TNAG-1805-FCO40-2565-Hong-Kong-health-services-various-ordinances-1988 — Page 11

HONG KONG

LEGAL REPORT

UNDESIRABLE MEDICAL ADVERTISEMENTS (AMENDMENT) ORDINANCE 1988

(No. 65 of 1988)

Enclosure No. Z

This Ordinance amends the Undesirable Medical Advertisements Ordinance in order to add to the list of purposes for which it is prohibited to advertise any medicine, surgical appliance or treatment, and to make it easier to enforce the principal Ordinance.

2.

Schedules 1 and 2 of the Ordinance list the diseases and conditions in respect of which advertisements are prohibited or restricted, and the purposes for which it is prohibited to advertise any medicine, surgical appliance or treatment. These lists are more extensive than the list previously in force, which will continue to apply to labelled containers and packages until such time as Part II of the Ordinance is brought into operation.

3. Section 2

(a)

(b)

4.

-

amends the wording of the prohibition against advertisements by making the offence depend, not on what the advertisement represents, but on whether it is likely to lead to the medicine (etc.) being used for any of the purposes specified in Schedules 1 and 2;

provides certain presumptions as to the person who caused an advertisement to be published.

Section 4 provides similar presumptions in respect

of advertisements relating to abortion.

5.

Section 5 increases penalties.