### Dangerous Drugs Ordinance 《危險藥物條例》

49E. Disclosure of information for research purposes
(1) Where the Commissioner is satisfied, upon an application being made to him in writing, that disclosure of confidential information which is recorded by the Registry—
(a) is sought by the applicant in the interests of bona fide research; and
(b) can be made in a manner that does not disclose the identity of any drug abuser,
he may if he thinks fit authorize any employee of the Registry to disclose to the applicant confidential information in that manner.
(2) Where a reporting agency director is satisfied, upon an application being made to him in writing, that disclosure of confidential information which is recorded by the reporting agency of which he is director—
(a) is sought by the applicant in the interests of bona fide research; and
(b) can be made in a manner that does not disclose the identity of any drug abuser,
he may if he thinks fit authorize any employee of the reporting agency to disclose to the applicant confidential information in that manner.
(3) An authorization issued under subsection (1) or (2)—
(a) shall be in writing;
(b) shall identify the information, or the nature of the information, to which it applies;
(c) shall state the manner in which the authorized disclosure is to be made so as to prevent the identity of any drug abuser from being disclosed;
(d) may be revoked at any time.

### Dangerous Drugs Ordinance 《危險藥物條例》

49F. Access to records with consent of addict
(1) Where a drug abuser gives his consent for confidential information which concerns him to be disclosed to a person, or for a purpose, specified in such consent—
(a) the Commissioner may, if he thinks fit, authorize such disclosure from the records of the Registry; and
(b) a reporting agency director may, if he thinks fit, authorize such disclosure from the records of his reporting agency.
(2) An authorization given under subsection (1) shall be in writing and shall state—
(a) whether the disclosure is to be made from the records of the Registry or of a reporting agency, and, in the latter case, the name of that agency;
(b) where the disclosure is to be made—
(i) from the Registry, that the authorization is given by the Commissioner;
(ii) by a reporting agency, the name of the reporting agency director who gives the authorization;
(c) the name of the person to whom the disclosure is to be made;
(d) the extent of the confidential information which may be disclosed;
(e) the purpose of the disclosure; and
(f) that the authorization may be revoked at any time, and the circumstances in which, or date when, it will expire if not revoked.
(3) An authorization given by the Commissioner or any reporting agency director under subsection (1) may be revoked at any time.
(4) A drug abuser’s consent for the purposes of subsection (1) shall be in writing and—
(a) be given—
(i) in the case of a drug abuser who is unmarried and under the age of 19 years, both by him and by a parent or other person standing in loco parentis to him;
(ii) in the case of a drug abuser who is by reason of mental disability unable to give the consent himself, by a person having lawful authority over his affairs;
(b) be read over to the person giving consent by or in the presence of the person who authorizes disclosure under subsection (1); and
(c) bear the signature, fingerprint or mark of the person giving consent.

### Dangerous Drugs Ordinance 《危險藥物條例》

49G. Access to records by order of Secretary for Justice
(1) Where in connection with the investigation or prosecution of a crime the Secretary for Justice is of the opinion that, because of the gravity of the crime or for any other reason, the public interest requires that any confidential information should be disclosed he may, after considering any representations which may be made by—
(a) the Commissioner; and
(b) the reporting agency director of the reporting agency (if any) which supplied the confidential information to the Registry or from whose records the disclosure is to be made,
make an order in accordance with this section.
(2) The power conferred upon the Secretary for Justice by subsection (1) shall be exercised by the Secretary for Justice personally.
(3) An order under subsection (1) shall be in writing and may direct—
(a) the Commissioner and any reporting agency director who has been given the opportunity to make representations to the Secretary for Justice under subsection (1); and
(b) any employee of the Registry or, as the case may be, of a reporting agency,
to disclose in such manner, to such person, and at such time and place as the order specifies, such records as are specified in the order.
(4) An order under subsection (1) shall be served personally on every person who is directed by it to disclose any record.
(5) Any person who fails without reasonable excuse to comply with an order under subsection (1) commits an offence and is liable to a fine at level 2 and to imprisonment for 6 months. (Amended E.R. 4 of 2019)
(Amended L.N. 362 of 1997)

49H. Consent of Secretary for Justice required for prosecution
No prosecution for an offence under this Part shall be instituted except with the consent of the Secretary for Justice.
(Amended L.N. 362 of 1997)

49I. Amendment of Fourth Schedule
The Secretary for Security may by order published in the Gazette amend the Fourth Schedule.

50. Amendment of First, Second and Third Schedules
(1) The Chief Executive may by order published in the Gazette amend the First and Third Schedules. (Replaced 65 of 1981 s. 3. Amended 62 of 1994 s. 7; 13 of 1999 s. 3)
(2) The Secretary for Security may by order published in the Gazette amend the Second Schedule. (Added 62 of 1994 s. 7)

### Dangerous Drugs Ordinance 《危險藥物條例》

51. Regulations
(1) The Chief Executive in Council may make regulations for all or any of the following matters— (Amended 13 of 1999 s. 3)
(a) the keeping of registers and other records by persons authorized by or licensed under this Ordinance to manufacture, procure, supply or possess dangerous drugs, and the furnishing of information by such persons;
(b) the preservation of such registers and records and of other documents kept, issued or made pursuant to or for the purposes of this Ordinance;
(c) requirements with respect to prescriptions;
(d) the marking of packages and bottles containing dangerous drugs;
(e) the period for which a licence issued under section 18 is valid;
(f) the fees payable on the issue of a licence under section 18;
(g) the form of any document, other than a licence or certificate, required by, under or for the purposes of this Ordinance.
(2) Regulations made under this section may provide that a contravention of specified provisions thereof shall be an offence and may provide penalties therefor not exceeding a fine of $450,000 and imprisonment for 3 years. (Amended L.N. 201 of 1996)

### Dangerous Drugs Ordinance 《危險藥物條例》

53. Failure to comply with requirement under section 52 and obstruction of authorized officer
Any person who—
(a) fails to comply with a requirement of a public officer under section 52(5)(b) or (6)(b); or
(b) obstructs a public officer in the exercise of any power conferred on him by section 52,
shall be guilty of an offence and shall be liable on conviction to a fine at level 1 and to imprisonment for 6 months. (Amended E.R. 4 of 2019)