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FRIDAY, JULY 15, 1988

ADVERTISEMENTS

IN WHICH MAY REMOVE THE

"I WOULD THEREFORE ADVISE THOSE WHO PUT UP THE FORMS OF SIGNS, CLASSIFIED ADVERTISEMENTS AND OTHERS CONTRAVENE THE PROVISIONS OF THE ORDINANCE TO WITHDRAW OR ADVERTISEMENTS WITHIN ONE MONTH AFTER THE ENACTMENT OF THE ORDINANCE, HE SAID.

MEDICAL

MR HSU EXPLAINED THAT THE PRINCIPAL UNDESIRABLE ADVERTISEMENTS ORDINANCE PROHIBITED PUBLICATION OF ANY ADVERTISEMENT IF IT REPRESENTED ANY MEDICINE, SURGICAL APPLIANCE OR WHETHER DIRECTLY OR INDIRECTLY OR BY IMPLICATION, AS FOR THE TREATMENT OF DISEASES LISTED IN THE SCHEDULE TO THE ORDINANCE. BEING EFFECTIVE

TREATMENT,

"PROBLEMS OF ENFORCEMENT AROSE WHERE ADVERTISEMENTS

AVOIDED REFERRING VEILED

THE USE OF THE PRECISE TERMS APPEARING IN THE TO THE TREATMENT AVAILABLE AND USE INSTEAD COLLOQUIAL TERMS OR LANGUAGE SUCH AS SIGNS AND SYMPTOMS OF THE DISEASE,

SCHEDULE IN

"IN SUCH CASES IT WAS DIFFICULT TO PROVE THAT THE TREATMENT ADVERTISED HAD CONTRAVENED

MEDICINE OR THR LAW. PROBLEMS COULD ARISE, PARTICULARLY IN THE CASE OF STREET ADVERTISEMENT IDENTIFYING AND PROSECUTING THE PERSON PLACING THE MR HSU SAID.

ALSO SIGNS, IN ADVERTISEMENT,

BY

MAKING THE

PERSONS

THE AMENDMENT ORDINANCE REMOVED THE LEGAL OBSTACLES THE PROHIBITION AGAINST ADVERTISING DEPEND NOT ON WHAT ADVERTISEMENT REPRESENTS, BUT ON WHETHER IT IS LIKELY TO LEAD READING THE ADVERTISEMENT TO USE THE MEDICINE, SURGICAL APPLIANCE TREATMENT ADVERTISED IN THE TREATMENT OR

OR PREVENTION OF ANY PRESCRIBED DISEASES OR FOR ANY OF THE OTHER SPECIFIED PURPOSES.

OF THE

AMENDED AND

"AS A DETERRENT, PENALTY FOR OFFENCES UNDER THE ORDINANCE HAS BEEN INCREASED TO $10,000 ON FIRST CONVICTION $25,000 ON SUBSEQUENT CONVICTIONS," MR HSU SAID.

PRESUMPTION CLAUSES ARE PROVIDED UNDER THE ORDINANCE IDENTIFY THE PARTY RESPONSIBLE FOR PLACING THE ADVERTISEMENTS.

то

IN

AN

OR

IS

UNLESS THE CONTRARY IS PROVED, A PERSON WHO IS HELD OUT ADVERTISEMENT AS BEING A MANUFACTURER OR SUPPLIER OF SURGICAL APPLIANCES,

MEDICINE OR AS BEING ABLE TO PROVIDE TREATMENT, PRESUMED TO HAVE CAUSED THE ADVERTISEMENT TO BE PUBLISHED.

A

то

TELEPHONE

WHERE AN ADVERTISEMENT INDICATES SOME MEANS OF CONTACTING PERSON WHO PROVIDES TREATMENT, FOR EXAMPLE, AN ADDRESS OR A NUMBER, THAT PERSON IS PRESUMED TO HAVE CAUSED THE ADVERTISEMENT BE PUBLISHED.

"THE LEGAL PROFESSION HAS BEEN CONSULTED ON THESE ARRANGEMENTS AND THEY SEE NO OBJECTION TO THEM, MR HSU SAID.

TWO NEW SCHEDULES HAVE BEEN ADDED TO THE AMENDED REPLACE THE EXISTING ONE. "THESE UPDATE THE LIST DISEASES AND SPECIFIED PURPOSES AND LIST THEM COMPREHENSIVE AND RATIONAL MANNER, " MR HSU SAID.

ORDINANCE ΤΟ

OF PRESCRIBED IN A MORE

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