Prohibition
of adver. tizementa relating to
certain
diseasen. Exceptions therefrom.
Schedale.
Prohibition of adver
tisements
3. (1) No person shall take any part in the publication of any advertisement-
(a) canvassing or referring to the sale or supply of any medicine or surgical appliance or offering the same for sale or supply; or
(6) referring to the administration of any treatment or
offering to administer treatment,
if such advertisement represents such medicine or surgical appliance or treatment whether directly or indirectly or by implication as being effective for the treatment of human beings for any of the purposes specified in the Schedule.
(2) Subsection (1) shall not apply to an advertisement published by or with the authority of the Director of Medical and Health Services or to an advertisement duly authorized by an officer of Her Majesty's forces for dissemination only amongst members of Her Majesty's forces.
*
4. No person shall take any part in the publication of any advertisement referring to any article, or articles of any descrip relating to tion, in terms which are calculated to lead "to" the use of that article, or articles of that description, for procuring the miscarriage of women.
abortion,
Certain defences. Provision as to native
5. (1) In any proceedings for a contravention of section 3 or 4, it shall be a defence to prove that the advertisement to which the proceedings relate was made only in a publication of a technical herbalists. character intended for circulation mainly amongst persons of the
following classes, or of one or some of them--
(Cap. 16)).
(Cap, 138).
(a) medical practitioners registered under the Medical Regis
tration Ordinance, or persons deemed to be medical practitioners under section 17 thereof;
(b) pharmacists registered under the Pharmacy and Poisons
Ordinance;
(c) the professional staff of hospitals, nursing homes,
leprosaria or mental hospitals;
(d) persons of Chinese race practising medicine or surgery as herbalists according to purely Chinese methods in accordance with subsection (1) of section 3 of the Medical Registration Ordinance.
(2) Nothing in the provisions of section 3 of the Medical Registration Ordinance shall be taken to permit any native herbalist or other person to take any part in an advertisement infringing the provisions of this Ordinance, except to the extent of the defence provided for in subsection (1) heroof.
6. Any person who contravenes the provisions of section 3 Penalty. or 4 shall be guilty of an offence and liable upon a first conviction to a fine of two thousand dollars and upun a second or subsequent conviction to a fine of five thousand dollars and imprisonment for one year.
SCHEDULE
[& 3
1. The prevention, relief or cure of any venereal disease, that is to say, syphilis, gonorrhoea, soft chancre, or other genito-urinary disenses in any of their forms.
2. The prevention, relief or cure of Bright's disease, cancer, con- sumption or tuberculosis, leprosy, lopus, diabetes, epilepsy or fte, locomotor ataxy, paralysis or infantile paralysia.
3. The prevention, relief or cure of arterio-sclerosis, septicaemin, diphtheria, dropay, erysipelas, gallstones, kidney stones and bladder stones, goitre, heart disease, tetanus or lockjaw, pleurisy, pneumonia, scarlet fever, smallpox, trachoma, amenorrhoea, hemmin or rupture, or blindness.
4. The prevention or cure of any structural or organle ailment of the auditory system.
6. The cure of any habit associated with sexani indulgence, or the prevention, relief or cure of any ailment associated with those Jubita or for the promotion of sexual virility, desire or fertility or for the restoration or stimulation of the mental faculties or of last youth.
Passed the Legislative Council of Hong Kong, this 14th day of January, 1953-
Deputy Clerk of Councils.