### Undesirable Medical Advertisements Ordinance 《不良廣告(醫藥)條例》

3. Prohibition of advertisements relating to certain diseases; exceptions therefrom
(1) No person shall publish, or cause to be published, any advertisement likely to lead to the use of any medicine, surgical appliance or treatment for—
(a) the purpose of treating human beings for, or preventing human beings from contracting, any disease or condition specified in column 1 of Schedule 1, except for a purpose (if any) specified in column 2 of that Schedule; or
(b) treating human beings for any purpose specified in Schedule 2. (Replaced 65 of 1988 s. 2)
(2) Subsection (1) shall not apply to an advertisement published by or with the authority of the Director of Health or to an advertisement duly authorized by an officer of the Chinese People’s Liberation Army for dissemination only amongst members of the Chinese People’s Liberation Army. (Amended L.N. 76 of 1989; 2 of 2012 s. 3)
(3) Where, in an advertisement published in contravention of subsection (1), a person named in that advertisement is held out—
(a) as being a manufacturer or supplier of medicine or surgical appliances; or
(b) as being able to provide any treatment,
that person is presumed, until the contrary is proved, to have caused the advertisement to be published. (Added 65 of 1988 s. 2)
(4) Where an advertisement published in contravention of subsection (1) gives the name, address or telephone number of, or indicates some other means of contacting, a person, and that person—
(a) manufactures or supplies medicine or surgical appliances; or
(b) provides any treatment,
that person is presumed, until the contrary is proved, to have caused the advertisement to be published. (Added 65 of 1988 s. 2)
(5)-(6) (Omitted as spent—E.R. 2 of 2012)(7) Subsection (1) does not apply to any publication of price information or historical statistics on fees and charges required under the Private Healthcare Facilities Ordinance (Cap. 633). (Added 34 of 2018 s. 162 and E.R. 5 of 2018)

### Undesirable Medical Advertisements Ordinance 《不良廣告(醫藥)條例》

3B. Prohibition of advertisements relating to certain orally consumed products; exceptions therefrom
(1) No person shall publish, or cause to be published, an advertisement for an orally consumed product which makes for the product a claim specified in column 1 of Schedule 4, or any similar claim, except as allowed under the provisions in column 2 of that Schedule (as read subject to the Note in that Schedule).
(2) Where section 3(1) does not apply to an advertisement by virtue of section 3(2), in so far as the advertisement is also an advertisement for an orally consumed product, subsection (1) does not apply to the advertisement.
(3) For the purposes of this section—
(a) the sale or supply, or offer or exposure for sale or supply, of an orally consumed product in a labelled container or package shall constitute the publication of an advertisement;
(b) the supply, inside any container or package containing any orally consumed product, of information relating to that or any other product shall not constitute the publication of an advertisement;
(c) any similar claim (任何類似的聲稱) means a claim that can reasonably be understood to be to the like effect as the specified claim, by reference to all the relevant circumstances.
(4) Where, in an advertisement for an orally consumed product published in contravention of subsection (1), a person named in that advertisement is held out as being a manufacturer or supplier of the product, that person is presumed, until the contrary is proved, to have caused the advertisement to be published.
(5) Where an advertisement for an orally consumed product published in contravention of subsection (1) gives the name, address or telephone number of, or indicates some other means of contacting, a person, and that person manufactures or supplies the product, that person is presumed, until the contrary is proved, to have caused the advertisement to be published.
(Added 16 of 2005 s. 5)

### Undesirable Medical Advertisements Ordinance 《不良廣告(醫藥)條例》

4. Prohibition of advertisements relating to abortion
(1) Subject to subsection (2), no person shall in any manner write, print, or publish or cause to be written, printed or published any advertisement—
(a) offering to procure the miscarriage of women;
(b) canvassing the procuration of miscarriage of women;
(c) inviting or inducing the procuration of miscarriage of women; or
(d) referring to any thing whatsoever, in terms which are calculated to lead to the use of that thing for the procuration of miscarriage of women.
(2) Subsection (1) shall not apply to an advertisement published by or with the written authority of the Director of Health. (Amended L.N. 76 of 1989)
(3) Where, in an advertisement published in contravention of subsection (1), a person named in that advertisement is held out—
(a) as being a manufacturer or supplier of medicine or surgical appliances; or
(b) as being able to provide any treatment,
that person is presumed, until the contrary is proved, to have caused the advertisement to be published. (Added 65 of 1988 s. 4)
(4) Where any advertisement published in contravention of subsection (1) gives the name, address or telephone number of, or indicates some other means of contacting, a person, and that person—
(a) manufactures or supplies medicine or surgical appliances; or
(b) provides any treatment,
that person is presumed, until the contrary is proved, to have caused the advertisement to be published. (Added 65 of 1988 s. 4)
(Replaced 70 of 1980 s. 2)