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

28A. Restriction on import and export of pharmaceutical products
(1) A person must not carry on business as an importer of pharmaceutical products unless—
(a) the person is a licensed wholesale dealer; or
(b) the person is a licensed manufacturer and the products are imported by the person for the purpose of manufacturing the person’s own pharmaceutical products.
(2) A person must not carry on business as an exporter of pharmaceutical products unless—
(a) the person is a licensed wholesale dealer; or
(b) the person is a licensed manufacturer and the products to be exported are manufactured by the person.
(3) If—
(a) a person was registered under this section, as in force before the commencement date of the Pharmacy and Poisons (Amendment) Ordinance 2015 (2 of 2015) (amending Ordinance), to carry on business as an importer or exporter of pharmaceutical products; and
(b) that registration was in force immediately before that date,

then, for the remainder of the period for which that registration would have continued to be valid had section 22 of the amending Ordinance not been enacted, the person is to be regarded as a licensed wholesale dealer and this Ordinance applies to the person accordingly.
(Replaced 2 of 2015 s. 22)

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

29A. Power of Board to specify forms
(1) The Board may specify forms to be used for any provision of this Ordinance.
(2) If a form is specified under this section, the Board must make copies of the form available for inspection by the public free of charge—
(a) at the office of the Secretary during normal office hours; and
(b) in any other manner the Board thinks fit.
(Added 2 of 2015 s. 24)

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

30A. Right of appeal to Court of First Instance
Any person whose appeal is dismissed or allowed in part only by the Tribunal under section 30 may, not later than 28 days after the decision of the Tribunal, appeal to the Court of First Instance against that decision.
(Added 50 of 1980 s. 8. Amended 25 of 1998 s. 2; 10 of 2008 s. 25)

31. Poisons Committee
(1) For the purposes of advising the Board on the classification and distribution of poisons in Part 1 and Part 2 of the Poisons List and matters relating to the control of the manufacture and distribution of poisons and pharmaceutical products, there shall be a Poisons Committee consisting of— (Amended E.R. 4 of 2015)
(a) the registered medical practitioner appointed under section 3(2)(h); and (Amended 2 of 2015 s. 26)
(b) 5 other members of the Board appointed by the Board, including 2 of the members appointed under section 3(2)(g).
(2) In determining the distribution of poisons in Part 1 and Part 2 of the Poisons List the Board shall, after considering the advice of the Poisons Committee, have regard to the desirability of restricting to Part 2 substances which are in common use, or are likely to come into common use, and which it is reasonably necessary to include in the said Part 2 if the public are to have adequate facilities for obtaining them. (Amended E.R. 4 of 2015)
[cf. 1933 c. 25 ss. 16 & 17 U.K.]

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

32. Exemption with respect to sales wholesale and sales to certain persons
Except as provided by regulations, nothing in this Ordinance shall extend to or interfere with—
(a) the sale of poisons by way of wholesale dealing; or
(b) the sale of poisons to be exported by a person referred to in section 28A(2) to purchasers outside Hong Kong; or (Amended 50 of 1980 s. 9; 60 of 2000 s. 3; 2 of 2015 s. 27)
(c) the sale of a substance to a registered medical practitioner, registered dentist or registered veterinary surgeon for the purpose of his profession; or (Amended 96 of 1997 s. 42)
(d) the sale or supply of a substance for use in or in connection with an institution; or
(e) the sale of a substance by a person carrying on a business, in the course of which poisons are regularly sold to either—
(i) a person who requires the substance for the purpose of his trade or business; or
(ii) a Government department or an officer of the Government requiring the substance for the purpose of the public service; or (Amended 60 of 2000 s. 3)
(iii) a person or institution concerned with education or scientific research, if the substance is required for the purposes of that education or research.
[cf. 1933 c. 25 s. 20 U.K.]

33. Offences
(1) Any person who contravenes section 21, 23, 26, 27, 28 or 28A shall be guilty of an offence. (Amended 2 of 2015 s. 28)
(2) In the case of proceedings against a person under this Ordinance for or in connection with the sale, exposure for sale or supply of a poison effected by an employee—
(a) it shall not be a defence that the employee acted without the authority of the employer; and
(b) any material fact known to the employee shall be deemed to have been known to the employer.
(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.
[cf. 1933 c. 25 s. 24 U.K.]

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

34. Penalty
Any person who is guilty of an offence under this Ordinance shall, unless a penalty is otherwise expressly provided, be liable on conviction to a fine at level 6 and to imprisonment for 2 years.
(Amended 31 of 1972 s. 7; 84 of 1992 s. 11; 68 of 1995 s. 32; 2 of 2015 s. 29) [cf. 1933 c. 25 s. 24 U.K.]

34A. Recovery of costs and expenses of collecting or analysing poisons or pharmaceutical products etc.
(1) If a person is convicted of an offence under this Ordinance, the court may order the person to pay to the Government the sum the court considers appropriate for the costs and expenses reasonably incurred by the Government in relation to the collection, analysis or examination of a poison, pharmaceutical product or any other substance for the purpose of the criminal proceedings. 
(2) A sum ordered to be paid under subsection (1) is recoverable as a civil debt. 
(3) To avoid doubt, this section does not affect any power conferred on the court under the Costs in Criminal Cases Ordinance (Cap. 492).
(Added 2 of 2015 s. 30)