TNAG-1805-FCO40-2565-Hong-Kong-health-services-various-ordinances-1988 — Page 82

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Penalty

UNDESIRABLE MEDICAL ADVERTISEMENTS (AMENDMENT) BILL 1988

10. Section 6 is amended by repealing ", 3A".

Schedule 3 repealed

11. Schedule 3 is repealed.

Explanatory Memorandum

The objects of this Bill are 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. The sale or supply of medicine, surgical appliances or treatment in a labelled container or package is, however, to remain subject to existing prohibitions until such time as Part II of the Bill is brought into operation. Section 3 of the principal Ordinance prohibits advertisements that represent any medicine, surgical appliance or treatment as being effective for any of the purposes specified in the Schedule. Clause 2 of this Bill amends section 3

3.

(a) to make the prohibition depend, not on what the advertisement represents, but on whether it is likely to lead to the medicine, surgical appliance or treatment being used for any of the purposes specified in the new Schedules 1 and 2;

(b) to provide that a person who is held out in such an advertisement as being a manufacturer or supplier of medicine or surgical appliances, or as being able to provide treatment, is presumed, until the contrary is proved, to have caused the advertisement to be published;

(c) to provide that where such an advertisement indicates some means of contacting a person who manufactures or supplies medicine or surgical appliances, or who provides treatment, that person is presumed, until the contrary is proved, to have caused the adver- tisement to be published; and

(d) to provide, as a temporary measure, that the amended section does not apply to the sale or supply of medicine, surgical appliances or treatment in a labelled container or package.

4. Clause 3 adds, as a temporary measure, a new section 3A pro- hibiting the sale or supply of 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 etc. for any purpose specified in the existing Schedule.

5.

Clause 4 amends section 4 of the principal Ordinance (prohibition of advertisements relating to abortion) by providing the presumptions referred to in paragraph 3(b) and (c) above.

6. Clause 5 increases the penalties for existing offences and applies those penalties to a contravention of new section 3A.

7.

8.

Clause 6 enables the Governor in Council to amend the Schedules.

Clause 7 retitles the existing Schedule as Schedule 3 and clause 8 adds the new Schedules 1 and 2.

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