| To consolidate and amend the law relating to pharmacy and poisons. [1 January 1970] L.N. 186 of 1969 (Originally 46 of 1969) Cap 138 s 1 Short title This Ordinance may be cited as the Pharmacy and Poisons Ordinance. Cap 138 s 2 Interpretation (1) In this Ordinance, unless the context otherwise requires- "authorized seller of poisons" (获授权毒药销售商) means a business authorized to sell poisons under section 11; (Replaced 58 of 1986 s. 2) "Board" (管理局) means the Pharmacy and Poisons Board established under section 3; "certificate of good standing" (良好声誉证明书) means a certificate issued under section 9A; (Added 68 of 1995 s. 24) "dispense" (配发、配药) means supplying a medicine or poison on and in accordance with a prescription given by a registered medical practitioner, a registered dentist or a registered veterinary surgeon; and also means the compounding or mixing of substances, including poisons, and the supplying of the same and "dispensing" (配发、配药) shall be construed accordingly; (Added 58 of 1986 s. 2. Amended 96 of 1997 s. 39) "institution" (机构) means- (a) any hospital or maternity home within the meaning of the Hospitals, Nursing Homes and Maternity Homes Registration Ordinance (Cap 165); (b) any clinic within the meaning of the Medical Clinics Ordinance (Cap 343); (c) any such hospital, maternity home or clinic maintained by the Crown; or (d) any hospital, maternity home or clinic managed or controlled by the Hospital Authority established under the Hospital Authority Ordinance (Cap 113); (Added 84 of 1992 s. 7)"label" (标签) means any statement forming part of or affixed to a container in which pharmaceutical products are sold, which statement may, subject to any regulations made under this Ordinance, be printed in English or Chinese; (Amended 68 of 1995 s. 2) "listed seller of poisons" (列载毒药销售商) means a person whose name is entered on the list kept under section 25 of persons entitled to conduct the retail sale of poisons included in Part II of the Poisons List; "manufacture" (制造) means the preparation of pharmaceutical products for sale or distribution but shall not include the individual dispensing on a prescription or otherwise of any pharmaceutical product, and "manufacturer" (制造商) has a corresponding meaning; "pharmaceutical product" (药剂制品) and "medicine" (药物) mean any substance or mixture of substances manufactured, sold, supplied or offered for sale or supply for use in- (a) the diagnosis, treatment, mitigation, alleviation or prevention of disease or any symptom thereof; (b) the diagnosis, treatment, mitigation, alleviation of any abnormal physical or physiological state or any symptom thereof; (c) altering, modifying, correcting or restoring any organic function,in human beings or in animals; (Replaced 50 of 1977 s. 2)"poison" (毒药) means a substance which is specified in the Poisons List; "Poisons List" (毒药表) means the Poisons List prescribed by regulations; "practising certificate" (执业证明书) means a certificate issued under section 10A; (Added 50 of 1977 s. 2) "registered" (注册) means- (a) in relation to a pharmacist, a person whose name has been entered on the register of pharmacists under section 5; (b) in relation to premises, such premises as are entered on the register of premises under section 13; (c) in relation to a medical practitioner, a person duly registered or deemed to be registered under the Medical Registration Ordinance (Cap 161); (d) in relation to a dentist, a person duly registered or deemed to be registered under the Dentists Registration Ordinance (Cap 156); (e) in relation to a veterinary surgeon, a person duly registered under the Veterinary Surgeons Registration Ordinance (Cap 529); (Added 96 of 1997 s. 39)"sale by way of wholesale dealing" (以批发经营方式销售) means the sale of goods to a person who is authorized by this Ordinance to resell such goods; "Secretary" (秘书) means the secretary to the Board; "sell" (售、销售) includes- (a) offer or expose for sale; (b) supply without payment; and (c) offer or expose for supply without payment,and "sold" (售、销售) and "seller" (销售商) shall be construed accordingly; (Replaced 58 of 1986 s. 2)"Tribunal" (审裁处) has the meaning assigned to it by section 30. (Added 50 of 1980 s. 2) (Amended 38 of 1977 s. 24; 96 of 1997 s. 39)(2) it shall be a sufficient compliance with any requirement in this Ordinance that premises be under the personal control of a registered pharmacist if for not less than two-thirds of the hours of each day the premises are open for business a registered pharmacist is present at the premises and exercises control and supervision over the persons employed therein. (3) Where in this Ordinance any document is required to be signed by any person, that person shall write his name or make his mark on the document but the affixing of a chop shall not be an adequate signature. |
