XN000022-1992-11-13 — Page 5

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FRIDAY, NOVEMBER 13, 1992

ONE OF THE AMENDMENTS IS TO DELETE ALL REFERENCES TO A MEDICAL COMMITTEE FROM THE TUNG WAH GROUP OF HOSPITALS ORDINANCE, AS THE COMMITTEE NO LONGER EXISTS.

TO RELIEVE THE EXECUTIVE COUNCIL FROM LESS IMPORTANT MATTERS THE POWER OF MAKING REGULATIONS OF AN ADMINISTRATIVE OR ROUTINE NATURE IN THREE OF THE ORDINANCES WILL ALSO BE TRANSFERRED TO RITHER THE SECRETARY FOR HEALTH AND WELFARE OR THE DIRECTOR OF HEALTH.

THE BILL FURTHER PROPOSES TO REVISE THE LEVELS OF PENALTY IN THE PHARMACY AND POISONS ORDINANCE AND THE ANTIBIOTICS ORDINANCE.

THE LEVELS OF PENALTY UNDER THE PHARMACY AND POISONS ORDINANCE HAVE REMAINED UNCHANGED SINCE 1972 WHILE THOSE UNDER THE ANTIBIOTICS ORDINANCE SINCE 1986.

"TAKING INTO CONSIDERATION INFLATION OVER ALL THESE YEARS, THESE HAVE TO BE UPDATED TO ACHIEVE SUFFICIENT DETERRENT EFFECTS, 甲申

THE SPOKESMAN SAID.

UNDER THE PROPOSED BILL, ANY PERSON WHO IS GUILTY OF AN OFFENCE UNDER THE PHARMACY AND POISONS ORDINANCE WILL BE LIABLE TO AN IMPRISONMENT OF 12 MONTHS AND A FINE OF $30,000, COMPARED WITH 12 MONTHS' IMPRISONMENT AND A FINE OF $10,000 AS AT PRESENT.

THE FURTHER FINE OF $1,000 FOR EVERY DAY DURING WHICH THE OFFENCE CONTINUES SUBSEQUENT TO CONVICTION IS REPEALED.

AS TO THE SPECIFIC OFFENCE OF SELLING PART I (FIRST SCHEDULE) POISONS WITHOUT PROPER ENTRY IN A POISONS BOOK OR TO PERSON WHO IS NOT "FIT AND PROPER", THE MAXIMUM PENALTY IS RAISED FROM $1,000 TO $5,000.

SIMILARLY, PENALTY LEVELS UNDER THE ANTIBIOTICS ORDINANCE ADJUSTED UPWARD.

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THE MAXIMUM PENALTY FOR FAILIE TO MAINTAIN APPROPRIATE RECORDS OF TRANSACTIONS BY THOSE PERMITTED TO POSSESS OR CONTROL ANTIBIOTIC SUBSTANCES IS RAISED TO $5,000.

THE GAME APPLIES TO THE OFFENCE OF INTERFERING WITH A PUBLIC OFFICER'S EXERCISE OF POWERS IN INSPECTION AND ENFORCEMENT OF THE ORDINANCE.

WHEREAS A MAXIMUM OF 12 MONTHS' IMPRISONMENT REMAINS. THE CEILING OF THE FINE FOR CONTRAVENTION CONCERNING THE SALE, SUPPLY AND POSSESSION OF ANTIBIOTIC SUBSTANCES IN GENERAL IS NOW $30,000.

AMENDMENTS ΤΟ THE PHARMACY AND POISONS BOARD PROCEDURES

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ALSO MADE.

RATHER THAN APPOINTING A DISCIPLINARY COMMITTEE EVEN IN THE CASE OF A MINOR MISDEMEANOUR, THE PHARMACY AND POISONS BOARD CAN EXERT ITS DISCRETIONARY POWER AS TO WHETHER SUCH A COMMITTEE WOULD

BE SET

UP.

/THE ISSUE