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[接上页] (b) Where the authorization conferred on any person by section 22 has been withdrawn and the withdrawal suspended, the Director may, upon application, by order restore the authorization. (c) Where the authorization conferred by section 22 has been withdraw permanently or for a specified period exceeding one year, no application may be made under this subsection within 6 months after the withdrawal took effect.(7) Any person aggrieved by a refusal of the Director to make an order under subsection (6) may appeal by way of petition to the Chief Executive. (8) Notice of an order under subsection (6), and of a decision of the Chief Executive on an appeal under subsection (7) restoring to any person the authorization conferred by section 22 or suspending the withdrawal of such an authorization, shall be published in the Gazette. (9) On an appeal under subsection (3) or (7), the Chief Executive may confirm, vary or reverse the decision or substitute therefor such other decision or make such other order as he thinks fit. (10) Where an authorization is conferred by section 22(5A) for a specified period, the expiry of such period shall not be regarded as withdrawal of the authorization for the purposes of making any appeal under this section. (Added 2 of 1992 s. 9) (Amended 13 of 1999 s. 3) Cap 134 s 34 Power to prohibit prescribing of dangerous drug Where the authorization conferred by section 22 is withdrawn under section 33 from a registered medical practitioner, a registered dentist or a registered veterinary surgeon, the Director may, by notice in the Gazette, direct that it shall not be lawful for that person to give prescriptions prescribing a dangerous drug. (Amended 96 of 1997 s. 35) [cf. S.I. 1964/1811 reg. 11 U.K.] Cap 134 s 34A Amendment of Sixth Schedule The Director may, by notice in the Gazette, amend the Sixth Schedule where he is of the opinion that it is in the public interest to do so. (Added 2 of 1992 s. 10) Cap 134 s 35 Divan keeping PART V DIVANS, EQUIPMENT FOR SMOKING, INJECTING, ETC. DANGEROUS DRUG, AND PREMISES USED FOR UNLAWFUL TRAFFICKING IN OR MANUFACTURE OF DANGEROUS DRUG (1) No person shall open, keep, manage or assist in the management of a divan where- (a) a dangerous drug is sold in the divan to be smoked, inhaled, ingested or injected therein; (b) a price or its equivalent is charged for the smoking, inhalation, ingestion or injection of a dangerous drug therein; or (c) any benefit or advantage whatever, direct or indirect, is derived by such person in consequence of the smoking, inhalation, ingestion or injection of a dangerous drug therein.(2) Any person who contravenes any of the provisions of subsection (1) shall be guilty of an offence and shall be liable- (a) on conviction on indictment, to a fine of $5000000 and to imprisonment for 15 years; and (b) on summary conviction, to a fine of $500000 and to imprisonment for 3 years. (Amended 43 of 1974 s. 5) Cap 134 s 36 Possession of pipes, equipment, etc. (1) Save under and in accordance with this Ordinance, no person shall have in his possession any pipe, equipment or apparatus fit and intended for the smoking, inhalation, ingestion or injection of a dangerous drug. (2) Any person who contravenes any of the provisions of subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of $10000 and, subject to section 54A, to imprisonment for 3 years. (Amended 67 of 1979 s. 3) Cap 134 s 37 Responsibility of owners, tenants, etc. (1) No person shall- (a) being the owner, tenant, occupier or person in charge of any place or premises, permit or suffer such place or premises or any part thereof to be opened, kept or used as a divan or for unlawful trafficking in or the unlawful manufacturing or storage of a dangerous drug; or (b) let or agree to let, whether as principal or agent, any place or premises with the knowledge that such place or premises or any part thereof is to be opened, kept or used as a divan or for unlawful trafficking in or the unlawful manufacturing or storage of a dangerous drug. (Amended 46 of 1971 s. 5)(2) Any person who contravenes any of the provisions of subsection (1) shall be guilty of an offence and shall be liable- (a) on conviction on indictment, to a fine of $5000000 and to imprisonment for 15 years; and (b) on summary conviction, to a fine of $500000 and to imprisonment for 3 years. (Amended 43 of 1974 s. 6) Cap 134 s 38 Premises used for unlawful trafficking in or manufacturing, etc. dangerous drug (1) Where it is proved to the satisfaction of a court that an offence under section 4, 6, 35 or 37 has been committed in or on or in respect of any place or premises or any part thereof, the court may order that a notice of the fact shall be served either personally or by registered post on- (Amended 46 of 1971 s. 6; 52 of 1992 s. 5) (a) the owner or any tenant of the place or premises or the part thereof; or (b) if such owner or tenant is absent or under disability, on his agent; or |