### Antibiotics Ordinance 《抗生素條例》

10. Offences and penalties
(1) Any person who contravenes section 4 or 5 commits an offence and is liable to a fine at level 5 and to imprisonment for 12 months. (Replaced 69 of 1986 s. 2. Amended 84 of 1992 s. 15; E.R. 1 of 2021)
(2) Where an offence under this Ordinance has been committed by a body corporate, every person who at the time of the commission of the offence was a director, general manager, secretary or other similar officer of the body corporate, or was purporting to act in any such capacity, shall be deemed to be guilty of that offence unless he proves that the offence was committed without his consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.
(3) Notwithstanding any provision in any Ordinance prescribing the period within which summary proceedings may be commenced, proceedings for an offence under this Ordinance may be commenced at any time within the period of 12 months next after the date of the commission of the offence:
Provided that this subsection shall not apply to an offence under section 9. (Added 69 of 1986 s. 2)

11. Forfeiture
(1) A magistrate, on application made on behalf of the Government, shall order that any substance to which this Ordinance applies or any preparation of which any such substance is an ingredient or part, with respect to which any offence under this Ordinance has been committed, shall be forfeited to the Government whether any person has been convicted of such offence or not.
(2) Upon the making of an order of forfeiture under this section, the substance or preparation to which such order relates shall be deemed to be the property of the Government free from the rights of any person.
(Added 50 of 1955 s. 6. Amended 60 of 2000 s. 3)

12. Regulations
The Director of Health may by regulation prescribe the substances and definitions thereof to which this Ordinance applies and generally for carrying the provisions of this Ordinance into effect.
(Amended 84 of 1992 s. 16) Editorial Note:
See also the saving provision in s. 20 of 84 of 1992.

### Antibiotics Regulations 《抗生素規例》

1. Citation
These regulations may be cited as the Antibiotics Regulations.
(L.N. 113 of 1969)

2. Application of Ordinance
The Ordinance shall apply to the substances specified and defined in Schedule 1 and to their salts and their derivatives and to the salts of such derivatives regardless of the method of production.
(L.N. 113 of 1969; L.N. 180 of 1989)

3. Payment of fees
The fees payable for an application of a permit and the renewal of a permit under section 6(1) shall be those specified in Schedule 2.
(L.N. 180 of 1989)

### Declaration of Mental Hospital (Consolidation) Order 《精神病院(綜合)宣布令》

1. Citation
This order may be cited as the Declaration of Mental Hospital (Consolidation) Order.

2. Declaration of mental hospitals
The places specified in the Schedule are declared to be mental hospitals for the detention, custody, treatment and care of mentally disordered persons.

### Mental Health Regulations 《精神健康規例》

1. Citation
These regulations may be cited as the Mental Health Regulations.

1A. Interpretation
In these regulations, unless the context otherwise requires—
“Hospital Authority” (醫院管理局) means the Hospital Authority established by section 3 of the Hospital Authority Ordinance (Cap. 113);
“postal article” (郵遞品) has the meaning assigned to it by section 2 of the Post Office Ordinance (Cap. 98).
(L.N. 298 of 1996)

2. Forms
The forms set forth in the Schedule are prescribed for the purposes of the Ordinance.

3. Responsibility of medical superintendent
The medical superintendent of a mental hospital shall be responsible for the care and treatment of all patients in the mental hospital and for the maintenance of discipline and good order in the hospital.

4. Visits and telephone calls
(1) A medical superintendent may refuse to permit a person other than a mental hospital visitor to visit a patient if he reasonably considers that the visit is likely to cause unnecessary distress to or adversely affect the treatment of the patient.
(2) A medical superintendent may refuse to permit a patient to make or to receive a telephone call at a mental hospital if—
(a) he reasonably considers that the telephone call is likely to cause unnecessary distress to or adversely affect the treatment of the patient;
(b) he reasonably considers that the telephone call is likely to cause unnecessary distress to the person to whom the telephone call is made or to any other person, not being a person on the staff of the mental hospital; or
(c) the person to whom the telephone call is made has given notice in writing to the medical superintendent requesting that a telephone call made to him by the patient should be disallowed.
(L.N. 298 of 1996)

### Mental Health Regulations 《精神健康規例》

5. Power to open and examine any postal article, etc.
(1) Subject to subregulation (2), a medical superintendent may open and examine—
(a) any postal article or any other article or thing addressed to a patient which is sent to or left at a mental hospital;
(b) any postal article or other article or thing intended to be sent by a patient.
(2) Subregulation (1) does not apply to any postal article or other article or thing intended to be sent by a patient to—
(a) the Chief Executive; (60 of 2000 s. 3)
(b) a member of the Executive Council; (L.N. 419 of 1996)
(c) a member of the Legislative Council;
(d)-(e) (Repealed 78 of 1999 s. 7)(f) a member of a District Council; (L.N. 419 of 1996; 8 of 1999 s. 89)
(g) a Justice of the Peace; (L.N. 419 of 1996)
(h) a public officer; (L.N. 419 of 1996)
(i) a mental hospital visitor; (L.N. 419 of 1996)
(j) the Hospital Authority; (L.N. 419 of 1996)
(k) the Mental Health Review Tribunal or its secretary; or (L.N. 419 of 1996)
(l) a solicitor acting for the patient. (L.N. 419 of 1996)
(L.N. 298 of 1996)

5A. Refusal to permit certain postal articles, etc. addressed to a patient to be delivered to that patient
(1) Subject to subregulation (2), a medical superintendent may refuse to permit any postal article or other article or thing addressed to a patient to be delivered to such patient if the medical superintendent reasonably considers that such postal article or other article or thing is likely to—
(a) cause unnecessary distress to or adversely affect the treatment of the patient; or
(b) cause danger to any person.
(2) A medical superintendent shall not exercise the power conferred by subregulation (1) in respect of any postal article or other article or thing addressed to a patient by any of the persons or bodies specified in regulation 5(2) except with the prior consent of the person or body.
(L.N. 298 of 1996)