal by way of petition to the Chief Executive. (3) On an appeal under subsection (2), the Chief Executive may confirm, vary or reverse the decision or substitute therefor such other decision or make such other order as he thinks fit. (Amended 13 of 1999 s. 3) Cap 134 s 21 Form of licence and certificate A licence or certificate under this Ordinance shall be in such form as the Director may determine. Cap 134 s 22 Statutory authority for certain persons to possess, supply or manufacture dangerous drugs PART IV STATUTORY AUTHORITY TO PROCURE, SUPPLY AND POSSESS DANGEROUS DRUGS (1) Subject to the provisions of this Ordinance- (a) a registered medical practitioner; (b) a registered dentist; (c) a registered veterinary surgeon; (Amended 96 of 1997 s. 33) (d) the Chief Pharmacist; (e) a person- (i) who is a registered pharmacist or an approved person; (ii) who is employed or engaged at a prescribed hospital or at a health centre or clinic maintained by the Crown; and (iii) whose duties in that employment or engagement include the dispensing or supply of medicines for that, or any other such, hospital, health centre or clinic;(f) a sister for the time being in charge of a ward, theatre or other department in a prescribed hospital or in a health centre or clinic maintained by the Crown; (g) a person in charge of a laboratory used for the purposes of research or instruction and attached to a university or to an approved hospital or institution,is hereby authorized, so far as may be necessary for the practice or exercise of his profession, function or employment, and in his capacity as such, to be in possession of and to supply a dangerous drug. (2) Subject to the provisions of this Ordinance, the matron of a prescribed hospital is hereby authorized, so far as may be necessary for the purposes of the hospital, and in her capacity as matron thereof, to be in possession of and to supply a dangerous drug. (3) The Government Chemist is hereby authorized, so far as may be necessary for the exercise of his employment, and in his capacity as such, to be in possession of or to synthesize a dangerous drug. (Amended 62 of 1994 s. 5) (4) A registered medical practitioner is hereby authorized, so far as may be necessary for the practice of his profession, to manufacture any preparation and to be in possession of and procure any dangerous drug required for the manufacture of such preparation. (5) Any registered pharmacist or approved person who is employed or engaged at a prescribed hospital is hereby authorized- (a) to manufacture any preparation required for the purposes of the hospital; and (b) to be in possession of and to procure any dangerous drug so far as it may be necessary for such manufacture:Provided that an approved person shall be so authorized only if he is acting on the directions of the medical officer in charge of the hospital. (5A) The Director may authorize in writing, for such period as he may specify in the authorization, a person who- (a) is not a registered medical practitioner; and (b) practises medicine in a clinic exempted under section 8 of the Medical Clinics Ordinance (Cap 343),to- (i) supply in that clinic such of the dangerous drugs specified in the Sixth Schedule as are specified in the authorization, so far as may be necessary for the purposes of and in the course of medical treatment; and (ii) be in possession in that clinic of, and to procure, such drugs specified in the authorization in not more than such quantity as the Director may specify in the authorization, so far as may be necessary for such supply. (Added 2 of 1992 s. 4)(6) In section 24, and in this section, except subsection (3), "dangerous drug" does not include the drugs specified in any of paragraphs 8 to 11 of Part I of the First Schedule. (Amended 46 of 1978 s. 4; 80 of 1997 s. 102) [cf. S.I. 1964/1811 reg. 10 (1) & (3) U.K.] Cap 134 s 23 Restrictions on authority conferred by section 22, etc. (1) Nothing in section 22 shall- (a) authorize a registered dentist to supply a dangerous drug unless the drug is administered by him, or under his direct supervision and in his presence, to a person receiving treatment by him; (b) authorize the sister in charge of a ward, theatre or other department in a prescribed hospital or in a health centre or clinic maintained by the Crown- (i) to procure a dangerous drug except from a person employed or engaged in dispensing medicines at the hospital, health centre or clinic or from the matron of the hospital and except upon a written order signed by the sister; or (ii) to supply a dangerous drug except in accordance with a prescription lawfully given by a registered medical practitioner in charge of any of the patients of the hospital, health centre or clinic or in accordance with directions given in the bed card or case sheet of a patient in the hospital or health centre by a registered medical practitioner in charge of that patient or in accordance with a prescription lawfully given by a