### Dangerous Drugs Regulations 《危險藥物規例》

7. Preservation of documents
(1) All registers, records, books, prescriptions and other documents which are kept, issued or made pursuant to the requirements, or for the purposes, of the Ordinance shall be preserved—
(a) in the case of a register, book or other like record, for a period of 2 years from the date on which the last entry therein is made; and
(b) in the case of any other document, for a period of 2 years from the date on which it is issued or made.
(2) In the case of any document kept pursuant to paragraph (6) of regulation 5, the keeping of a copy thereof made at any time during the said period of 2 years shall be treated for the purposes of paragraph (1) as if it were the keeping of the original document.
(3) Any person who contravenes any of the provisions of paragraph (1) shall be guilty of an offence and shall be liable on conviction to a fine at level 3 and to imprisonment for 12 months. (E.R. 4 of 2021)
(E.R. 1 of 2019)[cf. S.I. 1964/1811 reg. 26 U.K.]

8. Validity of licence under section 18 and fee therefor
(1) A licence issued under section 18 of the Ordinance shall be valid until the 1st day of January next following the day on which it is issued.
(2) The fees specified in the Second Schedule shall be payable on the issue of the licences under section 18 of the Ordinance therein specified.

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

1. Short title
This Ordinance may be cited as the Dangerous Drugs Ordinance.

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

3. Calculation of percentages for purposes of First Schedule, and extended meaning of substance (物質)
(1) For the purposes of the First Schedule—
(a) in the case of liquid preparations, percentages shall be calculated on the basis that a preparation containing 1 per cent of any substance means a preparation in which 1 gram of the substance if a solid, or 1 millilitre of the substance if a liquid, is contained in every 100 millilitres of the preparation, and so in proportion for any greater or less percentage; and
(b) in the case of salts, percentages shall be calculated as in respect of the anhydrous base.
(2) The specification in paragraph 1 of Part I of the First Schedule of a substance shall, if the existence of isomers of that substance is possible within the specific chemical designation thereof, be taken to comprehend the specification of any isomer of that substance whose existence is possible as aforesaid; and any other reference in the First Schedule to a substance specified in paragraph 1 of Part I thereof shall be construed accordingly. [cf. 1965 c. 15 s. 24(2) U.K.]

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

4. Trafficking in dangerous drug
(1) Save under and in accordance with this Ordinance or a licence granted by the Director hereunder, no person shall, on his own behalf or on behalf of any other person, whether or not such other person is in Hong Kong—
(a) traffic in a dangerous drug;
(b) offer to traffic in a dangerous drug or in a substance he believes to be a dangerous drug; or
(c) do or offer to do an act preparatory to or for the purpose of trafficking in a dangerous drug or in a substance he believes to be a dangerous drug. (Amended 37 of 1980 s. 2)
(2) Subsection (1) shall apply whether or not the dangerous drug is in Hong Kong or is to be imported into Hong Kong or is ascertained, appropriated or in existence.
(3) 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 life; and
(b) on summary conviction, to a fine of $500,000 and to imprisonment for 3 years. (Amended 43 of 1974 s. 2)
(4) This section does not apply to—
(a) a preparation specified in Part II of the First Schedule; or
(b) a dangerous drug which is in transit and—
(i) is in course of transit from a country from which it may lawfully be exported to another country into which it may lawfully be imported; and
(ii) was exported from a country which is a party to the Conventions and is accompanied by a valid export authorization or diversion certificate, as the case may be. (Replaced 7 of 1984 s. 2)

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

4A. Trafficking in purported dangerous drug
(1) No person shall, on his own behalf or on behalf of any other person, whether or not such other person is in Hong Kong—
(a) traffic in any substance represented or held out by him to be a dangerous drug but which is not in fact a dangerous drug;
(b) offer to traffic in any substance represented or held out by him to be a dangerous drug but which is not in fact a dangerous drug; or
(c) do or offer to do an act preparatory to or for the purpose of trafficking in any substance represented or held out by him to be a dangerous drug but which is not in fact a dangerous drug.
(2) Subsection (1) shall apply whether or not the substance represented or held out to be a dangerous drug is in Hong Kong or is to be imported into Hong Kong or is ascertained, appropriated or in existence.
(3) 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 $500,000 and to imprisonment for 7 years; and
(b) on summary conviction, to a fine at level 6 and to imprisonment for 1 year. (Amended E.R. 4 of 2019)
(4) No prosecution for an offence under this section shall be instituted without the consent in writing of the Secretary for Justice, but this subsection shall not prevent the arrest, or the issue of a warrant for the arrest, of a person for any such offence, or the remand in custody or on bail of a person charged with such an offence. (Amended L.N. 362 of 1997)
(Added 37 of 1980 s. 3)