### Pharmacy and Poisons Ordinance 《藥劑業及毒藥條例》

15. Appointment of Disciplinary Committee
(1) If—
(a) a complaint is received by the Board regarding the conduct of a registered pharmacist or an employee of a registered pharmacist, or it appears to the Board that a registered pharmacist has contravened a code of conduct applicable to the registered pharmacist;
(b) a complaint is received by the Board regarding the conduct of an authorized seller of poisons or an employee, officer or partner of an authorized seller of poisons, or it appears to the Board that an authorized seller of poisons has contravened a code of practice applicable to the authorized seller of poisons;
(c) any of the persons mentioned in paragraph (a) or (b) is convicted of—
(i) an offence under this Ordinance, the Dangerous Drugs Ordinance (Cap. 134), the Antibiotics Ordinance (Cap. 137) or the Undesirable Medical Advertisements Ordinance (Cap. 231); or
(ii) an offence under section 52, 54 or 61 of the Public Health and Municipal Services Ordinance (Cap. 132) or section 7, 7A or 9 of the Trade Descriptions Ordinance (Cap. 362);
(d) it appears to the Board that a condition imposed under section 13 in respect of the registration of any premises of an authorized seller of poisons has been contravened; or
(e) it otherwise appears necessary or desirable to the Board to inquire into the conduct of any of the persons mentioned in paragraph (a) or (b),
the Board may appoint a Disciplinary Committee to inquire into the conduct of the person concerned. (Added 2 of 2015 s. 14)
(1A) A Disciplinary Committee is to consist of— (Amended 84 of 1992 s. 8; 68 of 1995 s. 27; 2 of 2015 s. 14)
(a) the medical officer in the Department of Health appointed by the Chief Executive under section 3(2)(e) who shall be the chairman of the Disciplinary Committee; and (Amended L.N. 76 of 1989)
(b) 2 registered pharmacists (not being public officers) nominated by the Pharmaceutical Society of Hong Kong.
(2) The Chief Executive shall appoint a legally qualified person to act as the legal adviser to a Disciplinary Committee.
(Amended 60 of 2000 s. 3)

### Pharmacy and Poisons Ordinance 《藥劑業及毒藥條例》

16A. Powers of Disciplinary Committee at inquiries
(1) For the purpose of an inquiry under section 16 the Disciplinary Committee may, subject to subsection (4)—
(a) hear and examine witnesses on oath;
(b) summon any person to attend the inquiry to give evidence or produce any document or other thing in his possession and examine him as a witness or require him to produce any document or other thing in his possession.
(2) A summons under subsection (1) shall be in the prescribed form and shall be signed by the chairman.
(3) Subject to subsection (4), any person who—
(a) being summoned under subsection (1) to attend any inquiry to give evidence or to produce any document or other thing in his possession, refuses or neglects to do so; or
(b) being examined under subsection (1) as a witness by or before the Disciplinary Committee, refuses or neglects to answer any question put to him by or with the concurrence of the Disciplinary Committee, or to produce any document or other thing in his possession when required to do so,
shall be guilty of an offence and shall be liable on conviction to a fine at level 3 and to imprisonment for 3 months. (Amended 2 of 2015 s. 16)
(4) Any person who appears as a witness before the Disciplinary Committee shall be entitled to the same privileges in respect of the giving of evidence and the production of any document and other thing as he would be entitled to if appearing as a witness in civil proceedings before the Court of First Instance. (Amended 25 of 1998 s. 2)
(5) Any person who—
(a) behaves in an insulting manner or uses any threatening or insulting expression to or in the presence of the Disciplinary Committee; or
(b) wilfully disrupts the proceedings of the Disciplinary Committee,
shall be guilty of an offence and shall be liable on conviction to a fine at level 3 and to imprisonment for 3 months. (Amended 2 of 2015 s. 16)
(Added 31 of 1972 s. 5)

### Pharmacy and Poisons Ordinance 《藥劑業及毒藥條例》

17. Liability of authorized sellers of poisons for acts of employees
(1) In any case under section 16, where the person convicted of an offence or guilty of misconduct is an employee of the authorized seller of poisons, the Disciplinary Committee shall not give any direction unless proof is given to its satisfaction of some one or more of the facts specified in subsection (2), and it is of the opinion that having regard to the facts so proved the authorized seller of poisons ought to be regarded as responsible for the offence or misconduct.
(2) The facts as to some one or more of which the Disciplinary Committee must be satisfied before giving any such direction as is mentioned in subsection (1) are—
(a) that the offence or misconduct in question was instigated or connived at by the authorized seller of poisons or in the case of a body corporate, by an officer of that body corporate or in the case of an unincorporated body of persons, by any member of such body;
(b) that the authorized seller of poisons or any person employed by him, or, in the case of a body corporate or an unincorporated body of persons, any officer or member of such body, as the case may be, had been guilty, at some time within 12 months before the date upon which the offence or misconduct in question took place, of a similar offence or misconduct and that the authorized seller of poisons had, or ought reasonably to have had, knowledge of that previous offence or misconduct;
(c) if the offence or misconduct in question was a continuing offence or continuing misconduct, that the authorized seller of poisons had, or reasonably ought to have had, knowledge of the continuance thereof;
(d) in the case of an offence mentioned in section 15(1)(c), that the authorized seller of poisons had not used due diligence to enforce the execution of the relevant Ordinance. (Amended 68 of 1995 s. 28; 2 of 2015 s. 17)
(3) In this section references to the responsibility, knowledge or diligence of an authorized seller of poisons shall, in the case of a body corporate or an unincorporated body of persons, be construed as references to the responsibility, knowledge or diligence of that body as a whole.
[cf. 1954 c. 61 s. 9 U.K.]

18. Voting of Disciplinary Committee
In any inquiry conducted by the Disciplinary Committee the decision of the Committee shall be taken on the vote of a majority of the members.

### Pharmacy and Poisons Ordinance 《藥劑業及毒藥條例》

19. Provisions as to directions or findings given by Disciplinary Committee
(Amended 2 of 2015 s. 18)(1) The Secretary shall cause notice of any direction or finding given by the Disciplinary Committee to be given to the registered pharmacist or authorized seller of poisons, as the case may be, to whom the direction or finding relates, and, where the Disciplinary Committee refuses an application for a direction the Secretary shall cause notice of the refusal to be given to the applicant. A notice required by this subsection to be given to any person shall be sent to him by registered letter to his address shown in the register of pharmacists or the register of premises, as the case may be, and if more than one address is shown in such register to any of his addresses shown therein. (Amended 2 of 2015 s. 18)
(2) (Repealed 2 of 2015 s. 18)(3) Where a direction given by the Disciplinary Committee has taken effect the Secretary shall make such alterations in the register of premises as are necessary to give effect to the direction.
[cf. 1933 c. 25 s. 14 U.K.]