1988 Ed.]

Dangerous Drugs

[CAP. 134

15

(b) on summary conviction, to a fine of $10,000 and to imprisonment for 3 years.

(6) Subsection (1) or (3)(b) shall not apply to-

(a) a dangerous drug which is in transit by post; or

(b) a dangerous drug forming part of the medical stores of a ship or aircraft, if the quantity thereof does not exceed the quantity reasonably required for the purpose of such stores.

(7) Subsection (2) shall not apply to a dangerous drug which is in transit by post.

Licence to remove dangerous drug in transit

15. (1) Subject to subsection (2), the Director may issue a removal licence authorizing the person named therein to remove the dangerous drug in transit specified therein in such manner and at such time as may be specified therein.

(2) Except where a dangerous drug which is in transit was exported from a country which is not a party to the Conventions, a removal licence shall not be issued in respect of a dangerous drug unless a valid export authorization or diversion certificate relating to that drug is produced to the Director.

Licence to divert dangerous drug in transit

16. (1) Subject to subsection (2), the Director may issue a diversion licence authorizing the person named therein to divert the dangerous drug in transit specified therein to such country as may be specified therein.

(2) The Director shall not issue a diversion licence under subsection (1) except-

(a) on production to him of a valid import certificate issued by a competent authority in the country to which the dangerous drug in transit is to be diverted; or

(b) if that country is not a party to the Conventions, on production to him of evidence which satisfies him that the dangerous drug in transit is to be consigned to the country to which it is to be diverted in a lawful manner and for a lawful purpose.

(3) On the issue of a diversion licence under subsection (1), the export authorization or diversion certificate (if any) accompanying the dangerous drug when it was imported into Hong Kong shall be detained by the Director and returned to the authority by which it was issued, together with a notice of the name of the country to which the dangerous drug has been diverted.

(4) When a diversion licence is issued to any person under subsection (1), the Director shall also issue to that person a copy of the licence.

Requirement to be complied with where diversion licence issued

17. (1) The person to whom a diversion licence is issued under section 16(1) shall send the copy of the licence issued to him pursuant to section 16(4) with the dangerous drug to which the licence relates when the same is exported from Hong Kong.

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