registered dentist in charge of any of the patients in the hospital;(c) authorize a person who is a registered pharmacist or an approved person and who is employed or engaged at a prescribed hospital or at a health centre or clinic maintained by the Crown to supply a dangerous drug except- (i) in accordance with a written order signed by the sister in charge of a ward, theatre or other department in the hospital, health centre or clinic; or (ii) in accordance with a prescription lawfully given by a registered medical practitioner in charge of any of the patients of the hospital, health centre or clinic or in accordance with directions given in the bed card or case sheet of a patient in the hospital or health centre by a registered medical practitioner in charge of that patient or in accordance with a prescription lawfully given by a registered dentist in charge of any of the patients in the hospital;(d) authorize the matron of a prescribed hospital to procure a dangerous drug except on an order signed by the medical officer in charge of the hospital or to supply a dangerous drug except- (i) in accordance with a written order signed by the sister in charge of a ward, theatre or other department in the hospital; or (ii) in accordance with a prescription lawfully given by a registered medical practitioner or registered dentist in charge of any of the patients in the hospital or in accordance with directions given in the bed card or case sheet of a patient in the hospital by a registered medical practitioner in charge of that patient; or(e) authorize a specified person to give a prescription prescribing a specified dangerous drug. (Amended 2 of 1992 s. 5)(2) A written order signed by a sister in accordance with subsection (1)(b)(i) on which a dangerous drug is procured shall be marked, in such manner as to show that it has been complied with, by the person employed or engaged in dispensing medicines who complies with the order or by the matron, as the case may be, and shall be kept in the dispensary or by the matron, and a copy or note thereof shall be kept for at least 2 years by the sister for the time being in charge of the ward, theatre or department for use in which the dangerous drug was procured. [cf. S.I. 1964/1811 reg. 10 (5) U.K.] (3) Whenever a dangerous drug is supplied- (a) on a written order signed by a sister in accordance with subsection (1)(b)(i); (b) on a prescription lawfully given by a registered medical practitioner or a registered dentist; or (c) in accordance with directions given in the bed card or case sheet of a patient,by a person who is a registered pharmacist or an approved person and who is employed or engaged at a prescribed hospital or at a health centre or clinic maintained by the Crown or by the matron of a hospital, a record of such order or prescription shall be entered in a book kept solely for the purpose. (4) Every dangerous drug, other than a preparation specified in Part II of the First Schedule, in the actual custody of a person authorized by section 22 to be in possession thereof shall, except when the necessities of the practice or exercise of the profession, function or employment by virtue of which that person is so authorized otherwise require, be kept in a locked receptacle which can be opened only by him or by some other person authorized by that section to be in possession of the dangerous drug. [cf. S.I. 1964/ 1811 reg. 10(4) First Schedule U.K.] (5) All dangerous drugs which are in the possession of any person by virtue of section 22(1)(e) or (f), (2) or (5) shall be examined at least once in every month by a person appointed by the medical officer in charge of the hospital, health centre or clinic, and if it appears to the person by whom such examination is carried out- (a) that a dangerous drug is in the possession of such person otherwise than in accordance with this Ordinance; (b) that the proper quantity of any dangerous drug is not in the possession of such person; or (c) that any dangerous drug has been supplied to or supplied or dispensed by such person otherwise than in accordance with this Ordinance,he shall forthwith notify the Director. (6) Any person who- (a) contravenes subsection (3) or (4); or (b) fails to notify the Director in accordance with subsection (5),shall be guilty of an offence and shall be liable on conviction to a fine of $5000. [cf. S.I.1964/1811 reg. 10(1) proviso & reg. 10(3) proviso U.K.] Cap 134 s 24 Statutory authority for authorized sellers of poisons to manufacture preparations and retail drugs and preparations,and for listed sellers of poisons to retail certain preparations (1) An authorized seller of poisons is hereby authorized- (a) in the ordinary course of his retail business to manufacture at any premises registered by him under the Pharmacy and Poisons Ordinance (Cap 138) any preparation; (b) subject to the provisions of this Ordinance, to carry on at any such premises the business of retailing, dispensing and compounding any dangerous drug; (c) to supply any dangerous drug otherwise than by way of wholesale dealing; and (d) to supply any dangerous drug by way of wholesale dealing to any person licensed or authorized under this Ordinance to be in possession of that dangerous drug.