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

35. Inspection and enforcement of Ordinance
(1) The Chairman may authorize in writing any public officer to be an inspector for the purposes of this Ordinance.
(2) An inspector authorized under this section shall, for the purpose of enforcing the provisions of this Ordinance, have power— (Amended 45 of 1975 s. 3)
(a) at all reasonable times to enter—
(i) any premises which are on the register of premises; and 
(ii) any premises at which any listed seller of poisons carries on business; and
(iii) the premises of a person licensed to sell or supply poisons wholesale on such premises in accordance with regulations made under section 29; and
(iv) any premises where the dispensing or manufacturing of pharmaceutical products is carried on;
(b) upon the production of his authority as an inspector, at any time to enter and search any place and to stop, board and search any vessel, vehicle, train or aircraft in which he has reason to suspect that an offence under this Ordinance is being or has been committed;
(c) in any premises entered pursuant to paragraph (b), to seize and detain any article, document or thing which appears to him to be or to contain evidence of an offence against this Ordinance;
(d) to make such examination and inquiry and to do such other things, including the taking, on payment therefor, of samples, as may be necessary for the purposes of the inspection;
(e) to seize and detain any substance or article consisting of or containing any poison which he has reasonable cause to suspect is in the possession of any person in contravention of section 23.
(3) Any person who wilfully delays or obstructs an inspector in the exercise of any powers under this section, or refuses to allow any sample to be taken in accordance with this section, or fails without reasonable excuse to give any information which he is duly required under this section to give shall be guilty of an offence.
(4) Any person appearing to an inspector to be in charge of premises where a business which includes the sale of poisons is conducted shall be guilty of an offence if, without reasonable excuse, he fails to disclose particulars sufficient to identify the owner of the business upon being required so to do by the inspector.
(5) Nothing in this section shall authorize an inspector appointed under this Ordinance to enter or inspect the premises of a registered medical practitioner, a registered dentist or a registered veterinary surgeon, other than those premises where the dispensing, manufacturing or compounding of pharmaceutical products is carried on. (Amended 96 of 1997 s. 43)
[cf. 1933 c. 25 s. 25 U.K.]

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

36. Forfeiture
(1) Any magistrate may, on application by the Government, order to be forfeited any pharmaceutical product or medicine or any substance or article consisting of or containing any poison with respect to which any offence under this Ordinance has been committed, whether any person has been convicted of such offence or not, and upon the making of any order of forfeiture such substance or article shall be deemed to be the property of the Government free from all rights of any person. (Amended 58 of 1986 s. 11; 60 of 2000 s. 3)
(2) In any proceedings on application under subsection (1), any statement or other indication of the nature of any substance or article written upon or attached to any substance, article or container shall, until the contrary is proved, be deemed to be a true description of the substance or article or of the contents of the container, as the case may be.

37. Ordinance not to apply to Chinese herbal medicines and proprietary Chinese medicines, etc.
(1) Subject to subsection (2), nothing in this Ordinance shall apply to the sale, manufacturing, dispensing or compounding of Chinese herbal medicines or proprietary Chinese medicines as defined in section 2 of the Chinese Medicine Ordinance (Cap. 549) or other materials of herbal, animal or mineral origin customarily used by the Chinese for medicinal purpose.
(2) Notwithstanding subsection (1), this Ordinance shall apply to pharmaceutical products containing any such Chinese herbal medicines or proprietary Chinese medicines or other materials of herbal, animal or mineral origin customarily used by the Chinese for medicinal purpose as active ingredients.
(Replaced 47 of 1999 s. 163)

38. Amendment of Schedule
The Director of Health may, by notice published in the Gazette, amend the Schedule.
(Added 19 of 2020 s. 4)

### Pharmacy and Poisons Regulations 《藥劑業及毒藥規例》

1. Citation
These regulations may be cited as the Pharmacy and Poisons Regulations.

### Pharmacy and Poisons Regulations 《藥劑業及毒藥規例》

2A. Poisons List
The Poisons List is set out in Schedule 10.
(2 of 2015 s. 33)

3. Application of section 22 restricted to Schedule 1
(E.R. 5 of 2020)Section 22 shall only apply to those poisons included in Part 1 of the Poisons List which are also included in Schedule 1 but not included in Schedule 3.
(L.N. 202 of 1999; 2 of 2015 s. 34; E.R. 3 of 2015; E.R. 5 of 2020)

4. Extension of labelling provisions and relaxation with respect to poisons in Schedule 6
(E.R. 5 of 2020)(1) Subject to paragraph (2), the provisions of section 27 and regulations 12 to 17 (which provisions relate to the labelling of poisons) shall apply to sales exempted by section 32, and shall also apply to the supply of poisons (otherwise than on sale) and references in those provisions to the sale and the seller of poisons shall be deemed to refer to the supply and the supplier of poisons respectively. 
(2) In the case of the sale or supply of any of the poisons included in Schedule 6 to a person who— (E.R. 5 of 2020)
(a) carries on a business in the course of which poisons are regularly sold by way of wholesale dealing or are regularly used in the manufacture of other articles; and
(b) requires the poison for the purpose of that business,
if the outside of the package in which the poison is sold or supplied is labelled conspicuously with words indicating the dangerous properties of the poison, it shall be necessary to comply only with regulation 15 and section 27(a) and section 27(d) (as modified by regulation 17).
(E.R. 3 of 2015)