TNAG-1964-FCO40-2796-Hong-Kong-Pension-Benefits-(Miscellaneous-Amendments)-Bill-1-1989 — Page 43

A380

Ord. No. 65/88

Short title and

UNDESIRABLE MEDICAL ADVERTISEMENTS

L.S.

(AMENDMENT)

HONG KONG

No. 65 OF 1988

I assent.

David WILSON,

Governor.

14 July 1988

An Ordinance to amend the Undesirable Medical Advertisements

Ordinance.

[

1

Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof.

1. (1) This Ordinance may be cited as the Undesirable Medical commencement Advertisements (Amendment) Ordinance 1988.

Prohibition of

(2) This Ordinance shall come into operation on a day to be appointed by the Governor by notice in the Gazette and different days may be appointed for different provisions.

2.

PART I

Section 3 of the Undesirable Medical (Advertisements) Ordinance

advertisements is amended-

relating to

certain diseases.

Exceptions

therefrom

(Cap. 231)

(a) by repealing subsection (1) and substituting-

Schedule 1

Schedule 2

"(1) No person shall publish, or cause to be published, any advertisement likely to lead to the use of any medicine, surgical appliance or treatment for-

(a) the purpose of treating human beings for, or pre- venting human beings from contracting, any disease or condition specified in column 1 of Schedule 1, except for a purpose (if any) specified in column 2 of that Schedule; or

(b) treating human beings for any purpose specified in

Schedule 2.";

UNDESIRABLE MEDICAL ADVERTISEMENTS (AMENDMENT)

(b) by adding after subsection (2)—

(65 of 1988)

3.

Ord. No. 65/88

A381

"(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--

"Restrictions affecting labelled 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

Section added