577724-1938-Supplementary-Bills-read-a-first-time- — Page 4

881

A BILL

[No. 21:-18.10.38.—1.]

INTITULED

An Ordinance to amend the Pharmacy and Poisons Ordin-

ance, 1937.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Pharmacy and Short title. Poisons Amendment Ordinance, 1938.

is

2. The Pharmacy and Poisons Ordinance, 1937, amended by the insertion immediately after section 21, of the following section as section 21A thereof.

New s. 21A for Ordin- ance No. 8 of 1937.

21A. It shall not be lawful for a person to have any Possession poison included in Part I of the Poisons List in his possession in Part I

unless-

of poison

of Poisons List

in certain

(a) he is entitled under this Part of this Ordinance to prohibited sell the poison or is a wholesale dealer duly licensed under cases. this Ordinance to sell poisons; or

(b) the poison has been duly sold or supplied (the proof whereof shall lie upon him) by an authorized seller of poisons in accordance with the provisions of this Ordinance and any regulations thereunder.

3. This Ordinance shall come into force on the first day Commence- of January, 1939.

ment.

Objects and Reasons.

1. Clause 2 of this Bill inserts a new section 21A in the principal Ordinance, making it an offence for a person to have possession of a poison included in Part I of the Poisons List unless he is entitled to sell the poison, or is a duly licensed wholesale dealer in poisons, or the poison has been duly sold or supplied to him by an authorized seller of poisons, and in the latter case, putting the burden of proof that the poison has been duly sold or supplied. upon the person charged,

2. The peculiar circumstances of this Colony, where the effective control of the importation of poisons would be difficult and costly, makes it necessary to implement the principal Ordinance by a provision of this kind.