| To restrict certain advertisements relating to medical matters. [1 April 1953] (Originally 4 of 1953) Cap 231 s 1 Short title This Ordinance may be cited as the Undesirable Medical Advertisements Ordinance. Cap 231 s 2 Interpretation (1) In this Ordinance, unless the context otherwise requires- (Amended 65 of 1988 s. 9; L.N. 95 of 1993) "advertisement" (广告) includes any notice, poster, circular, label, wrapper or document, and any announcement made orally or by any means of producing or transmitting light or sound; "medicine" (药物) includes any kind of medicament or other curative or preventive substance, and whether a proprietary medicine, a patent medicine, a Chinese herbal medicine, a proprietary Chinese medicine, or purported natural remedy. (Amended 47 of 1999 s. 167) (2) For the purposes of this Ordinance- (a) the sale or supply, or offer or exposure for sale or supply, of any- (i) medicine; (ii) surgical appliance; or (iii) treatment, in a labelled container or package shall constitute the publication of an advertisement;(b) the supply, inside any container or package containing any medicine, surgical appliance or treatment, of information relating to that or any other medicine, surgical appliance or treatment shall not constitute the publication of an advertisement. (Added 65 of 1988 s. 9) Cap 231 s 3 Prohibition of advertisements relating to certain diseases; exceptions therefrom (1) No person shall publish, or cause to be published, any advertisement likely to lead to the use of any medicine, surgical appliance or treatment for- (a) the purpose of treating human beings for, or preventing human beings from contracting, any disease or condition specified in column 1 of Schedule 1, except for a purpose (if any) specified in column 2 of that Schedule; or (b) treating human beings for any purpose specified in Schedule 2. (Replaced 65 of 1988 s. 2)(2) Subsection (1) shall not apply to an advertisement published by or with the authority of the Director of Health or to an advertisement duly authorized by an officer of Her Majesty's forces for dissemination only amongst members of Her Majesty's forces. (Amended L.N. 76 of 1989) (3) Where, in an advertisement published in contravention of subsection (1), a person named in that advertisement is held out- (a) as being a manufacturer or supplier of medicine or surgical appliances; or (b) as being able to provide any treatment,that person is presumed, until the contrary is proved, to have caused the advertisement to be published. (Added 65 of 1988 s. 2) (4) Where an advertisement published in contravention of subsection (1) gives the name, address or telephone number of, or indicates some other means of contacting, a person, and that person- (a) manufactures or supplies medicine or surgical appliances; or (b) provides any treatment,that person is presumed, until the contrary is proved, to have caused the advertisement to be published. (Added 65 of 1988 s. 2) (5)-(6) (Omitted as spent) Cap 231 s 3A (Omitted as spent) (Omitted as spent) Cap 231 s 4 Prohibition of advertisements relating to abortion (1) Subject to subsection (2), no person shall in any manner write, print, or publish or cause to be written, printed or published any advertisement- (a) offering to procure the miscarriage of women; (b) canvassing the procuration of miscarriage of women; (c) inviting or inducing the procuration of miscarriage of women; or (d) referring to any thing whatsoever, in terms which are calculated to lead to the use of that thing for the procuration of miscarriage of women.(2) Subsection (1) shall not apply to an advertisement published by or with the written authority of the Director of Health. (Amended L.N. 76 of 1989) (3) Where, in an advertisement published in contravention of subsection (1), a person named in that advertisement is held out- (a) as being a manufacturer or supplier of medicine or surgical appliances; or (b) as being able to provide any treatment,that person is presumed, until the contrary is proved, to have caused the advertisement to be published. (Added 65 of 1988 s. 4) (4) Where any advertisement published in contravention of subsection (1) gives the name, address or telephone number of, or indicates some other means of contacting, a person, and that person- (a) manufactures or supplies medicine or surgical appliances; or (b) provides any treatment,that person is presumed, until the contrary is proved, to have caused the advertisement to be published. (Added 65 of 1988 s. 4) (Replaced 70 of 1980 s. 2) Cap 231 s 5 Certain defences; provision as to Chinese medicine practitioners (1) In any proceedings for a contravention of section 3 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- (a) medical practitioners registered under the Medical Registration Ordinance (Cap 161), or persons deemed to be medical practitioners under section 29 thereof; |
