Control of sale and supply of substances to which this Ordinance applies
Version Date:
01/01/2000
(1) Subject to the provisions of this section, no person shall sell or otherwise supply any substance to which this Ordinance applies or any preparation of which any such substance is an ingredient or part unless he is-
(a) a registered medical practitioner, a registered dentist or a registered veterinary surgeon or a person acting in accordance with the directions of any such medical practitioner, dentist or veterinary surgeon, and the substance or preparation is sold or supplied for the purpose of treatment by or in accordance with the directions of that medical practitioner, dentist or veterinary surgeon; or (Amended 96 of 1997 s. 37)
(b) a person who, although not a registered medical practitioner, practises medicine in a clinic in such circumstances that, by virtue of section 8(8) of the Medical Clinics Ordinance (Cap 343), he is not by reason solely of such practice guilty of an offence under section 28 of the Medical Registration Ordinance (Cap 161) and the substance or preparation is sold or supplied by him solely in the course of his practice in that clinic for the purpose of treatment by him or treatment in accordance with his directions; or (Added 14 of 1964 s. 2)
(c) a registered pharmacist or an authorized seller of poisons, and the substance or preparation is sold or supplied under the authority of a prescription signed and dated by such medical practitioner, dentist or veterinary surgeon as aforesaid.
(2) No person shall administer by way of treatment any such substance or preparation unless he is such a medical practitioner, dentist or veterinary surgeon or a person acting in accordance with the written directions of any such medical practitioner, dentist or veterinary surgeon, or a holder of a valid permit issued by the Director of Agriculture, Fisheries and Conservation under section 6(2), or a person acting under the direction of a holder of such permit, or a person referred to subsection (1)(b) and such substance or preparation is administered in the course of his practice in the clinic concerned. (Amended 50 of 1955 s. 3; 23 of 1962 s. 3; 14 of 1964 s. 2; L.N. 331 of 1999)
(3) Subsection (1) shall not apply to the sale or supply of any such substance or preparation-
(a) to any person who is a holder of a valid permit issued under this Ordinance to deal in such substance or preparation; (Replaced 50 of 1955 s. 3)
(b) to any person who is a holder of a valid permit issued by the Director of Agriculture, Fisheries and Conservation under section 6(2), if any substance or preparation so sold or supplied is clearly labelled "for veterinary purposes only" and "只限醫治禽畜用"; (Added 23 of 1962 s. 3. Amended 80 of 1997 s. 115; L.N. 331 of 1999)
(c) to any such medical practitioner, dentist or veterinary surgeon as aforesaid;
(d) to any authority or person carrying on a hospital, clinic, nursing home or other institution providing medical, surgical or veterinary treatment:
Provided that this paragraph shall not apply to any hospital, clinic, nursing home or other institution which is required to be registered under the Medical Clinics Ordinance (Cap 343) unless it is so registered; (Replaced 14 of 1964 s. 2)
(e) to any person carrying on an institution or business which has among its recognized activities the conduct of scientific education or research, for use by persons engaged in that education or research; or
(f) to any public department.
(4) The person dispensing a prescription shall comply with the following requirements-
(a) if the prescription contains a direction that it may be dispensed a stated number of times or, at stated intervals, it must not be dispensed otherwise than in accordance with the direction;
(b) at the time of dispensing there must be noted on the prescription the signature of the prescriber, the name and address of the seller and the date on which the prescription was dispensed;
(c) except in the case of a prescription which may be dispensed on more than one occasion, the prescription must for a period of 2 years be retained and kept on the premises on which it was dispensed, in such manner as to be readily available for reference.