You are on page 1of 5

Chapter:

137

ANTIBIOTICS ORDINANCE
Long title

Gazette Number Version Date


30/06/1997

To control the sale and supply of certain antibiotic substances.


(Amended 40 of 1969 s. 2)
[4 June 1948]
(Originally 21 of 1948 (Cap 137 1950))
Section:

Short title

30/06/1997

This Ordinance may be cited as the Antibiotics Ordinance.


(Amended 40 of 1969 s. 3)
Section:

Interpretation

L.N. 185 of 2006 30/11/2006

In this Ordinance, unless the context otherwise requires"authorized seller of poisons" () has the meaning assigned to it by the Pharmacy and Poisons
Ordinance (Cap 138);
"Director of Agriculture, Fisheries and Conservation" () includes the senior veterinary officer
and any veterinary officer; (Added 23 of 1962 s. 3. Amended L.N. 331 of 1999)
"penicillin" () has the meaning assigned to it by the regulations made under this Ordinance;
"registered dentist" () means a person registered in the General Register and a person deemed to be a
registered dentist under the Dentists Registration Ordinance (Cap 156); (Amended 62 of 1987 s. 10; 11 of 2006
s. 36)
"registered medical practitioner" () means a person registered or deemed to be registered under the Medical
Registration Ordinance (Cap 161);
"registered pharmacist" () means a person registered in the register of pharmaceutical chemists or the
register of chemists and druggists under the Pharmacy and Poisons Ordinance (Cap 138);
"registered veterinary surgeon" () means a veterinary surgeon registered under the Veterinary Surgeons
Registration Ordinance (Cap 529). (Replaced 96 of 1997 s. 36)
Section:

Substances to which this Ordinance applies

30/06/1997

The substances to which this Ordinance applies are penicillin and such other anti-microbial organic substances
produced by living organisms as may be prescribed by regulations made by the Director of Health under section 12
and, where such regulations prescribe a substance produced by living organisms, the regulations may include any
substance the chemical properties of which are identical with or similar to those of the substances so prescribed but
which is not produced by living organisms: (Amended 50 of 1955 s. 2; 84 of 1992 s. 12)
Provided that this Ordinance shall not apply to antibiotic substances contained in foods for livestock or to such
substances which have been specially manufactured for the purpose of supplementing foods for livestock. (Added 50
of 1955 s. 2)
Section:

Control of sale and supply of substances to which this


Ordinance applies

L.N. 331 of 1999 01/01/2000

(1) Subject to the provisions of this section, no person shall sell or otherwise supply any substance to which
this Ordinance applies or any preparation of which any such substance is an ingredient or part unless he is(a) a registered medical practitioner, a registered dentist or a registered veterinary surgeon or a person
acting in accordance with the directions of any such medical practitioner, dentist or veterinary surgeon,

