【法规名称】
【法规编号】 44130 什么是编号？
【正 文】
第6页 CAP 134 DANGEROUS DRUGS ORDINANCE
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[接上页] (a) the country specified in the export authorization or diversion certificate accompanying the dangerous drug when it was imported into Hong Kong; or (b) the country to which the dangerous drug was originally to be exported.(5) Any person who contravenes subsection (2), (3) or (4) shall be guilty of an offence and shall be liable- (a) on conviction on indictment, to a fine of $100000 and to imprisonment for 10 years; and (b) on summary conviction, to a fine of $10000 and to imprisonment for 3 years.(6) Subsection (1) or (3)(b) shall not apply to- (a) a dangerous drug which is in transit by post; or (b) a dangerous drug forming part of the medical stores of a ship or aircraft, if the quantity thereof does not exceed the quantity reasonably required for the purpose of such stores.(7) Subsection (2) shall not apply to a dangerous drug which is in transit by post. Cap 134 s 15 Licence to remove dangerous drug in transit (1) Subject to subsection (2), the Director may issue a removal licence authorizing the person named therein to remove the dangerous drug in transit specified therein in such manner and at such time as may be specified therein. (2) Except where a dangerous drug which is in transit was exported from a country which is not a party to the Conventions, a removal licence shall not be issued in respect of a dangerous drug unless a valid export authorization or diversion certificate relating to that drug is produced to the Director. Cap 134 s 16 Licence to divert dangerous drug in transit (1)Subject to subsection (2), the Director may issue a diversion licence authorizing the person named therein to divert the dangerous drug in transit specified therein to such country as may be specified therein. (2) The Director shall not issue a diversion licence under subsection (1) except- (a) on production to him of a valid import certificate issued by a competent authority in the country to which the dangerous drug in transit is to be diverted; or (b) if that country is not a party to the Conventions, on production to him of evidence which satisfies him that the dangerous drug in transit is to be consigned to the country to which it is to be diverted in a lawful manner and for a lawful purpose.(3) On the issue of a diversion licence under subsection (1), the export authorization or diversion certificate (if any) accompanying the dangerous drug when it was imported into Hong Kong shall be detained by the Director and returned to the authority by which it was issued, together with a notice of the name of the country to which the dangerous drug has been diverted. (4) When a diversion licence is issued to any person under subsection (1), the Director shall also issue to that person a copy of the licence. Cap 134 s 17 Requirement to be complied with where diversion licence issued (1) The person to whom a diversion licence is issued under section 16(1) shall send the copy of the licence issued to him pursuant to section 16(4) with the dangerous drug to which the licence relates when the same is exported from Hong Kong. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of $5000 and to imprisonment for 6 months. Cap 134 s 18 General power of Director to issue licences In addition to the licences and certificates which the Director is empowered to issue under any other provision in this Part, the Director may issue any licence required for the purposes of this Ordinance. Cap 134 s 19 Issue of licence, etc. to be in discretion of Director and power to impose conditions (1) Save as otherwise provided, the issue of a licence or certificate under this Ordinance shall be in the discretion of the Director. (2) On the issue of a licence or certificate under this Ordinance, the Director may impose such conditions as he thinks fit. (3) Any person who contravenes a condition to which a licence or certificate issued by the Director under this Ordinance is subject shall be guilty of an offence and shall be liable on conviction to a fine of $50000 and to imprisonment for 3 years. Cap 134 s 20 Cancellation of licences, etc. Remarks: Amendments retroactively made - see 13 of 1999 s. 3 (1) The Director may at any time cancel a licence or certificate issued under this Ordinance. (2) Any person aggrieved by the cancellation under subsection (1) of a licence or certificate may, within 14 days after the delivery to him of notice of the cancellation, appeal by way of petition to the Chief Executive. (3) On an appeal under subsection (2), 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. (Amended 13 of 1999 s. 3) Cap 134 s 21 Form of licence and certificate A licence or certificate under this Ordinance shall be in such form as the Director may determine. Cap 134 s 22 Statutory authority for certain persons to possess, supply or manufacture dangerous drugs |
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