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Chapter:

549 PDFTitle:CHINESE MEDICINE ORDINANCEGazette Number:L.N. 130 of 2007
Section:2Heading:InterpretationVersion Date:01/07/2007
Remarks:

    For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph (12) of that Resolution.

(1) In this Ordinance, unless the context otherwise requires- (Amended 10 of 2005 s. 121)
"active ingredient" (有效成分) in relation to a proprietary Chinese medicine, means a substance or compound that is used or is intended to be used in the manufacture of the proprietary Chinese medicine and that contributes to the pharmacological effect or effects of the proprietary Chinese medicine;
"board" (組) means the Practitioners Board or the Medicines Board established under section 12;
"certificate of registration" (註冊證明書)-
        (a) in relation to a registered Chinese medicine practitioner registered under section 69, means a certificate issued under section 72;
        (b) in relation to a proprietary Chinese medicine, means a certificate issued under section 121;
"Chairman" (管委會主席) means the Chairman of the Council and includes any person elected to act as temporary Chairman at any meeting of the Council in accordance with the standing orders made under section 49;
"Chinese herbal medicine" (中藥材) means any of the substances specified in Schedule 1 or 2;
"Chinese Medicines Committee" (中藥管理小組) means the committee established under section 25(1)(b)(i);
"Chinese Medicines Traders Committee" (中藥業管理小組) means the committee established under section 25(1)(b)(ii);
"committee" (小組) means a committee established under section 25 or 39;
"Council" (管委會) means the Chinese Medicine Council of Hong Kong established under section 3;
"Director" (署長) means the Director of Health or a Deputy Director of Health;
"Disciplinary Committee of Chinese Medicine Practitioners" (紀律小組) means the committee established under section 25(1)(a)(iii);
"dispense" (配發) means the preparation and supply of Chinese herbal medicines on or in accordance with a prescription given by a registered Chinese medicine practitioner, a listed Chinese medicine practitioner or a person who continues to practise Chinese medicine by virtue of section 90(7), and "dispensing" (配發) and "dispenser" (配劑員) shall be construed accordingly;
"domestic premises" (住用處所) means any premises which are constructed or intended to be used for habitation;
"due inquiry" (適當的研訊) means an inquiry by the Practitioners Board conducted substantially in accordance with the prescribed procedure;
"Examination Committee" (考試小組) means the committee established under section 25(1)(a)(ii);
"functions" (職能) includes duties and powers;
"label" (標籤) includes any statement forming part of or affixed to the container or package of Chinese herbal medicines or proprietary Chinese medicines;
"Licensing Examination" (執業資格試) means the Chinese Medicine Practitioners Licensing Examination set and conducted by the Practitioners Board under section 59;
"limited registration" (有限制註冊) means registration under section 85;
"listed Chinese medicine practitioner" (表列中醫) means a Chinese medicine practitioner whose name is entered on the list maintained by the Practitioners Board under section 90;
"manufacture" (製造) in relation to a proprietary Chinese medicine, means the preparation, production, packing or re-packing of the proprietary Chinese medicine for sale or distribution, and "manufacturer" (製造商) shall be construed accordingly;
"manufacturer licence" (製造商牌照) means a licence issued under section 132;
"Medicines Board" (中藥組) means the Chinese Medicines Board established under section 12(b);
"package" (包裝)-
        (a) means any box, packet or other article in which any proprietary Chinese medicine is enclosed; and
        (b) in the case where such box, packet or other article is enclosed in one or more other boxes, packets or other articles, includes each of the boxes, packets or articles in question;
"package insert" (說明書) means any leaflet, notification or other written material supplied with the package of a proprietary Chinese medicine to provide information in respect of the proprietary Chinese medicine, but does not include a label;
"practising certificate" (執業證明書) means a certificate issued under section 76;
"practising Chinese medicine" (作中醫執業、以中醫方式行醫) means any of the following act or activities-
        (a) the diagnosis, treatment, prevention or alleviation of any disease or any symptom of a disease;
        (b) the prescription of Chinese herbal medicines or proprietary Chinese medicines;
        (c) the regulation of the functional states of the human body,
on the basis of traditional Chinese medicine in general practice, acupuncture or bone-setting, and "Chinese medicine practice" or "practice of Chinese medicine" (中醫執業) shall be construed accordingly;
"Practitioners Board" (中醫組) means the Chinese Medicine Practitioners Board established under section 12(a);
"prescribed" (訂明) means prescribed by regulations made under section 161;
"process" or "processing" (炮製) means any type of treatment or preparation applied to a Chinese herbal medicine or mixture of Chinese herbal medicines based on traditional Chinese medicine before it is being-
        (a) offered for sale;
        (b) supplied to a patient; or
        (c) used for the manufacture of a proprietary Chinese medicine;
"proprietary Chinese medicine" (中成藥) means any proprietary product-
        (a) composed solely of the following as active ingredients-
          (i) any Chinese herbal medicines; or
          (ii) any materials of herbal, animal or mineral origin customarily used by the Chinese; or