(2) A person who is a listed seller of poisons under the Pharmacy and Poisons Ordinance (Cap 138) is hereby authorized to carry on, at the premises at which he is entitled to conduct the retail sale of poisons under that Ordinance, the retail sale of any preparation specified in Part IV of the First Schedule. (Replaced 46 of 1971 s. 4) (3) Nothing in subsection (1) shall authorize the sale by retail of poisons by a person who is not qualified in that behalf under, or such sale otherwise than in accordance with, the Pharmacy and Poisons Ordinance (Cap 138) or be in derogation of the provisions of that Ordinance prohibiting, restricting or regulating the sale of poisons. (4) Nothing in subsection (1) shall authorize an authorized seller of poisons to be in possession of any dangerous drug except on premises registered by him under the Pharmacy and Poisons Ordinance (Cap 138). (5) Every dangerous drug, other than a preparation specified in Part II of the First Schedule, in the actual custody of a person authorized by this section to be in possession thereof shall be kept in a locked receptacle which can be opened only by him or by some assistant of his who is a registered pharmacist and is not a person whose authority has been withdrawn under section 33. [cf. S.I. 1964/1811 reg. 12 U.K.] Cap 134 s 25 Statutory authority to possess dangerous drug supplied by registered medical practitioner, etc., or on prescription or by authorized seller of poisons (1) A person to whom- (a) a dangerous drug is lawfully supplied by a registered medical practitioner or a registered veterinary surgeon; (Amended 96 of 1997 s. 34) (b) a dangerous drug is lawfully supplied on a prescription lawfully given by a registered medical practitioner or a registered dentist or a registered veterinary surgeon; (Amended 96 of 1997 s. 34) (c) a dangerous drug specified in Part III of the First Schedule is lawfully supplied by an authorized seller of poisons; (Amended 2 of 1992 s. 6) (d) a preparation specified in Part IV of the First Schedule is lawfully supplied by a person referred to in section 24(2); (Amended 2 of 1992 s. 6) (e) a specified dangerous drug is lawfully supplied by a specified person, (Added 2 of 1992 s. 6)is hereby authorized to be in possession of the dangerous drug or preparation so supplied. (2) Notwithstanding the provisions of subsection (1), a person supplied with a dangerous drug by, or on a prescription given by, a registered medical practitioner, or supplied with a specified dangerous drug by a specified person, shall be deemed not to be authorized by that subsection to be in possession of such drug if- (a) he was being supplied with- (i) a dangerous drug by, or on a prescription given by, another registered medical practitioner; or (ii) a specified dangerous drug by a specified person, and did not disclose the fact to the first-mentioned registered medical practitioner before the supply by him or on his prescription, or to the first-mentioned specified person before the supply by him, whichever is the case; or(b) he or any other person on his behalf made a declaration or statement for the purpose of obtaining the supply or prescription, as the case may be, and the declaration or statement was false in any particular. (Replaced 2 of 1992 s. 6) [cf. S.I. 1964/1811 reg. 9 (2) U.K.] Cap 134 s 26 Statutory authority to ingest or inject dangerous drug (1) A person who- (a) ingests or injects into himself a dangerous drug- (i) on the direction of a registered medical practitioner, for the purposes of medical treatment; (ii) on the direction of a registered dentist, for the purposes of dental treatment; or (iii) which is a specified dangerous drug, on the direction of a specified person, for the purposes of medical treatment; (Added 2 of 1992 s. 7)(b) ingests a dangerous drug specified in Part III of the First Schedule which was lawfully supplied by an authorized seller of poisons; or (c) ingests a preparation specified in Part IV of the First Schedule which was lawfully supplied by a person referred to in section 24(2),shall not thereby contravene this Ordinance. (Amended 2 of 1992 s. 7) (2) Where- (a) a registered medical practitioner injects a dangerous drug into another person for the purposes of medical treatment; (b) a registered dentist injects a dangerous drug into another person for the purposes of dental treatment; or (c) a specified person injects a specified dangerous drug into another person for the purposes of medical treatment in a specified clinic,he shall not thereby contravene this Ordinance. (Replaced 2 of 1992 s. 7) (3) A person who- (a) injects a dangerous drug into another person, for the purposes of medical treatment, on the