10
CAP. 134]
Dangerous Drugs
[1988 Ed.
(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 $500,000 and to imprisonment for 7 years; and
(b) on summary conviction, to a fine of $100,000 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 Attorney General, 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.
Dangerous drug not to be supplied except to person authorized or licensed to be in possession thereof
(Added, 37 of 1980, s. 3)
5. (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 $100,000 and to imprisonment for 15 years; and
(b) on summary conviction, to a fine of $10,000 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; or