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

10A. Registered pharmacist not to practise without practising certificate
(1) Subject to this section, a registered pharmacist shall not practise as a pharmacist in Hong Kong, unless he is the holder of a practising certificate which is then in force.
(2) Subject to the payment of the prescribed fee for the issue of a practising certificate, the Secretary, on application made to him for that purpose by a registered pharmacist, shall issue to him a certificate to the effect that he is, subject to any conditions and restrictions specified in the certificate, entitled to practise as a pharmacist in Hong Kong.
(2A) A practising certificate must be in the specified form. (Added 2 of 2015 s. 11)
(3) Where a practising certificate is issued pursuant to an application made during the course of a year in respect of that year, the certificate shall, subject to subsection (5), be in force from the time of its issue until the end of that year.
(4) Where a practising certificate is issued pursuant to an application made during the course of a year in respect of the following year, the certificate shall, subject to subsection (5), be in force for a period of 12 months commencing on 1 January in that following year.
(5) If at any time during the currency of a practising certificate issued under this section, the holder of the certificate ceases to be registered under this Ordinance, the certificate shall thereupon be deemed to be cancelled.
(6) Any person who is required under this section to be the holder of a practising certificate under this section shall be deemed to have obtained the certificate when he has duly applied to the Secretary and paid the prescribed fee for the issue of the practising certificate.
(7) A person who is required under this section to be the holder of a practising certificate shall not be entitled to recover any fees, costs or other remuneration on any cause of action unless he was, at the time when the cause of action arose, the holder of a valid practising certificate.
(8) This section applies to any person whose name has been entered on the register of pharmacists.
(Added 50 of 1977 s. 5)

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

10B. Recovery of practising fees
(1) If any registered pharmacist contravenes subsection (1) of section 10A, the amount of the prescribed fee payable by him under subsection (2) of that section shall be recoverable as a civil debt.
(2) In any proceedings under this section a certificate purporting to be under the hand of the Secretary to the effect that the registered pharmacist concerned had not paid the prescribed fee for the issue of a practising certificate shall, until the contrary is proved, be evidence of non-payment of the fee.
(3) On recovery from a registered pharmacist of a prescribed fee under this section the Secretary shall, if the registered pharmacist’s name appears on the register of pharmacists, issue the registered pharmacist with the appropriate practising certificate.
(Added 50 of 1977 s. 5)

11. Authorized sellers of poisons
(1) Subject to section 16, a registered pharmacist, body corporate or unincorporated body of persons (seller) is authorized to carry on a business of retail sale of poisons if the actual sale of poisons is conducted on premises registered in respect of the seller under this Ordinance by a registered pharmacist or in his presence and under his supervision. (Amended 2 of 2015 s. 12)
(2) The name, the certificate of registration and a notice setting out the hours of attendance of each registered pharmacist engaged in, or employed by an authorized seller of poisons in, the business shall be displayed in a conspicuous place in the premises where he is so engaged or employed.
(3) No registered pharmacist employed by an authorized seller of poisons shall at the same time engage in the retail sale of poisons on his own account and in employment with any other authorized seller of poisons without first obtaining the written authority of the Board.
(4) The Board may grant a registered pharmacist written authority under subsection (3) on such conditions as it thinks fit.
[cf. 1933 c. 25 ss. 8 & 9 U.K.]

12. Premises required to be under the control of a registered pharmacist
Each set of premises of an authorized seller of poisons where poisons are kept for the purposes of retail sale shall be under the personal control of a registered pharmacist.
[cf. 1933 c. 25 ss. 8 & 9 U.K.]

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

13A. Display of logo
(1) An authorized seller of poisons who conducts the retail sale of poisons on premises registered under section 13, may cause to be displayed at such premises, a logo in the prescribed form.
(2) Any person who is the proprietor of a business carried on at premises where—
(a) a logo in the form prescribed under subsection (1); or
(b) any logo, emblem or other thing which so resembles a logo in the form prescribed under subsection (1) as to be mistaken for such logo,
is displayed shall, if such premises are not registered under section 13, be guilty of an offence.
(Added 58 of 1986 s. 6)

14. Annual return
(1) An authorized seller of poisons shall in the month of January in each year send to the Secretary a list showing the addresses of all sets of premises where he conducts the retail sale of poisons and showing the name of the registered pharmacist having personal control of each such set of premises.
(2) Where any change occurs in the address of the business of an authorized seller of poisons or where any registered pharmacist whose name is displayed in any premises registered under this Ordinance ceases to be employed or engaged in such premises, the authorized seller of poisons shall, within 28 days, give the Secretary notice in writing setting out particulars of such change.
(3) An authorized seller of poisons who fails to comply with the provisions of this section shall be guilty of an offence.
[cf. 1933 c. 25 s. 13 U.K.]