direction of a registered medical practitioner; (b) injects a dangerous drug into another person, for the purposes of dental treatment, on the direction and in the presence of a registered dentist; or (c) injects a specified dangerous drug into another person, for the purposes of medical treatment in a specified clinic, on the direction and in the presence of a specified person,shall not thereby contravene this Ordinance. (Replaced 2 of 1992 s. 7) Cap 134 s 27 Statutory authority to possess equipment and apparatus for injection of dangerous drugs (1) The following persons are hereby authorized to have in their possession equipment or apparatus fit and intended for the injection of a dangerous drug (or, in the case of paragraph (d), a specified dangerous drug), so far as may be necessary for the purposes of the practice or exercise of their profession, function or employment, that is to say- (Amended 2 of 1992 s. 8) (a) any registered medical practitioner; (b) any registered dentist; (Amended 2 of 1992 s. 8) (c) any person employed or engaged in a prescribed hospital or in a health centre or clinic maintained by the Crown; and (Amended 2 of 1992 s. 8) (d) any specified person. (Added 2 of 1992 s. 8)(2) A person is hereby authorized to have in his possession equipment or apparatus fit and intended for the injection of- (a) a dangerous drug if the same is for use for the injection into himself of a dangerous drug on the direction of a registered medical practitioner for the purposes of medical treatment; or (b) a specified dangerous drug if the same is for use for the injection into himself of such drug on the direction of a specified person for the purposes of medical treatment. (Replaced 2 of 1992 s. 8) Cap 134 s 28 Statutory authority of masters of ships to possess, supply and procure dangerous drugs Remarks: Adaptation amendments retroactively made - see 23 of 1998 s. 2 (1) (a) The master of a ship which does not carry on board as part of her complement a registered medical practitioner, is hereby authorized- (i) so far as may be necessary for the purpose of compliance with the Merchant Shipping (Seafarers) Ordinance (Cap 478), to be in possession of dangerous drugs; and (Amended 44 of 1995 s. 143) (ii) subject to any conditions and instructions which may be applicable thereto, to supply those dangerous drugs to members of the crew. (b) Where a dangerous drug is supplied to a member of the crew of a ship- (i) an entry in the official log book; or (ii) in the case of a ship which is not required under the Merchant Shipping (Seafarers) Ordinance (Cap 478) to carry an official log book, a report signed by the master of the ship, (Amended 44 of 1995 s. 143) shall notwithstanding anything in this Ordinance be a sufficient record of the supply, if the entry or report specifies the dangerous drug supplied and, in the case of such a report, it is delivered as soon as practicable to the superintendent of a mercantile marine office.(c) Every dangerous drug in the possession of the master of a ship by virtue of this section shall, except where the necessity of supplying it to a member of the crew otherwise requires, be kept in a locked receptacle, which can be opened only by the master or by an officer authorized by the master. (d) In this section- "mercantile marine office" (商船海员管理处) means a mercantile marine office established and maintained under the Merchant Shipping Acts# or the Office within the meaning of the Merchant Shipping (Seafarers) Ordinance (Cap 478); (Amended 44 of 1995 s. 143) "official log book" (正式航海日志) means the official log book required to be kept under the Merchant Shipping (Seafarers) Ordinance (Cap 478). (Amended 44 of 1995 s. 143)(2) (a) Where a ship which is registered or licensed outside Hong Kong is in Hong Kong, the master of the ship is hereby authorized to procure such quantity of dangerous drugs as may be certified by a public officer appointed for the purposes of this subsection by the Director to be necessary for the equipment of the ship until it reaches its home port. (Amended 23 of 1998 s. 2) (b) A person who supplies a dangerous drug in accordance with a certificate given under paragraph (a) shall retain the certificate and mark it with the date on which the dangerous drug was supplied and keep it on his premises so as to be at all times available for inspection.(3) Any person who contravenes subsection (1)(c) or (2)(b) shall be guilty of an offence and shall be liable on conviction to a fine of $5000. [cf. S.I. 1964/1811 reg. 13(1) & (2) U.K.]