【法规名称】
【法规编号】 44130 什么是编号？
【正 文】
第3页 CAP 134 DANGEROUS DRUGS ORDINANCE
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[接上页] "wholesale dealer" (批发商) means a person who carries on the business of selling dangerous drugs to persons who buy to sell again, and "wholesale dealing" (批发经营) shall be construed accordingly. [cf. S.I. 1964/1811 reg. 32(1) U.K.] (2) For the purposes of this Ordinance, a person shall be deemed to be in possession of a dangerous drug or a pipe, equipment or apparatus, as the case may be, if it is in his actual custody or is held by some other person subject to his control or for him and on his behalf. [cf. S.I. 1964/1811 reg. 20 U.K.] (3) Any quantity of a dangerous drug shall be a dangerous drug for the purposes of this Ordinance notwithstanding that the quantity is insufficient to be measured or used. (Added 40 of 1982 s. 2) (4) The Secretary for Security may, by notice in the Gazette, specify a Convention or Protocol for the purposes of this Ordinance. (Added 89 of 1995 s. 34) Cap 134 s 3 Calculation of percentages for purposes of First Schedule, and extended meaning of "substance" (借) (1) For the purposes of the First Schedule- (a) in the case of liquid preparations, percentages shall be calculated on the basis that a preparation containing 1 per cent of any substance means a preparation in which 1 gram of the substance if a solid, or 1 millilitre of the substance if a liquid, is contained in every 100 millilitres of the preparation, and so in proportion for any greater or less percentage; and (b) in the case of salts, percentages shall be calculated as in respect of the anhydrous base.(2) The specification in paragraph 1 of Part I of the First Schedule of a substance shall, if the existence of isomers of that substance is possible within the specific chemical designation thereof, be taken to comprehend the specification of any isomer of that substance whose existence is possible as aforesaid; and any other reference in the First Schedule to a substance specified in paragraph 1 of Part I thereof shall be construed accordingly. [cf. 1965 c. 15 s. 24(2) U.K.] Cap 134 s 4 Trafficking in dangerous drug PART II CONTROL OF IMPORT, EXPORT, PROCURING, SUPPLY, DEALING IN OR WITH, MANUFACTURE AND POSSESSION OF DANGEROUS DRUGS (1) Save under and in accordance with this Ordinance or a licence granted by the Director hereunder, no person shall, on his own behalf or on behalf of any other person, whether or not such other person is in Hong Kong- (a) traffic in a dangerous drug; (b) offer to traffic in a dangerous drug or in a substance he believes to be a dangerous drug; or (c) do or offer to do an act preparatory to or for the purpose of trafficking in a dangerous drug or in a substance he believes to be a dangerous drug. (Amended 37 of 1980 s. 2)(2) Subsection (1) shall apply whether or not the dangerous drug is in Hong Kong or is to be imported into Hong Kong or is ascertained, appropriated or in existence. (3) 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 life; and (b) on summary conviction, to a fine of $500000 and to imprisonment for 3 years. (Amended 43 of 1974 s. 2)(4) This section does not apply to- (a) a preparation specified in Part II of the First Schedule; or (b) a dangerous drug which is in transit and- (i) is in course of transit from a country from which it may lawfully be exported to another country into which it may lawfully be imported; and (ii) was exported from a country which is a party to the Conventions and is accompanied by a valid export authorization or diversion certificate, as the case may be. (Replaced 7 of 1984 s. 2) Cap 134 s 4A Trafficking in purported dangerous drug (1) No person shall, on his own behalf or on behalf of any other person, whether or not such other person is in Hong Kong- (a) traffic in any substance represented or held out by him to be a dangerous drug but which is not in fact a dangerous drug; (b) offer to traffic in any substance represented or held out by him to be a dangerous drug but which is not in fact a dangerous drug; or (c) do or offer to do an act preparatory to or for the purpose of trafficking in any substance represented or held out by him to be a dangerous drug but which is not in fact a dangerous drug.(2) Subsection (1) shall apply whether or not the substance represented or held out to be a dangerous drug is in Hong Kong or is to be imported into Hong Kong or is ascertained, appropriated or in existence. (3) 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 $500000 and to imprisonment for 7 years; and (b) on summary conviction, to a fine of $100000 and to imprisonment for 1 year.(4) No prosecution for an offence under this section shall be instituted without the consent in writing of the Secretary for Justice, but this subsection shall not prevent the arrest, or the issue of a warrant for the arrest, of a person for any such offence, or the remand in custody or on bail of a person charged with such an offence. (Amended L.N. 362 of 1997) |
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