### Antibiotics Ordinance 《抗生素條例》

1. Short title
This Ordinance may be cited as the Antibiotics Ordinance.
(Amended 40 of 1969 s. 3)

2. Interpretation
In this Ordinance, unless the context otherwise requires—
authorized seller of poisons (獲授權毒藥銷售商) has the meaning assigned to it by the Pharmacy and Poisons Ordinance (Cap. 138);
Director of Agriculture, Fisheries and Conservation (漁農自然護理署署長) includes the senior veterinary officer and any veterinary officer; (Added 23 of 1962 s. 3. Amended L.N. 331 of 1999)
penicillin (青霉素) has the meaning assigned to it by the regulations made under this Ordinance;
registered dentist (註冊牙醫) means a person registered in the General Register and a person deemed to be a registered dentist under the Dentists Registration Ordinance (Cap. 156); (Amended 62 of 1987 s. 10; 11 of 2006 s. 36)
registered medical practitioner (註冊醫生) means a person registered or deemed to be registered under the Medical Registration Ordinance (Cap. 161);
registered pharmacist (註冊藥劑師) means a person registered in the register of pharmaceutical chemists or the register of chemists and druggists under the Pharmacy and Poisons Ordinance (Cap. 138);
registered veterinary surgeon (註冊獸醫) means a veterinary surgeon registered under the Veterinary Surgeons Registration Ordinance (Cap. 529). (Replaced 96 of 1997 s. 36)

3. Substances to which this Ordinance applies
The substances to which this Ordinance applies are penicillin and such other anti-microbial organic substances produced by living organisms as may be prescribed by regulations made by the Director of Health under section 12 and, where such regulations prescribe a substance produced by living organisms, the regulations may include any substance the chemical properties of which are identical with or similar to those of the substances so prescribed but which is not produced by living organisms: (Amended 50 of 1955 s. 2; 84 of 1992 s. 12)
Provided that this Ordinance shall not apply to antibiotic substances contained in foods for livestock or to such substances which have been specially manufactured for the purpose of supplementing foods for livestock. (Added 50 of 1955 s. 2)

### Antibiotics Ordinance 《抗生素條例》

5. Prohibition of possession of substances to which this Ordinance applies
(1) Subject to the provisions of subsection (2), no person shall have in his possession or under his control any substance to which this Ordinance applies or any preparation of which any such substance is an ingredient or part.
(2) Subsection (1) of this section shall not apply to the following—
(a) a registered medical practitioner;
(b) a person referred to in section 4(1)(b); (Added 14 of 1964 s. 3)
(c) a registered dentist;
(d) a registered veterinary surgeon; (Amended 96 of 1997 s. 38)
(e) a registered pharmacist;
(f) an authorized seller of poisons;
(g) a department of Government;
(h) any person acting under the direction of a registered medical practitioner, registered dentist or registered veterinary surgeon; (Amended 45 of 1984 s. 2; 96 of 1997 s. 38)
(i) a person who is the holder of a valid permit issued under this Ordinance to deal in such substance or preparation; (Amended 23 of 1962 s. 4; 45 of 1984 s. 2)
(j) a person who is the holder of a valid permit issued by the Director of Agriculture, Fisheries and Conservation under section 6(2); or (Added 23 of 1962 s. 4; 45 of 1984 s. 2. Amended L.N. 331 of 1999; E.R. 1 of 2021)
(k) a person in bona fide possession of a substance supplied to him in conformity with section 4. (Added 45 of 1984 s. 2)
(Added 50 of 1955 s. 4)

### Antibiotics Ordinance 《抗生素條例》

6. Permits to deal in and to possess substances to which this Ordinance applies
(1) The Director of Health or any person authorized by him in that behalf may in his absolute discretion issue to any person a permit in writing to deal in any substance to which this Ordinance applies or any preparation of which any such substance is an ingredient or part. (Amended L.N. 76 of 1989)
(2) The Director of Agriculture, Fisheries and Conservation may in his absolute discretion issue to any person a permit in writing to possess for the purposes of veterinary treatment any substance to which this Ordinance applies or any preparation of which any such substance is an ingredient or part. (Added 23 of 1962 s. 5. Amended L.N. 331 of 1999)
(3) Every permit in writing issued under the provisions of this section shall be given a serial number and any such permit may contain such conditions as the issuing authority may think necessary or expedient to impose and any such permit may be revoked by the issuing authority at any time.
(Added 50 of 1955 s. 4. Amended 23 of 1962 s. 8)

### Antibiotics Ordinance 《抗生素條例》

8. Notification that no scheduled antibiotics may be sold
Any person who sells by retail pharmaceutical products on premises at which no registered pharmacist is employed shall cause to be displayed in such premises in a prominent place so as to be clearly visible to the public, a notice in the English and Chinese languages to the effect that the antibiotics specified in the Schedule to the Antibiotics Regulations (Cap. 137 sub. leg. A) may not be sold on such premises.
(Added 40 of 1969 s. 5. Amended E.R. 1 of 2021)

9. Inspections and enforcement of Ordinance
(1) The Director of Health may in writing authorize any public officer to be an inspector for the purposes of this Ordinance. (Amended L.N. 76 of 1989)
(2) Any inspector authorized under this section shall, for the purpose of enforcing the provisions of this Ordinance and any regulations made thereunder have power—
(a) at all reasonable times to enter the premises of any registered pharmacist, any authorized seller of poisons and any person who is the holder of a permit under this Ordinance;
(b) at any time to enter any premises in which he has reason to suspect that an offence against this Ordinance has been committed;
(c) to make such examination and inquiry and to do such other things, including the taking on repayment therefor of samples, as may be necessary for the purposes of inspection;
(d) to seize and detain any substance to which this Ordinance applies or any preparation of which any such substance is an ingredient or part which he has reasonable cause to suspect is liable to forfeiture under this Ordinance; and (Amended 23 of 1962 s. 7)
(e) to seize and detain any document, record or article which appears to him to constitute or contain evidence of the commission of an offence under this Ordinance. (Added 23 of 1962 s. 7)
(3) If any person wilfully resists or obstructs an inspector in the exercise of his powers under this section, or refuses to allow any sample to be taken in accordance with the provisions of this section, or fails without reasonable excuse to give any information which is duly required under this section to give, he shall be guilty of an offence and shall be liable on summary conviction to a fine at level 2. (Amended 84 of 1992 s. 14; E.R. 1 of 2021)
(Added 50 of 1955 s. 4)