A250
Ord. No. 50/80
Addition of new sections 30 and 30A.
PHARMACY AND POISONS (AMENDMENT)
suspension of a licence for wholesale dealers in poisons under such regulations;";
(c) by deleting paragraph (j) and substituting the following—
"(j) providing for the licensing of manufacturers and for appeals against any refusal, revocation or suspension of a licence for manufacturers under such regulations;";
(d) by deleting paragraph (q) and substituting the following
"(q) providing for the registration of pharmaceutical products manufactured in or imported into Hong Kong and for the payment of fees in respect thereof, and for appeals against any refusal, revocation or suspension of such registration under such regulations;
(qa) providing for the provisional registration of pharmaceu
tical products and the conduct of clinical trials on human beings and medicinal tests on animals, and for the issue of certificates and duplicate certificates and the payment of fees in respect thereof;
(qb) providing for the registration of persons carrying on business as importers or exporters of pharmaceutical products and for the payment of fees in respect thereof, and for appeals against any refusal, revocation or suspen- sion of such registration under such regulations;”.
8. The principal Ordinance is amended by adding after section 29 the following-
"Pharmacy
and Poisons
Appeal Tribunal.
30. (1) There shall be a Pharmacy and Poisons Appeal Tribunal (in this Ordinance referred to as "the Tribunal") with jurisdiction to hear and determine-
(a) any appeal against a direction of the Board under
section 25(3);
(b) any appeal against-
(i) a decision of a committee of the Board in respect of which provision authorizing such appeal is made in regulations under section 29; or
(ii) a decision of the Board in the performance by the Board under section 4A(8) of any function of a committee of the Board which, if made by the committee in exercise of such functions, would be a decision to which sub-paragraph (i) applies.
(2) The Tribunal shall consist of—
(a) the following persons appointed by the Governor
to be members thereof-
(i) a legally qualified person who shall be the
chairman of the Tribunal;
(ii) a registered medical practitioner;
(iii) a registered pharmacist;
(iv) a person qualified in pharmacology;
(b) such person from the panel referred to in sub- section (3)(a) as the Director may nominate from time to time to act as a member representing pharmacists' associations;
(c) such person from the panel referred to in sub- section (3)(b) as the Director may nominate from
PHARMACY AND POISONS (AMENDMENT)
Ord. No. 50/80
A251
time to time to act as a member representing the pharmaceutical industry; and
(d) such person from the panel referred to in sub- section (3)(c) as the Director may nominate from time to time to act as a member representing the retail pharmaceutical trade.
(3) For the purposes of subsection (2)(b), (c) and (d), the Governor may appoint—
(a) a panel consisting of persons nominated by
pharmacists' associations;
nominated by
(b) a panel consisting of persons
pharmaceutical industry associations; and (c) a panel consisting of persons nominated by the
retail pharmaceutical trade associations,
and may at any time terminate any such appointment or make any alternative or additional appointment as he may deem fit.
(4) A person appointed to be a member of the Tribunal under subsection (2)(a) shall hold office for such period not exceeding 3 years as the Governor may determine, and may resign at any time by notice in writing addressed to the Governor.
(5) A person nominated by the Director to act as a member of the Tribunal under subsection (2)(b), (c) or (d) shall hold such office during any period for which he is so nominated to act, and such person may resign from the panel of which he is a member at any time by notice in writing addressed to the Governor.
(6) If the chairman of the Tribunal is unable to attend at the hearing of any appeal, such other member of the Tribunal appointed under subsection (2)(a) as the Director may designate to act as chairman shall preside at the hearing.
(7) The Tribunal may act notwithstanding any vacancy
in its membership and, for the purpose of hearing and determining any appeal under this section, the Tribunal shall be duly constituted if it consists of the chairman (or the member designated under subsection (6) to act as chairman) and not less than 2 other members sitting together through- out the hearing and determination.
(8) The Tribunal may examine any person as a witness on oath or otherwise, and may summon any person to attend and give evidence or to produce any document relating to any appeal before the Tribunal, as the Tribunal may deern necessary for the determination of the appeal.
(9) In determining any appeal under this section, the Tribunal may dismiss the appeal or allow the appeal wholly or in part, and may, subject to regulations made under sub- section (10), in either case give such reasons for its decision as it may deem fit.
(10) The Governor may make regulations-
(a) regulating appeals under this section and the
practice and procedure of the Tribunal;
(b) prescribing fees in respect of such appeals and
matters connected therewith.