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[接上页] (Added 37 of 1980 s. 3) Cap 134 s 5 Dangerous drug not to be supplied except to person authorized or licensed to be in possession thereof (1) No person shall supply or procure, or offer to supply or procure, a dangerous drug to or for any person in Hong Kong unless- (a) the latter person is authorized by or licensed under this Ordinance to be in possession of that dangerous drug; (b) the dangerous drug is to be supplied or procured in accordance with this Ordinance; and (c) in the case of a person licensed under this Ordinance to be in possession of the dangerous drug, the dangerous drug is to be supplied or procured in accordance with the conditions of his licence.(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable- (a) on conviction on indictment, to a fine of $100000 and to imprisonment for 15 years; and (b) on summary conviction, to a fine of $10000 and to imprisonment for 3 years.(3) For the purposes of this section, the administration of a dangerous drug- (a) by or under the direct personal supervision of, and in the presence of, a registered medical practitioner; (b) by or under the direct personal supervision of, and in the presence of, a registered dentist in the course of dental treatment; (Amended 2 of 1992 s. 3) (c) by a sister for the time being in charge of a ward, theatre or other department in a prescribed hospital or in a health centre or clinic maintained by the Crown acting on the instructions of a registered medical practitioner, to a patient of that ward, theatre, department, health centre or clinic; or (Amended 2 of 1992 s. 3) (d) which is a specified dangerous drug, by or under the direct personal supervision of, and in the presence of, a specified person in the course of medical treatment in a specified clinic, (Added 2 of 1992 s. 3)shall be deemed not to be the supplying of the dangerous drug. [cf. S.I. 1964/1811 reg. 8 U.K.] Cap 134 s 6 Manufacture of dangerous drug (1) Save under and in accordance with this Ordinance or under and in accordance with a licence granted by the Director thereunder and on the premises specified in such licence, no person shall- (a) manufacture a dangerous drug; or (b) do or offer to do an act preparatory to or for the purpose of manufacturing a dangerous drug.(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction on indictment to a fine of $5000000 and to imprisonment for life. (Amended 43 of 1974 s. 3) Cap 134 s 7 (Repealed) (Repealed 52 of 1992 s. 3) Cap 134 s 8 Possession of dangerous drug otherwise than for trafficking, and consumption of dangerous drug (1) Save under and in accordance with this Ordinance or a licence granted by the Director thereunder, no person shall- (a) have in his possession; or (b) smoke, inhale, ingest or inject,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- (a) on conviction upon indictment to a fine of $1000000 and, subject to section 54A, to imprisonment for 7 years; or (b) on summary conviction to a fine of $100000 and, subject to section 54A, to imprisonment for 3 years. (Amended 67 of 1979 s. 2; 52 of 1992 s. 4) Cap 134 s 9 Cultivation of and dealing in cannabis plant and opium poppy (1) No person shall cultivate any plant of the genus cannabis or the opium poppy, but nothing in this subsection shall prevent the Government Chemist, in his capacity as such, from cultivating a plant of the genus cannabis so far as may be necessary for the exercise of his employment. (Amended 62 of 1994 s. 3) (2) 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) supply or procure or offer to supply or procure; (b) in any way deal in or with or offer or purport to deal in or with; or (c) import into or export from Hong Kong or do an act preparatory to or for the purpose of such importing or exporting,any plant of the genus cannabis or the opium poppy, whether or not the same is in Hong Kong or is ascertained or appropriated or in existence. (3) No person shall have in his possession any plant of the genus cannabis or the opium poppy unless the same is in transit. (4) Section 14 shall apply to any plant of the genus cannabis and the opium poppy when the same is in transit as it applies to a dangerous drug which is in transit. (5) Any person who contravenes any of the provisions of this section shall be guilty of an offence and shall be liable on conviction on indictment to a fine of $100000 and to imprisonment for 15 years. Cap 134 s 10 Licence to import dangerous drug PART III ISSUE OF LICENCES AND CERTIFICATES, REQUIREMENTS IN CONNECTION WITH LAWFUL IMPORT AND EXPORT OF DANGEROUS DRUGS, AND DANGEROUS DRUGS IN TRANSIT (1) The Director may issue an import licence authorizing the person named therein to import into Hong Kong, within the period specified therein, such quantity of a dangerous drug as may be specified therein. |