TNAG-1773-FCO40-2525-Hong-Kong-Exchange-Fund-Hong-Kong-Futures-Exchange-Limited--1988 — Page 64

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UNDESIRABLE MEDICAL ADVERTISEMENTS Ord. No. 65/88

(AMENDMENT)

(b) by adding after subsection (2)—

(65 of 1988)

3.

"Restrictions affecting labelled

"(3) Where, in an advertisement published in contraven- tion of subsection (1), a person named in that advertisement is held out-

(a) as being a manufacturer or supplier of medicine or

surgical appliances; or

(b) as being able to provide any treatment,

that

person is presumed, until the contrary is proved, to have caused the advertisement to be published.

(4) Where an advertisement published in contravention of subsection (1) gives the name, address or telephone number of, or indicates some other means of contacting, a person, and that person-

(a) manufactures or supplies medicine or surgical

appliances; or

(b) provides any treatment,

that person is presumed, until the contrary is proved, to have caused the advertisement to be published.

(5) For the purposes of subsection (1) neither of the following shall constitute the publication of an advertise- ment-

(a) the sale or supply, or exposure for sale or supply, of

any-

(i) medicine;

(ii) surgical appliance; or

(iii) treatment,

in a labelled container or package;

(b) the supply, inside any container or package con- taining any medicine, surgical appliance or treat- ment, of information relating to that or any other medicine, surgical appliance or treatment.

(6) Subsection (5) shall cease to have effect on the commencement of Part II of the Undesirable Medical Adver- tisements (Amendment) Ordinance 1988.".

The following is added after section 3-

containers and packages

Schedule 3

3A. (1) Except with the authority of the Director of Medical and Health Services, no person shall sell or supply, or expose for sale or supply, any medicine, surgical appliance or treatment in a labelled container or package if that labelled container or package is likely to lead to the use of that medicine, surgical appliance or treatment for treating human. beings for any purpose specified in Schedule 3.

(2) Subsection (1) shall not apply to a sale or supply, or exposure for sale or supply, to a member of Her Majesty's

A381

Section added