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

34. Power to prohibit prescribing of dangerous drug
Where the authorization conferred by section 22 is withdrawn under section 33 from a registered medical practitioner, a registered dentist or a registered veterinary surgeon, the Director may, by notice in the Gazette, direct that it shall not be lawful for that person to give prescriptions prescribing a dangerous drug.
(Amended 96 of 1997 s. 35)[cf. S.I. 1964/1811 reg. 11 U.K.]

34A. Amendment of Sixth Schedule
The Director may, by notice in the Gazette, amend the Sixth Schedule where he is of the opinion that it is in the public interest to do so.
(Added 2 of 1992 s. 10)

35. Divan keeping
(1) No person shall open, keep, manage or assist in the management of a divan where—
(a) a dangerous drug is sold in the divan to be smoked, inhaled, ingested or injected therein;
(b) a price or its equivalent is charged for the smoking, inhalation, ingestion or injection of a dangerous drug therein; or
(c) any benefit or advantage whatever, direct or indirect, is derived by such person in consequence of the smoking, inhalation, ingestion or injection of a dangerous drug therein.
(2) Any person who contravenes any of the provisions of subsection (1) shall be guilty of an offence and shall be liable—
(a) on conviction on indictment, to a fine of $5,000,000 and to imprisonment for 15 years; and
(b) on summary conviction, to a fine of $500,000 and to imprisonment for 3 years. (Amended 43 of 1974 s. 5)

36. Possession of pipes, equipment, etc.
(1) Save under and in accordance with this Ordinance, no person shall have in his possession any pipe, equipment or apparatus fit and intended for the smoking, inhalation, ingestion or injection of a dangerous drug.
(2) Any person who contravenes any of the provisions of subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine at level 3 and, subject to section 54A, to imprisonment for 3 years. (Amended 67 of 1979 s. 3; E.R. 4 of 2019)

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

37. Responsibility of owners, tenants, etc.
(1) No person shall—
(a) being the owner, tenant, occupier or person in charge of any place or premises, permit or suffer such place or premises or any part thereof to be opened, kept or used as a divan or for unlawful trafficking in or the unlawful manufacturing or storage of a dangerous drug; or
(b) let or agree to let, whether as principal or agent, any place or premises with the knowledge that such place or premises or any part thereof is to be opened, kept or used as a divan or for unlawful trafficking in or the unlawful manufacturing or storage of a dangerous drug. (Amended 46 of 1971 s. 5)
(2) Any person who contravenes any of the provisions of subsection (1) shall be guilty of an offence and shall be liable—
(a) on conviction on indictment, to a fine of $5,000,000 and to imprisonment for 15 years; and
(b) on summary conviction, to a fine of $500,000 and to imprisonment for 3 years. (Amended 43 of 1974 s. 6)

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

38A. Interpretation
In this Part—
excessive quantity (過量) means a quantity of a dangerous drug specified in the second column of the Fifth Schedule, including the quantity of any other substance contained with the dangerous drug in a preparation, mixture, extract or other material, being not less than the quantity specified in the third column of the Fifth Schedule;
master (船長) in relation to a ship means the person (except a pilot within the meaning of the Pilotage Ordinance (Cap. 84)) having for the time being command or charge of the ship; (Amended E.R. 4 of 2019)
owner (船東) in relation to a ship means—
(a) the person registered or licensed as the owner of the ship or, in the absence of registration or licensing, the person owning the ship; and
(b) a demise charterer of the ship.

38B. Commissioner of Customs and Excise may seize and detain ship
Where the Commissioner of Customs and Excise has reasonable cause to suspect— (Amended 40 of 1985 s. 9)
(a) that an excessive quantity of dangerous drugs has been found on a ship exceeding 250 gross tons; and
(b) that an excessive quantity of dangerous drugs was found on that ship within 18 months prior to the finding specified in paragraph (a),
he may, with the written consent of the Secretary for Justice, seize and detain the ship for 48 hours.
(Amended L.N. 362 of 1997)

38C. Magistrate may order arrest and detention of ship
(1) Whenever, on an application made by the Commissioner of Customs and Excise with the written consent of the Secretary for Justice, it appears to a magistrate that there is reasonable cause to suspect— (Amended 40 of 1985 s. 9; L.N. 362 of 1997)
(a) that an excessive quantity of dangerous drugs has been found on a ship exceeding 250 gross tons; and
(b) that an excessive quantity of dangerous drugs was found on that ship within 18 months prior to the finding specified in paragraph (a),
he shall order—
(i) in a case where the ship has already been seized and detained under section 38B, that it continue to be detained; and
(ii) in any other case, that it be arrested and detained.
(2) Where an order for detention or arrest and detention is made by a magistrate under subsection (1), he shall further order that the proceedings be transferred to the Court of First Instance. (Amended 25 of 1998 s. 2)

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

38D. Registrar to order summons to be served on ship
(1) On proceedings being transferred to the Court of First Instance under section 38C(2), the Registrar of the High Court shall order that a summons be served on the ship containing details of the time and place at which the Court of First Instance will hear an application by the Commissioner of Customs and Excise for an order for the payment of a financial penalty under section 38F. (Amended 40 of 1985 s. 9; 25 of 1998 s. 2)
(2) A summons ordered to be served under subsection (1) shall be served on the ship by affixing it to the mast or other prominent part of the ship.

38E. Bail
(1) At any time after an order has been made under section 38C(1) for the detention or arrest and detention of a ship and before the application of the Commissioner of Customs and Excise is determined under section 38F(1), a judge may, on application made by the owner or master and served on the Secretary for Justice and on being satisfied that the requirements of subsections (2) and (3) have been complied with, admit the ship to bail and order its release. (Amended 40 of 1985 s. 9)
(2) Bail on behalf of a ship under subsection (1) shall be in an amount not less than $5,000,000 and may be—
(a) a sum of money deposited with the Court of First Instance; or
(b) subject to subsection (3), a bond.
(3) Where bail on behalf of a ship is a bond, the bond shall be—
(a) in such form as the Court of First Instance may determine;
(b) entered into by a surety or sureties acceptable to the Secretary for Justice; and
(c) supported by an affidavit by each surety stating that he is able to pay the sum for which the bond is given.
(Amended L.N. 362 of 1997; 25 of 1998 s. 2)