________________________________________________________________________________ Note: # Please also see following- (a) in relation to the Merchant Shipping Act 1894, Part 3 of Schedule 5 to Cap 415 and s. 1 of Schedule 2 to Cap 508; (b) in relation to the Merchant Shipping Acts 1894 to 1979, s. 117 of Cap 281, s. 103 of Cap 415 and s. 142 of Cap 478. Cap 134 s 29 Further statutory authorization of persons authorized or licensed to manufacture or supply dangerous drug For the purposes of this Ordinance, but subject in each case to the provisions of this Ordinance and to any condition to which a licence issued thereunder is subject- (a) a person authorized by or licensed under this Ordinance to manufacture a dangerous drug is hereby authorized to supply that drug; and (b) a person authorized by or licensed under this Ordinance to supply a dangerous drug is hereby authorized to have that drug in his possession and to procure that drug. [cf. S.I. 1964/1811 reg. 29 U.K.] Cap 134 s 30 Supply of dangerous drugs to hospitals, etc. (1) A dangerous drug shall not be supplied for use in a prescribed hospital or in a health centre or clinic maintained by the Crown except on the written order of the registered pharmacist in charge of the dispensary attached to the hospital, health centre or clinic or of the medical officer in charge of the hospital, health centre or clinic. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of $10000 and to imprisonment for 12 months. Cap 134 s 31 Supply of dangerous drug on prescription (1) A person shall not supply a dangerous drug on a prescription- (a) unless the prescription complies with the provisions of this Ordinance relating to prescriptions; (b) unless he is either acquainted with the signature of the person by whom it purports to be given and has no reason to suppose that it is not genuine or has taken reasonable steps to satisfy himself that it is genuine; (c) before the date specified in the prescription.(2) If a prescription prescribing a dangerous drug expressly states that it may, subject to the lapse of an interval or intervals specified in the prescription, be dispensed a second or third time, the drug thereby prescribed may, as the case may be, be supplied a second or third time after the specified interval or intervals but no more, but save as aforesaid a prescription shall not for the purposes of this Ordinance be taken as enabling the dangerous drug to be supplied more than once. (3) A person dispensing a prescription prescribing a dangerous drug shall- (a) at the time of dispensing the prescription, mark thereon the date on which it is dispensed and, in the case of a prescription which may be dispensed a second or third time, the date of each occasion on which it is dispensed; and (b) retain and keep the prescription on the premises where it is dispensed and so as to be at all times available for inspection.(4) Any person who contravenes subsection (1) or (3) shall be guilty of an offence and shall be liable on conviction to a fine of $10000. [cf. S.I. 1964/1811 reg. 15 U.K.] Cap 134 s 32 Supply of dangerous drugs to persons on behalf of another, otherwise than on prescription (1) Where a dangerous drug, other than a dangerous drug specified in Part III of the First Schedule, is to be lawfully supplied to any person (hereinafter referred to as "the recipient") otherwise than by, or on a prescription lawfully given by, a registered medical practitioner, the person supplying the dangerous drug (hereinafter referred to as "the supplier") shall not deliver it to a person who purports to be sent by or on behalf of the recipient unless that person either- (a) is authorized by or licensed under this Ordinance to be in possession of that dangerous drug; or (b) produces to the supplier a statement in writing signed by the recipient to the effect that he is empowered by the recipient to receive that dangerous drug on behalf of the recipient, and the supplier is reasonably satisfied that the document is a genuine document.(2) A person to whom a dangerous drug is lawfully delivered in the circumstances mentioned in subsection (1) shall be deemed to be a person authorized to be in possession thereof, but for such period only as in the circumstances of the case is reasonably sufficient to enable delivery to the recipient to be effected. (3) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of $10000. [cf. S.I. 1964/1811 reg. 21 U.K.] Cap 134 s 33 Withdrawal of authority conferred by section 22 Remarks: Amendments retroactively made - see 13 of 1999 s. 3 (1) Whenever the Director is of opinion that it is in the public interest to do so, he may by order- (a) withdraw absolutely from any person the authorization conferred by section 22; or (b) withdraw from any person the authorization conferred by section 22 and suspend such withdrawal subject to such conditions as he thinks fit.(2) The withdrawal under subsection (1) of the authorization conferred on any person by section 22 may extend to all dangerous drugs or to such dangerous drugs or class of dangerous drugs as the Director may specify and may be permanent or for such period as the Director may specify. (3) Any person aggrieved by an order under subsection (1) may, within 14 days after the delivery to him of a copy of the order, appeal by way of petition to the Chief Executive. (4) An order under subsection (1) shall take effect on publication in the Gazette, and no such order shall be published in the Gazette- (a) until the expiry of a period of 14 days after a copy thereof, and a statement in writing of the grounds on which the order was made and that the same is to be published in the Gazette, have been delivered to the person in respect of whom it was made; or (b) where there is an appeal under subsection (3), unless the order is confirmed by the Chief Executive or the appeal is abandoned.