### Dangerous Drugs Ordinance 《危險藥物條例》

43. Certificate of corresponding law
A document purporting to be issued by or on behalf of the government of a country and purporting to state the terms of a corresponding law in force in that country shall be admitted in evidence, in proceedings for an offence under this Ordinance before any court, on its production by the prosecution without further proof, and such document shall be conclusive evidence—
(a) that it is issued by or on behalf of the government of that country;
(b) that the terms of such law are as stated in the document; and
(c) that any facts stated in the document to constitute an offence under such law do constitute such offence.

45. Presumption concerning manufacture of dangerous drug
Any person who is proved to have been manufacturing or doing an act preparatory to the manufacture of a dangerous drug shall, until the contrary is proved, be presumed to have known the nature of such drug.
(Replaced 52 of 1992 s. 6)

47. Presumption of possession and knowledge of dangerous drug
(1) Any person who is proved to have had in his physical possession—
(a) anything containing or supporting a dangerous drug;
(b) the keys of any baggage, briefcase, box, case, cupboard, drawer, safe-deposit box, safe or other similar container containing a dangerous drug,
(c) (Repealed 62 of 1994 s. 6)shall, until the contrary is proved, be presumed to have had such drug in his possession.
(2) Any person who is proved or presumed to have had a dangerous drug in his possession shall, until the contrary is proved, be presumed to have known the nature of such drug.
(3) The presumptions provided for in this section shall not be rebutted by proof that the defendant never had physical possession of the dangerous drug.
(Replaced 52 of 1992 s. 8)

### Dangerous Drugs Ordinance 《危險藥物條例》

49A. Interpretation
In this Part, unless the context otherwise requires—
Commissioner (專員) means the Commissioner for Narcotics;
confidential information (機密資料) means information which is recorded by the Registry or a reporting agency in respect of any person and which relates to any one or more of the following—
(a) the use, or alleged use, by that person of a dangerous drug;
(b) the conviction of that person for an offence under this Ordinance;
(c) the care, treatment or rehabilitation of that person by reason of his use of a dangerous drug;

drug abuser (濫用藥物者) means a person who is the subject of any confidential information;

employee (僱員)—
(a) in relation to the Registry, means any public officer employed in—
(i) the Narcotics Division of the Security Bureau of the Government; or (Amended L.N. 362 of 1997)
(ii) the Office of the Government Chief Information Officer of the Government; and (Amended 80 of 1997 s. 102; L.N. 131 of 2004)
(b) in relation to a reporting agency, means any person employed in the agency, whether full-time or part-time and whether paid or unpaid, in—
(i) the care, treatment or rehabilitation of persons who use, or have used, dangerous drugs;
(ii) the preparation, maintenance or analysis of records of confidential information,
and also means any person who is being trained by the agency in any such matter;

Registry (檔案室) means the Central Registry of Drug Abuse referred to in section 49B;
reporting agency (呈報機構) means any body or organization specified in the Fourth Schedule;
reporting agency director (呈報機構負責人)—
(a) in relation to the Department of Health of the Government, means the Director of Health and any person to whom he has delegated the supervision of any records of confidential information which are kept by that Department; (Amended L.N. 76 of 1989)
(b) in relation to the Social Welfare Department of the Government, means the Director of Social Welfare and any person to whom he has delegated the supervision of any records of confidential information which are kept by that Department; and
(c) in relation to any other reporting agency, means the person who is for the time being in charge of the administration of that agency and any person to whom he has delegated the supervision of any records of confidential information which are kept by that agency.

### Dangerous Drugs Ordinance 《危險藥物條例》

49B. Central Registry of Drug Abuse
(1) There shall be a Central Registry of Drug Abuse, the purposes of which shall include—
(a) the collection, collating and analysis of confidential information supplied by reporting agencies and of information on drug abuse and its treatment supplied by other sources; and
(b) the publication of statistical information on drug abuse and on various forms of treatment of drug abuse.
(2) The Central Registry of Drug Addicts existing at the commencement# of the Dangerous Drugs (Amendment) Ordinance 1981 (65 of 1981) and maintained by the Narcotics Division of the Security Bureau of the Government shall be the Central Registry of Drug Abuse for the purposes of subsection (1). (Amended L.N. 362 of 1997)

Editorial Note:
# Commencement date: 31 July 1981.

49C. Immunity of records from search and from production in court
(1) No search warrant shall be issued, or if issued be executed, in respect of any record of confidential information which is kept by the Registry or by a reporting agency.
(2) Save as provided in this Part, no power, or right, of search conferred by any law shall authorize the search of records of confidential information which are kept by the Registry or by a reporting agency.
(3) No process shall lie in any proceedings to compel production of any record of confidential information which is kept by the Registry or by a reporting agency, and no such record, nor any information obtained therefrom, shall be admissible in evidence, save—
(a) in proceedings for an offence under this Part; or
(b) where the record is the subject of an order of the Secretary for Justice which is in force under section 49G, (Amended L.N. 362 of 1997)
but nothing in this subsection shall render admissible anything which is otherwise inadmissible.

### Dangerous Drugs Ordinance 《危險藥物條例》

49D. Prohibition against disclosure of records
(1) Subject to subsection (2), any person who—
(a) discloses any record of confidential information which is kept by the Registry or a reporting agency, or supplies to any person information obtained from any such record; or
(b) permits access to any such record,
commits an offence and is liable to a fine at level 2 and to imprisonment for 6 months. (Amended E.R. 4 of 2019)
(2) Subsection (1) shall not apply where the disclosure is made, or access is permitted—
(a) in accordance with an authorization given under section 49E;
(b) in accordance with an authorization given under section 49F;
(c) in accordance with an order of the Secretary for Justice made under section 49G; (Amended L.N. 362 of 1997)
(d) to the Commissioner or a reporting agency director, or to an employee of the Registry or of a reporting agency, for the purpose of treating a drug abuser for his drug addiction or of assisting him in his rehabilitation;
(e) to a medical practitioner for the purpose of providing medical treatment for any person, or to a coroner or a medical practitioner for the purpose of inquiring into the cause of death of a drug abuser;
(f) in proceedings for an offence under this Part; (Amended 10 of 2001 s. 32)
(g) to the Director of Social Welfare or any public officer under section 18 of the Drug Dependent Persons Treatment and Rehabilitation Centres (Licensing) Ordinance (Cap. 566). (Added 10 of 2001 s. 32)