1964_UNDESIRABLE_MEDICAL_ADVERTISEMENTS_ORDINANCE — Page 4

1988 Ed.]

Undesirable Medical Advertisements

[CAP. 231

3

(a) offering to procure the miscarriage of women;

(b) canvassing the procuration of miscarriage of women;

(c) inviting or inducing the procuration of miscarriage of women; or

(d) referring to any thing whatsoever, in terms which are calculated to lead to the use of that thing for the procuration of miscarriage of women.

(2) Subsection (1) shall not apply to an advertisement published by or with the written authority of the Director of Medical and Health Services: 1, N. 760 fieff.

(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. (Added, 65 of 1988, s. 4)

(4) Where any 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. (Added, 65 of 1988, s. 4)

(Replaced, 70 of 1980, s. 2)

Certain defences; provision as to native herbalists

5. (1) In any proceedings for a contravention of section 3 or 4, it shall be a defence to prove that the advertisement to which the proceedings relate was made only in a publication of a technical character intended for circulation mainly amongst persons of the following classes, or of one or some of them----

(a) medical practitioners registered under the Medical Registration Ordinance (Cap. 161), or persons deemed to be medical practitioners under section 29 thereof;

(b) pharmacists registered under the Pharmacy and Poisons Ordinance (Cap. 138);

(c) the professional staff of hospitals, nursing homes, leprosaria or mental hospitals;

(d) persons of Chinese race practising medicine or surgery as herbalists according to purely Chinese methods in accordance with section 31(1) of the Medical Registration Ordinance.