Amendment of
seccion 20.
Addition of New BectionE 30 and 3DA.
450 of 1990J
7.
(a)
(7) Nothing in this section shall-
(a) apply to any person licensed under this Ordinance
as a wholesale dealer in poisons;
(b) operate so as to prohibit any person who was carrying on business as an importer or exporter of pharmaceutical products prior to the commence- ment of the Pharmacy and Poisons (Amendment) Ordinance 1980 from continuing to carry on such business until the expiration of a period of 6 months after the commencement of that Ordinance.”.
Section 29(1) of the principal Ordinance is amended- by inserting after paragraph (g) the following-
"[ga] regulating the making and determination of applications under section 25(1) in respect of the entering of names on the list kept under that section and providing for appeals against refusals of such applications;":
(6) by deleting paragraph (4) and substituting the following-
"Co providing for the licensing of wholesale dealers in poisons and for appeals against any refusal, revocation or suspension of a liceace for wholesale dealers in poisons under such regulations;":
(c) by deleting paragraph (}) and substituting the following-
" providing for the licensing of manufacturers and for appeals against any refusal, revocation or suspension of a liccace for manufacturers under such regulations."; (d) by deleting paragraph (4) and substituting the following-
"(q) providing for the registration of pharmaceutical products manufactured in or imported into Hong Kong and for the payment of fees in respect thereof, and for appeals against any refusal, revocation or suspension of such registration under such regulations:
8.
(ga) providing for the provisional registration of pharmaceu- tical products and the conduct of clinical trials on humATI beings and medicinal tests on animals, and for the issue of cerúficates and duplicate certificates and the payment of fees in respect thereof;
(qb) providing for the registration of persons carrying og business as importers or exporters of pharmaceutical products and for the payment of fees in respect Ühereof, and for appeals against any refusal, revocation or suspen- sion of such registration under such regulations;”.
The principal Ordinance is amended by adding after section 29 the following-
**Pharmacy and Polku Apocal Tribunal.
30. (1) There shall be a Pharmacy and Poisons Appeal Tribunal (in this Ordinance referred to as the Tribunal") with jurisdiction to hear and determine-
(a) any appeal against a direction of the Board under
section 25(3)
(8) any appeal against-
(D) a decision of a committee of the Board in respect of which provision authorizing such appes] is made in regulations under section 29; or
(i) a decision of the Board in the performance by the Board under section 44(8) of any function of a committee of the Board which, if made by the committee in exercise of such functions, would be a decision to which sub-paragraph ( applies. (2) The Tribunal shall consist of—
(a) the following persons appointed by the Governor
to be members thereof—
(i) a legally qualified person who shall be the
chairman of the Tribunal;
(i) a registered medical practitioner;
(ii) a registered pharmacist;
(iv) a person qualified in pharmacology:
(b) such person from the panel referred to in sub- section (3)(a) as the Director may nominate from time to time to act as a member representing pharmacists' associations;
(c) such person from the panel referred to in sub- section (3)(6) as the Director may nominale from time to time to act as a member representing the pharmaceutical industry; and
(4) such person from the panel referred to in sub- section (3)(c) as the Director may nominate from time to time to act as a member representing the retail pharmaceutical trade,
() For the purposes of subsection (2)(8), (c) and (d), the Governor may appoint-
(4) a panel consisting of persons nominated by
pharmacists' associations;
(0) A panel consisting of persons nominated by
pharruaceutical industry associations; and
(c) a panel consisting of persons nominated by the
retail pharmaceutical trade associations,
and may at any time terminate any such appointment or make soy alterative or additional appointment as he may dcem ft.
(4) A person appointed to be a member of the Tribunal under zubasction (2)(z) shall hold office for such period not axceeding 3 years as the Governor may determine, and may resign at any time by notice in writing addressed to the Governor.
(3) A person nominated by the Director to acl að a member of the Tribunxl under subsection (2)(b), (c) or (4) shall hold such office during any period for which he is so pominated to act, and such person may resign from the panel of which he is a member at any time by notice io writing addressed to the Governor.
(6) If the chairman of the Tribunal is unable to attend at the hearing of any appeal, auch other member of the Tribunal appointed under subsection (2)(a) as the Director may designate to act as chairman shall preside at the hearing.
(7) The Tribunal may act notwithstanding any vacancy
in its membership and, for the purpose of hearing and