(5) Where on an appeal under subsection (3) the order under subsection (1) is varied or some other decision substituted therefor or some other order made, notice thereof shall be published in the Gazette, and the decision of the Chief Executive on the appeal shall not take effect until such notice is so published. (6) (a) Where the authorization conferred on any person by section 22 has been withdrawn absolutely, the Director may, upon application, by order- (i) restore the authorization; or (ii) suspend the withdrawal subject to such conditions as he thinks fit. (b) Where the authorization conferred on any person by section 22 has been withdrawn and the withdrawal suspended, the Director may, upon application, by order restore the authorization. (c) Where the authorization conferred by section 22 has been withdraw permanently or for a specified period exceeding one year, no application may be made under this subsection within 6 months after the withdrawal took effect.(7) Any person aggrieved by a refusal of the Director to make an order under subsection (6) may appeal by way of petition to the Chief Executive. (8) Notice of an order under subsection (6), and of a decision of the Chief Executive on an appeal under subsection (7) restoring to any person the authorization conferred by section 22 or suspending the withdrawal of such an authorization, shall be published in the Gazette. (9) On an appeal under subsection (3) or (7), the Chief Executive may confirm, vary or reverse the decision or substitute therefor such other decision or make such other order as he thinks fit. (10) Where an authorization is conferred by section 22(5A) for a specified period, the expiry of such period shall not be regarded as withdrawal of the authorization for the purposes of making any appeal under this section. (Added 2 of 1992 s. 9) (Amended 13 of 1999 s. 3) Cap 134 s 34 Power to prohibit prescribing of dangerous drug Where the authorization conferred by section 22 is withdrawn under section 33 from a registered medical practitioner, a registered dentist or a registered veterinary surgeon, the Director may, by notice in the Gazette, direct that it shall not be lawful for that person to give prescriptions prescribing a dangerous drug. (Amended 96 of 1997 s. 35) [cf. S.I. 1964/1811 reg. 11 U.K.] Cap 134 s 34A Amendment of Sixth Schedule The Director may, by notice in the Gazette, amend the Sixth Schedule where he is of the opinion that it is in the public interest to do so. (Added 2 of 1992 s. 10) Cap 134 s 35 Divan keeping PART V DIVANS, EQUIPMENT FOR SMOKING, INJECTING, ETC. DANGEROUS DRUG, AND PREMISES USED FOR UNLAWFUL TRAFFICKING IN OR MANUFACTURE OF DANGEROUS DRUG (1) No person shall open, keep, manage or assist in the management of a divan where- (a) a dangerous drug is sold in the divan to be smoked, inhaled, ingested or injected therein; (b) a price or its equivalent is charged for the smoking, inhalation, ingestion or injection of a dangerous drug therein; or (c) any benefit or advantage whatever, direct or indirect, is derived by such person in consequence of the smoking, inhalation, ingestion or injection of a dangerous drug therein.(2) Any person who contravenes any of the provisions of subsection (1) shall be guilty of an offence and shall be liable- (a) on conviction on indictment, to a fine of $5000000 and to imprisonment for 15 years; and (b) on summary conviction, to a fine of $500000 and to imprisonment for 3 years. (Amended 43 of 1974 s. 5) Cap 134 s 36 Possession of pipes, equipment, etc. (1) Save under and in accordance with this Ordinance, no person shall have in his possession any pipe, equipment or apparatus fit and intended for the smoking, inhalation, ingestion or injection of a dangerous drug. (2) Any person who contravenes any of the provisions of subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of $10000 and, subject to section 54A, to imprisonment for 3 years. (Amended 67 of 1979 s. 3) Cap 134 s 37 Responsibility of owners, tenants, etc. (1) No person shall- (a) being the owner, tenant, occupier or person in charge of any place or premises, permit or suffer such place or premises or any part thereof to be opened, kept or used as a divan or for unlawful trafficking in or the unlawful manufacturing or storage of a dangerous drug; or (b) let or agree to let, whether as principal or agent, any place or premises with the knowledge that such place or premises or any part thereof is to be opened, kept or used as a divan or for unlawful trafficking