TNAG-1964-FCO40-2796-Hong-Kong-Pension-Benefits-(Miscellaneous-Amendments)-Bill-1-1989 — Page 44

A382

Ord. No. 65/88 UNDESIRABLE MEDICAL ADVERTISEMENTS

(AMENDMENT)

(65 of 1988)

Prohibition of advertisements relating to abortion

4.

forces, of a medicine, surgical appliance or treatment in a labelled container or package if an officer of Her Majesty's forces has authorized the sale or supply, to such a member, of that medicine, surgical appliance or treatment in that labelled container or package.

(3) This section shall cease to have effect on the com- mencement of Part II of the Undesirable Medical Advertise- ments (Amendment) Ordinance 1988.".

Section 4 is amended by adding after subsection (2)———

"(3) Where, in an advertisement published in contravention 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 any advertisement published in contravention of sub- section (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.".

Penalty

5.

Section 6 is amended-

(a) by adding", 3A" after "section 3";

(b) by repealing "$2,000" and substituting "$10,000";

(c) by repealing "$5,000" and substituting "$25,000".

UNDESIRABLE MEDICAL ADVERTISEMENTS (AMENDMENT)

Ord. No. 65/88

A383

"SCHEDULE 1

DISEASES AND ConditionS IN RESPECT OF WHICH ADVERTISEMENTS ARE PROHIBITED OR RESTRICTED

Column 1

Disease

or condition

1.

Any benign or malignant

tumour.

2.

Any viral, bacterial, fungal or other infectious disease, including tuberculosis, dysentery, hepatitis and leprosy.

3. Any parasitic disease.

4.

Section added

6.

The following is added after section 6——

"Power to amend

7. The Governor in Council may, by order published in the Gazette, amend the Schedules.".

5.

Schedule amended

Schedules

7. The Schedule is amended by repealing "SCHEDULE” and "[s. 3.]" and substituting-

"SCHEDULE 3

PURPOSES FOR WHICH ADVERtisements are PROHIBITED”.

Schedules added

8. The following are added before Schedule 3—

[s. 3A]

!

6.

Any venereal disease, including syphilis, gonorrhoea, soft chancre, lymphogranuloma venerum, genital herpes, genital warts, urethritis, vaginitis, urethral or vaginal discharge, acquired immunodeficiency syndrome (AIDS), and any other sexually transmitted disease.

Any respiratory disease,

including asthma, bronchitis,

and pneumonia.

Any disease of the heart or cardiovascular system, including rheumatic heart disease, arteriosclerosis, coronary artery disease, arrythmias,

hypertension, cerebrovascular

disease, congenital heart disease, thrombosis, peripheral artery disease, oedema, retinal vascular change and peripheral venous disease.

Column 2 Purposes for which advertising is permitted

None.

[s. 3]

Treatment or prevention of minor cutaneous infections where a medicinal product is to be administered to an external surface of the body, including treatment by means of preparations for the relief of pruritus or exanthematous rashes of childhood infection.

Relief of symptoms of aphthous ulcer.

Relief of symptoms of common colds, coughs, conditions commonly referred to as influenza and similar upper respiratory tract infections.

Treatment of minor acute inflammatory conditions of the buccal cavity and pharynx.

Treatment of scabies or an infestation by threadworms, lice or roundworm, provided that the advertisement consists solely of a labelled container or package in which a medicine, surgical appliance or treatment is supplied.

None.

Temporary relief of symptoms of hay fever, rhinitis or catarrh.

Relief of blocked-up sinuses.

None.