1968-HKRS28-8-35_Part03 — Page 9

Requirement

to be complied with where diversion

licence issued.

General powEI of Director to issue licences.

Issue of licence,

etc. to be in discretion of Director and power to im- Bose conditions.

Cancellation of licences, etc.

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(5) 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) accom- panying 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.

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

(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of five thousand dollars and to imprisonment for six months.

18. In addition to the licences and certificates which the Director is empowered to issue under any other provision in this Part, the Director may issue any licence required for the purposes of this Ordinance.

19. (1) Save as otherwise provided, the issue of a licence or certificate under this Ordinance shall be in the discretion of the Director.

(2) On the issue of a licence or certificate under this Ordin- ance, the Director may impose such conditions as he thinks fit. (3) Any person who contravenes a condition to which a licence or certificate issued by the Director under this Ordinance is subject shall be guilty of an offence and shall be liable on conviction to a fine of fifty thousand dollars and to imprisonment for three years.

20. (1) The Director may at any time cancel a licence or certificate issued under this Ordinance.

(2) Any person aggrieved by the cancellation under sub- section (1) of a licence or certificate may, within fourteen days after the delivery to him of nolice of the cancellation, appeal by way of petition to the Governor.

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(3) On an appeal under subsection (2), the Governor may confirm, vary or reverse the decision or substitute therefor such other decision or make such other order as he thinks fit.

21. A licence or certificate under this Ordinance shall be in such form as the Director may determine.

PART IV.

STATUTORY AUTHORITY TO PROCURE, SUPPLY

AND POSSESS DANGEROUS DRUGS.

22. (1) Subject to the provisions of this Ordinance- (0) a registered medical practitioner:

(8) a registered dentist;

(c) an approved veterinary surgeon; (4) the Chief Pharmacist:

(e) a person-

(i) who is a registered pharmacist or an approved person;

(ii) who is employed or engaged at a prescribed bospital or at a health centre or clinjo maintained by the Crown; and

(ii) whose duties in that employment or engagement include the dispensing or supply of medicines for that, or any other such, hospital, health centre or clinic,

0 a sister for the time being in charge of a ward, theatre or other department in a prescribed hospital or in a health centre or clinic maintained by the Crown;

(g) a person in charge of a laboratory used for the purposes of research or instruction and attached to a university or to an approved hospital or institution,

is hereby authorized, so far as may be necessary for the practice or exercise of his profession, function or employment, and in his capacity as such, to be in possession of and to supply a dangerous drug.

(2) Subject to the provisions of this Ordinance, the matron of a prescribed bospital is hereby authorized, so far as may be necessary for the purposes of the hospital, and in her capacity as matron thereof, to be in possession of and to supply a dangerous drug.

Form of licence and certificate.

Statutory authority for certain persons to possess, supply at manufacture dangerous drugs.

8.1. 1964/1811. PED. 1901) Maki (9).