in or the unlawful manufacturing or storage of a dangerous drug. (Amended 46 of 1971 s. 5)(2) Any person who contravenes any of the provisions of subsection (1) shall be guilty of an offence and shall be liable- (a) on conviction on indictment, to a fine of $5000000 and to imprisonment for 15 years; and (b) on summary conviction, to a fine of $500000 and to imprisonment for 3 years. (Amended 43 of 1974 s. 6) Cap 134 s 38 Premises used for unlawful trafficking in or manufacturing, etc. dangerous drug (1) Where it is proved to the satisfaction of a court that an offence under section 4, 6, 35 or 37 has been committed in or on or in respect of any place or premises or any part thereof, the court may order that a notice of the fact shall be served either personally or by registered post on- (Amended 46 of 1971 s. 6; 52 of 1992 s. 5) (a) the owner or any tenant of the place or premises or the part thereof; or (b) if such owner or tenant is absent or under disability, on his agent; or (c) if such owner or tenant is a company, on the secretary or manager thereof.(2) After service of a notice under subsection (1), a court may, on application- (a) by the person on whom the notice was served; or (b) in the case of a company, by or on behalf of the company,make an order (which shall be recognized and given effect to in any proceeding in any court) determining any tenancy of such place or premises or of any part of the place or premises as from the date of such order, and thereupon such tenancy shall cease and determine for all purposes and any tenant under the tenancy so determined and any occupier of such place or premises or such part thereof may thereafter be treated as a trespasser. (3) (a) An order under subsection (2) shall be sufficient authority to any police officer to enter (by force if necessary) into the place or premises specified in the order and- (i) evict therefrom any person who may under subsection (2) be treated as a trespasser; and (ii) remove therefrom anything belonging to or in the possession of any such person. (b) The powers given by this subsection shall be in addition to and not in derogation of any powers conferred by or under any other law.(4) If, within 12 months after service of a notice under subsection (1), an offence under section 4, 6 or 35 is proved to have been committed by the same or any other person in or on or in respect of such place or premises or such part thereof, the person on whom the notice was served, or the company where the notice was served on the secretary or manager thereof, shall be guilty of an offence and shall be liable on conviction to a fine of $500000 unless such person or company proves that he or it neither knew nor had reasonable means of knowing that such offence had been committed. (Amended 43 of 1974 s. 7; 52 of 1992 s. 5) (5) A document purporting to be a copy of the records or part of the records of the Land Registry and purporting to be certified by or on behalf of the Land Registrar shall be admitted in evidence in any proceedings under this section on its production by the prosecution without further proof, and- (a) until the contrary is proved, it shall be presumed- (i) that the document is a true copy of the records or part of the records of the Land Registry; and (ii) that the document is certified by or on behalf of the Land Registrar; and(b) such document shall be prima facie evidence of all matters contained therein. (Amended 8 of 1993 ss. 2 & 3)(6) In this section, "tenant" (租客) includes any sub-tenant and "tenancy" (租赁) includes any sub-tenancy. Cap 134 s 38A Interpretation PART VA SEIZURE, DETENTION AND FORFEITURE OF SHIPS In this Part- "excessive quantity" (过量) means a quantity of a dangerous drug specified in the second column of the Fifth Schedule, including the quantity of any other substance contained with the dangerous drug in a preparation, mixture, extract or other material, being not less than the quantity specified in the third column of the Fifth Schedule; "master" (船长) in relation to a ship means the person (except a pilot within the meaning of the Pilotage Ordinance (Cap 84)) having for the time being command or charge of the ship; and "owner" (船东) in relation to a ship means- (a) the person registered or licensed as the owner of the ship or, in the absence of registration or licensing, the person owning the ship; and (b) a demise charterer of the ship. Cap 134 s 38B Commissioner of Customs and Excise may seize and detain ship Where the Commissioner of Customs and Excise has reasonable cause to suspect- (Amended 40 of 1985 s. 9) (a) that an excessive quantity of dangerous drugs has been found on a ship exceeding 250 gross tons; and (b) that an excessive quantity of dangerous drugs was found on that ship within 18 months prior to the finding specified in paragraph (a),he may, with the written consent of the Secretary for Justice, seize and detain the ship for 48 hou
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