(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)