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(2) An inspector authorized under this section shall, for the purpose of enforcing the provisions of this Ordinance and of any regulations made thereunder, have power-
(2) at all reasonable times to enter-
(i) any premises which are on the register of premises; and
(ii) any premises at which any listed seller of poisons carries on business; and
(ii) the premises of a person licensed to sell or supply poisons wholesale on such premises in accordance with regulations made under section 29; and
(iv) any premises where the dispensing or manufactur- ing of pharmaceutical products is carried on:
(B) upon the production of his authority as an inspector, at any time to enter and search any place and to stop, board and search any vessel, vehicle, train or aircraft in which he has reason to suspect that an offence under this Ordin- ance is being or has been committed:
(c) in any premises entered pursuant to paragraph (b), to seize and detain any article, document or thing which appears to him to be or to contain evidence of an offence against this Ordinance;
(d) to make such examination and inquiry and to do such other things, including the taking, on payment therefor, of samples, as may be necessary for the purposes of the inspection:
(e) to seize and detain any substance or article consisting of or containing any poison which he has reasonable cause to suspect is in the possession of any person in con- travention of section 23.
(3) Any person who wilfully delays or obstructs an inspector in the exercise of any powers under this section, or refuses to allow any sample to be taken in accordance with this section, or fails without reasonable excuse to give any information which he is duly required under this section to give shall be guilty of an offence.
(4) Any person appearing to an inspector to be in charge of premises where a business which includes the sale of poisons is conducted shall be guilty of an offence if, without reasonable excuse, he fails to disclose particulars sufficient to identify the owner of the business upon being required so to do by the inspector.
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(5) Nothing in this section shall authorize an inspector appointed under this Ordinance to enter or inspect the premises of a registered medical practitioner, a registered dentist or a duly qualified veterinary surgeon, other than those premises where the dispensing, manufacturing or compounding of pharmaceutical products is carried on.
36. (1) Any magistrate may, on application by the Crown, Forfeiture, order to be forfeited any substance or article consisting of or containing any poison with respect to which any offence under this Ordinance has been committed, whether any person has been con- victed of such offence or not, and upon the making of any order of forfeiture such substance or article shall be deemed to be the property of the Crown free from all rights of any person.
(2) In any proceedings on application under subsection (1), any statement or other indication of the nature of any substance or article written upon or attached to any substance, article or container shall, until the contrary is proved. be deemed to be a true description of the substance or article or of the contents of the container, as the case may be.
37. Nothing in this Ordinance shall apply to the sale, manu- facturing. dispensing or compounding of traditional Chinese medicines as listed in the Chinese Herbal Materia Medica (ABMB) or which are made from herbs customarily used by the Chinese people,
38. The Pharmacy and Poisons Ordinance is repealed.
SCHEDULE.
Phosphorus compounds, the following-
Bis-dimethylaminophosphorous anhydride: Diethylparanitrophenyl thiophosphate:
Hexaethyl tetraphosphate,
Octamelbyl pyrophosphoramide;
Tetraethyl pyrophosphate;
together with homologous and related compounds.
[4, 2 & 30.]
Passed by the Hong Kong Legislative Council this 27th day of August, 1969.
Deputy Clerk of Councils.
Ordinance not to apply to traditional Chinese mcdicines.
Repeal. (Cap. 138,)