1964_PHARMACY_AND_POISONS_ORDINANCE — Page 30

HK Historical Laws 香港歷史法例 All AI Reviewed

1989 Ed.]

Pharmacy and Poisons

[CAP. 138

29

(d) the sale or supply of a substance for use in or in connection with an institution; or

(e) the sale of a substance by a person carrying on a business, in the course of which poisons are regularly sold to either-

(i) a person who requires the substance for the purpose of his trade or business; or

(ii) a Government department or an officer of the Crown requiring the substance for the purpose of the public service; or

(iii) a person or institution concerned with education or scientific research, if the substance is required for the purposes of that education or research.

[cf. 1933 c. 25 s. 20 U.K.]

33. Offences

(1) Any person who contravenes section 21, 23, 26, 27 or 28 shall be guilty of an offence.

(2) In the case of proceedings against a person under this Ordinance for or in connection with the sale, exposure for sale or supply of a poison effected by an employee-

(a) it shall not be a defence that the employee acted without the authority of the employer; and

(b) any material fact known to the employee shall be deemed to have been known to the employer.

(3) Notwithstanding any provision in any Ordinance prescribing the period within which summary proceedings may be commenced, proceedings for an offence under this Ordinance may be commenced at any time within the period of 12 months next after the date of the commission of the offence.

34. Penalties

[cf. 1933 c. 25 s. 24 U.K.]

Any person who is guilty of an offence under this Ordinance shall, unless a penalty is otherwise expressly provided, be liable on conviction to a fine of $10,000 and to imprisonment for 12 months, and to a further fine of $1,000 for every day during which the offence continues subsequent to the day on which he was convicted of such offence.

35. Inspection and enforcement of Ordinance

(Amended 31 of 1972 s. 7) [cf. 1933 c. 25 s. 24 U.K.]

(1) The Chairman may authorize in writing any public officer to be an inspector for the purposes of this Ordinance.

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1989 Ed.] Pharmacy and Poisons [CAP. 138 29 (d) the sale or supply of a substance for use in or in connection with an institution; or (e) the sale of a substance by a person carrying on a business, in the course of which poisons are regularly sold to either- (i) a person who requires the substance for the purpose of his trade or business; or (ii) a Government department or an officer of the Crown requiring the substance for the purpose of the public service; or (iii) a person or institution concerned with education or scientific research, if the substance is required for the purposes of that education or research. [cf. 1933 c. 25 s. 20 U.K.] 33. Offences (1) Any person who contravenes section 21, 23, 26, 27 or 28 shall be guilty of an offence. (2) In the case of proceedings against a person under this Ordinance for or in connection with the sale, exposure for sale or supply of a poison effected by an employee- (a) it shall not be a defence that the employee acted without the authority of the employer; and (b) any material fact known to the employee shall be deemed to have been known to the employer. (3) Notwithstanding any provision in any Ordinance prescribing the period within which summary proceedings may be commenced, proceedings for an offence under this Ordinance may be commenced at any time within the period of 12 months next after the date of the commission of the offence. 34. Penalties [cf. 1933 c. 25 s. 24 U.K.] Any person who is guilty of an offence under this Ordinance shall, unless a penalty is otherwise expressly provided, be liable on conviction to a fine of $10,000 and to imprisonment for 12 months, and to a further fine of $1,000 for every day during which the offence continues subsequent to the day on which he was convicted of such offence. 35. Inspection and enforcement of Ordinance (Amended 31 of 1972 s. 7) [cf. 1933 c. 25 s. 24 U.K.] (1) The Chairman may authorize in writing any public officer to be an inspector for the purposes of this Ordinance. Page 30 Page 31
Baseline (Original)
1989 Ed.] Pharmacy and Poisons [CAP. 138 29 (d) the sale or supply of a substance for use in or in connection with an institution; or (e) the sale of a substance by a person carrying on a business, in the course of which poisons are regularly sold to either- 33. Offences (i) a person who requires the substance for the purpose of his trade or business; or (ii) a Government department or an officer of the Crown re- quiring the substance for the purpose of the public service; or (iii) a person or institution concerned with education or scientific research, if the substance is required for the purposes of that education or research. [cf. 1933 c. 25 s. 20 U.K.] (1) Any person who contravenes section 21, 23, 26, 27 or 28 shall be guilty of an offence. (2) In the case of proceedings against a person under this Ordinance for or in connection with the sale, exposure for sale or supply of a poison effected by an employee- (a) it shall not be a defence that the employee acted without the authority of the employer; and (b) any material fact known to the employee shall be deemed to have been known to the employer. (3) Notwithstanding any provision in any Ordinance prescribing the period within which summary proceedings may be commenced, proceedings for an offence under this Ordinance may be commenced at any time within the period of 12 months next after the date of the commission of the offence. 34. Penalties [cf. 1933 c. 25 s. 24 U.K.] Any person who is guilty of an offence under this Ordinance shall, unless a penalty is otherwise expressly provided, be liable on conviction to a fine of $10,000 and to imprisonment for 12 months, and to a further fine of $1,000 for every day during which the offence continues subsequent to the day on which he was convicted of such offence. 35. Inspection and enforcement of Ordinance (Amended 31 of 1972 s. 7) [cf. 1933 c. 25 s. 24 U.K.] (1) The Chairman may authorize in writing any public officer to be an inspector for the purposes of this Ordinance. Page 30Page 31
2026-05-05 05:12:47 · Baseline
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1989 Ed.]

Pharmacy and Poisons

[CAP. 138

29

(d) the sale or supply of a substance for use in or in connection with

an institution; or

(e) the sale of a substance by a person carrying on a business, in the

course of which poisons are regularly sold to either-

33. Offences

(i) a person who requires the substance for the purpose of his

trade or business; or

(ii) a Government department or an officer of the Crown re- quiring the substance for the purpose of the public service;

or

(iii) a person or institution concerned with education or scientific research, if the substance is required for the purposes of that education or research.

[cf. 1933 c. 25 s. 20 U.K.]

(1) Any person who contravenes section 21, 23, 26, 27 or 28 shall be guilty of an offence.

(2) In the case of proceedings against a person under this Ordinance for or in connection with the sale, exposure for sale or supply of a poison effected by an employee-

(a) it shall not be a defence that the employee acted without the

authority of the employer; and

(b) any material fact known to the employee shall be deemed to have

been known to the employer.

(3) Notwithstanding any provision in any Ordinance prescribing the period within which summary proceedings may be commenced, proceedings for an offence under this Ordinance may be commenced at any time within the period of 12 months next after the date of the commission of the offence.

34. Penalties

[cf. 1933 c. 25 s. 24 U.K.]

Any person who is guilty of an offence under this Ordinance shall, unless a penalty is otherwise expressly provided, be liable on conviction to a fine of $10,000 and to imprisonment for 12 months, and to a further fine of $1,000 for every day during which the offence continues subsequent to the day on which he was convicted of such offence.

35. Inspection and enforcement of Ordinance

(Amended 31 of 1972 s. 7) [cf. 1933 c. 25 s. 24 U.K.]

(1) The Chairman may authorize in writing any public officer to be an inspector for the purposes of this Ordinance.

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