          (iii) any medicines and materials referred to in subparagraphs (i) and (ii) respectively;
        (b) formulated in a finished dose form; and
        (c) known or claimed to be used for the diagnosis, treatment, prevention or alleviation of any disease or any symptom of a disease in human beings, or for the regulation of the functional states of the human body;
"Register" (註冊名冊) means the Register of Chinese Medicine Practitioners kept in accordance with section 52;
"registered Chinese medicine practitioner" (註冊中醫)-
        (a) means a person whose name appears on the Register and who is registered under section 69 or 85;
        (b) excludes a person whose name is entered on the list maintained by the Practitioners Board under section 90;
"registered particulars" (註冊詳情) means the particulars of a proprietary Chinese medicine required under section 121(1)(b);
"Registrar" (註冊主任) means the Registrar of Chinese Medicine Practitioners appointed under section 51;
"registration assessment" (註冊審核) means the assessment conducted by the Practitioners Board under section 94;
"Registration Committee" (註冊事務小組) means the committee established under section 25(1)(a)(i);
"Regulatory Committee of Chinese Medicines Traders" (中藥業監管小組) means the committee established under section 25(1)(b)(iii);
"retail" or "retailing" (零售) means the selling of any Chinese herbal medicines to a person who obtains the same other than for the purpose of wholesale, and "retailer" (零售商) shall be construed accordingly;
"retailer licence" (零售商牌照) means a licence issued under section 114;
"Secretary" (局長) means the Secretary for Food and Health; (Amended L.N. 106 of 2002; L.N. 130 of 2007)
"sell" (銷售、出售) includes-
        (a) offer or expose for sale;
        (b) supply without payment; and
        (c) offer or expose for supply without payment,
and "sale" (銷售) and "seller" (銷售商) shall be construed accordingly;
"trade of Chinese medicines" (中藥業) means the carrying out of business in the dispensing, retailing, wholesale dealing, manufacturing, importing, or processing of any Chinese herbal medicine or proprietary Chinese medicine, as the case may be, and "Chinese medicines trader" (中藥業者) shall be construed accordingly;
"wholesale" (批發) or "wholesale dealing" (批發交易) means-
        (a) the importing and selling; or
        (b) the obtaining and selling,
of any Chinese herbal medicine or proprietary Chinese medicine to-
        (i) a manufacturer; or
        (ii) a person who obtains such medicine for the purpose of-
          (A) selling again; or
          (B) supplying or causing to supply,
          such medicine to a third party in the course of business or activity carried out by that person,
and "wholesaler" and "wholesale dealer" (批發商) shall be construed accordingly;
"wholesaler licence in Chinese herbal medicines" (中藥材批發商牌照) means a licence issued under section 115;
"wholesaler licence in proprietary Chinese medicines" (中成藥批發商牌照) means a licence issued under section 135.
(2) For the purposes of sections 98(5)(b) and 104(4) and (5), an appeal to the Court of Appeal shall be deemed to be finally determined when the earliest of the following events occurs, whichever is applicable in the circumstances-
        (a) when the appeal to the Court of Appeal is withdrawn or abandoned;
        (b) when the specified period expires without an application for leave to appeal having been made to the Court of Appeal;
        (c) if, before the expiry of the specified period, an application for leave to appeal is made to the Court of Appeal-
          (i) when the application is withdrawn or abandoned;
          (ii) if the application is refused, when the specified period expires without an application for leave to appeal having been made to the Court of Final Appeal; or
          (iii) if the application is granted, when the appeal to the Court of Final Appeal is withdrawn, abandoned or disposed of; or
        (d) if, before the expiry of the specified period, an application for leave to appeal is made to the Court of Final Appeal-
          (i) when the application is withdrawn, abandoned or refused; or
          (ii) if the application is granted, when the appeal to the Court of Final Appeal is withdrawn, abandoned or disposed of. (Added 10 of 2005 s. 121)
(3) In subsection (2)-
"application for leave to appeal" (上訴許可申請) means an application made to the Court of Appeal or the Court of Final Appeal under section 24 of the Hong Kong Court of Final Appeal Ordinance (Cap 484) for leave to appeal to the Court of Final Appeal from a judgment of the Court of Appeal;
"specified period" (指明限期)-
        (a) in the case of an application for leave to appeal made to the Court of Appeal, means-
          (i) subject to subparagraph (ii), the period of 28 days within which the notice of motion referred to in section 24(2) of the Hong Kong Court of Final Appeal Ordinance (Cap 484) is required to be filed; or
          (ii) if, on an application made within the 28-day period referred to in subparagraph (i), the Court of Appeal extends that period, the period as so extended; or
        (b) in the case of an application for leave to appeal made to the Court of Final Appeal, means-
          (i) subject to subparagraph (ii), the period of 28 days within which the notice of motion referred to in section 24(4) of the Hong Kong Court of Final Appeal Ordinance (Cap 484) is required to be filed; or
          (ii) if, on an application made within the 28-day period referred to in subparagraph (i), the Court of Final Appeal extends that period, the period as so extended. (Added 10 of 2005 s. 121)