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

5. Certain defences; provision as to Chinese medicine practitioners
(1) In any proceedings for a contravention of section 3, 3B or 4, it shall be a defence to prove that the advertisement to which the proceedings relate was made only in a publication of a technical character intended for circulation mainly amongst persons of the following classes, or of one or some of them— (Amended 16 of 2005 s. 6)
(a) medical practitioners registered under the Medical Registration Ordinance (Cap. 161), or persons deemed to be medical practitioners under section 29 thereof;
(b) pharmacists registered under the Pharmacy and Poisons Ordinance (Cap. 138);
(c) the medical and para-medical staff of—
(i) any private healthcare facility within the meaning of the Private Healthcare Facilities Ordinance (Cap. 633) for which a licence under that Ordinance is in force; (Replaced 34 of 2018 s. 163 and E.R. 5 of 2018)
(ii) any clinic to which the Medical Clinics Ordinance (Cap. 343) applies;
(iii) any hospital, maternity home or clinic maintained by the Government, the Chinese University of Hong Kong or the University of Hong Kong;
(iv) any hospital, maternity home or clinic managed or controlled by the Hospital Authority established under the Hospital Authority Ordinance (Cap. 113); (Replaced 16 of 2005 s. 6)
*(d) Chinese medicine practitioners registered or listed under the Chinese Medicine Ordinance (Cap. 549) or persons who continue to practise Chinese medicine provisionally by virtue of section 90(7) of that Ordinance. (Replaced 47 of 1999 s. 168)
(2) Nothing in the provisions of section 31 of the Medical Registration Ordinance (Cap. 161) shall be taken to permit any Chinese medicine practitioner or other person to take any part in an advertisement infringing the provisions of this Ordinance, except to the extent of the defence provided for in subsection (1). (Amended 47 of 1999 s. 168)

6. Penalty
Any person who contravenes the provisions of section 3, 3B or 4 shall be guilty of an offence and shall be liable upon a first conviction to a fine at level 5 and imprisonment for 6 months and upon a second or subsequent conviction for an offence under the same section to a fine at level 6 and imprisonment for 1 year.
(Amended 65 of 1988 ss. 5 & 10; 16 of 2005 s. 7)

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

7. Power to amend Schedules
The Director of Health may, by order published in the Gazette, amend the Schedules.
(Added 65 of 1988 s. 6. Amended 80 of 1997 s. 16)

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

8. Enforcement provisions
(1) The Director of Health may in writing authorize any public officer to be an inspector for the purposes of this Ordinance.
(2) For the purpose of ascertaining whether the provisions of this Ordinance are being complied with, an inspector may—
(a) at any reasonable time enter—
(i) any premises at which any medicine, surgical appliance or orally consumed product is manufactured, stored or sold;
(ii) any premises at which any treatment is provided;
(b) require any person found in the premises and whom the inspector reasonably suspects to have committed an offence under section 3, 3B or 4, to give to the inspector the person’s name and address and evidence of identity;
(c) in the premises make such examination and inquiry and do such other things, including the taking of copies of advertisements, as are reasonably necessary for such purpose.
(3) If a magistrate is satisfied by information upon oath that there are reasonable grounds for believing that—
(a) an offence against section 3, 3B or 4 is being or has been committed in any premises; or
(b) there is or may be in any premises anything which is or contains, or which is likely to be or to contain, evidence of the commission of an offence against any of those sections,
the magistrate may issue a warrant authorizing any inspector to enter and search the premises.
(4) If a warrant has been issued under subsection (3) in respect of any premises, an inspector may—
(a) at any time, using such force as is necessary, enter and search the premises;
(b) remove anything which obstructs such entry and search;
(c) detain any person found in the premises, for such period as is reasonably required to permit the search to be carried out, if the person might prejudice the search if not so detained; and
(d) inspect, seize and detain anything which is or contains, or which appears to the inspector to be or to contain, evidence of the commission of an offence against section 3, 3B or 4.
(5) When exercising any of the powers conferred by subsection (2) or (4), an inspector must, if so requested by any person, produce for inspection by that person written evidence of the inspector’s authority.
(6) A person who—
(a) wilfully delays or obstructs an inspector in the exercise of the powers conferred by subsection (2) or (4); or
(b) fails without reasonable excuse to give any information which the inspector reasonably requires the person to give under subsection (2),
commits an offence and is liable on conviction to a fine at level 3.
(Added 16 of 2005 s. 8)

### Public Bus Services Ordinance 《公共巴士服務條例》

1. Short title
This Ordinance may be cited as the Public Bus Services Ordinance.
(Amended 75 of 1982 s. 114)

2. Interpretation
In this Ordinance, unless the context otherwise requires—
bus (巴士) has the same meaning as in the Road Traffic Ordinance (Cap. 374); (Replaced 75 of 1982 s. 114)
Commissioner (署長) means the Commissioner for Transport;
franchise (專營權) means the right to operate a public bus service granted under section 5;
franchise period (專營期) means the period for which a franchise is granted under section 6(1) and any period for which the franchise is extended under section 6(2) or (3);
grantee (專營公司) means a company to which a franchise has been granted;
North-west Transit Service Area (西北鐵路服務範圍) means the North-west Transit Service Area within the meaning of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372); (Added 56 of 1986 s. 22)
passenger (乘客) in relation to a bus means any person carried in or on it other than the driver or conductor or any other employee of the grantee who is in uniform and on duty; (Added 88 of 1988 s. 2)
profit control scheme (利潤管制計劃) means the profit control scheme provided for by Part V;
programme (計劃) means a programme in force under section 12A; (Added 44 of 1984 s. 2)
proper and efficient service (適當而有效率的服務) means a proper and efficient public bus service within the meaning of section 12; (Added 44 of 1984 s. 2)
public bus service (公共巴士服務) means a bus service for the carriage of passengers for reward at separate fares;
Schedule of Routes order (路綫表令) means an order under section 5(1);
specified route (指明路綫) means a route specified in the Schedule of Routes order applying in the case of a grantee and any new route on which a public bus service is operated by that grantee in accordance with a requirement under section 14 or 15, or an approval under section 16A. (Amended 44 of 1984 s. 2)