2

CAP. 231]

Undesirable Medical Advertisements

[1988 Ed.

(4) Where an advertisement published in contravention of subsection (1) gives the name, address or telephone number of, or indicates some other means of contacting, a person, and that person-

(a) manufactures or supplies medicine or surgical appliances; or

(b) provides any treatment,

that person is presumed, until the contrary is proved, to have caused the advertisement to be published. (Added, 65 of 1988, s. 2)

(5) For the purposes of subsection (1) neither of the following shall constitute the publication of an advertisement-

(a) the sale or supply, or exposure for sale or supply, of any

(i) medicine;

(ii) surgical appliance; or

(iii) treatment,

in a labelled container or package;

(b) the supply, inside any container or package containing any medicine, surgical appliance or treatment, of information relating to that or any other medicine, surgical appliance or treatment. (Added, 65 of 1988, s. 2)

(6) Subsection (5) shall cease to have effect on the commencement* of Part II of the Undesirable Medical Advertisements (Amendment) Ordinance 1988 (65 of 1988). (Added, 65 of 1988, s. 2)

Restrictions affecting labelled containers and packages

3A. (1) Except with the authority of the Director of Medical and Health Services, no person shall sell or supply, or expose for sale or supply, any

LIV. 1234 183 medicine, surgical appliance or treatment in a labelled container or package if

that labelled container or package is likely to lead to the use of that medicine, surgical appliance or treatment for treating human beings for any purpose specified in Schedule 3.

(2) Subsection (1) shall not apply to a sale or supply, or exposure for sale or supply, to a member of Her Majesty's forces, of a medicine, surgical appliance or treatment in a labelled container or package if an officer of Her Majesty's forces has authorized the sale or supply, to such a member, of that medicine, surgical appliance or treatment in that labelled container or package.

(3) This section shall cease to have effect on the commencement of Part II of the Undesirable Medical Advertisements (Amendment) Ordinance 1988. (Added, 65 of 1988, s. 3)

Prohibition of advertisements relating to abortion

4. (1) Subject to subsection (2), no person shall in any manner write, print, or publish or cause to be written, printed or published any advertisement-

* 15.8.1990 - L.N. 219/88.

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