Cap 137 - ANTIBIOTICS ORDINANCE

and the substance or preparation is sold or supplied for the purpose of treatment by or in accordance
with the directions of that medical practitioner, dentist or veterinary surgeon; or (Amended 96 of 1997
s. 37)
(b) a person who, although not a registered medical practitioner, practises medicine in a clinic in such
circumstances that, by virtue of section 8(8) of the Medical Clinics Ordinance (Cap 343), he is not by
reason solely of such practice guilty of an offence under section 28 of the Medical Registration
Ordinance (Cap 161) and the substance or preparation is sold or supplied by him solely in the course of
his practice in that clinic for the purpose of treatment by him or treatment in accordance with his
directions; or (Added 14 of 1964 s. 2)
(c) a registered pharmacist or an authorized seller of poisons, and the substance or preparation is sold or
supplied under the authority of a prescription signed and dated by such medical practitioner, dentist or
veterinary surgeon as aforesaid.
(2) No person shall administer by way of treatment any such substance or preparation unless he is such a
medical practitioner, dentist or veterinary surgeon or a person acting in accordance with the written directions of any
such medical practitioner, dentist or veterinary surgeon, or a holder of a valid permit issued by the Director of
Agriculture, Fisheries and Conservation under section 6(2), or a person acting under the direction of a holder of such
permit, or a person referred to subsection (1)(b) and such substance or preparation is administered in the course of his
practice in the clinic concerned. (Amended 50 of 1955 s. 3; 23 of 1962 s. 3; 14 of 1964 s. 2; L.N. 331 of 1999)
(3) Subsection (1) shall not apply to the sale or supply of any such substance or preparation(a) to any person who is a holder of a valid permit issued under this Ordinance to deal in such substance or
preparation; (Replaced 50 of 1955 s. 3)
(b) to any person who is a holder of a valid permit issued by the Director of Agriculture, Fisheries and
Conservation under section 6(2), if any substance or preparation so sold or supplied is clearly labelled
"for veterinary purposes only" and ""; (Added 23 of 1962 s. 3. Amended 80 of
1997 s. 115; L.N. 331 of 1999)
(c) to any such medical practitioner, dentist or veterinary surgeon as aforesaid;
(d) to any authority or person carrying on a hospital, clinic, nursing home or other institution providing
medical, surgical or veterinary treatment:
Provided that this paragraph shall not apply to any hospital, clinic, nursing home or other
institution which is required to be registered under the Medical Clinics Ordinance (Cap 343) unless it is
so registered; (Replaced 14 of 1964 s. 2)
(e) to any person carrying on an institution or business which has among its recognized activities the
conduct of scientific education or research, for use by persons engaged in that education or research; or
(f) to any public department.
(4) The person dispensing a prescription shall comply with the following requirements(a) if the prescription contains a direction that it may be dispensed a stated number of times or, at stated
intervals, it must not be dispensed otherwise than in accordance with the direction;
(b) at the time of dispensing there must be noted on the prescription the signature of the prescriber, the
name and address of the seller and the date on which the prescription was dispensed;
(c) except in the case of a prescription which may be dispensed on more than one occasion, the
prescription must for a period of 2 years be retained and kept on the premises on which it was
dispensed, in such manner as to be readily available for reference.
Section:

Prohibition of possession of substances to which this


Ordinance applies

L.N. 331 of 1999 01/01/2000

(1) Subject to the provisions of subsection (2), no person shall have in his possession or under his control any
substance to which this Ordinance applies or any preparation of which any such substance is an ingredient or part.
(2) Subsection (1) of this section shall not apply to the following(a) a registered medical practitioner;
(b) a person referred to in section 4(1)(b); (Added 14 of 1964 s. 3)
(c) a registered dentist;
(d) a registered veterinary surgeon; (Amended 96 of 1997 s. 38)
(e) a registered pharmacist;
(f) an authorized seller of poisons;
Cap 137 - ANTIBIOTICS ORDINANCE

(g) a department of Government;


(h) any person acting under the direction of a registered medical practitioner, registered dentist or
registered veterinary surgeon; (Amended 45 of 1984 s. 2; 96 of 1997 s. 38)
(i) a person who is the holder of a valid permit issued under this Ordinance to deal in such substance or
preparation; (Amended 23 of 1962 s. 4; 45 of 1984 s. 2)
(j) a person who is the holder of a valid permit issued by the Director of Agriculture, Fisheries and
Conservation under subsection (2) of section 6; or (Added 23 of 1962 s. 4; 45 of 1984 s. 2. Amended
L.N. 331 of 1999)
(k) a person in bona fide possession of a substance supplied to him in conformity with section 4. (Added
45 of 1984 s. 2)
(Added 50 of 1955 s. 4)
Section:

Permits to deal in and to possess substances to which this


Ordinance applies

L.N. 331 of 1999 01/01/2000

(1) The Director of Health or any person authorized by him in that behalf may in his absolute discretion issue
to any person a permit in writing to deal in any substance to which this Ordinance applies or any preparation of which
any such substance is an ingredient or part. (Amended L.N. 76 of 1989)
(2) The Director of Agriculture, Fisheries and Conservation may in his absolute discretion issue to any person a
permit in writing to possess for the purposes of veterinary treatment any substance to which this Ordinance applies or
any preparation of which any such substance is an ingredient or part. (Added 23 of 1962 s. 5. Amended L.N. 331 of
1999)
(3) Every permit in writing issued under the provisions of this section shall be given a serial number and any
such permit may contain such conditions as the issuing authority may think necessary or expedient to impose and any
such permit may be revoked by the issuing authority at any time.
(Added 50 of 1955 s. 4. Amended 23 of 1962 s. 8)
Section:

Maintenance of records

L.N. 331 of 1999 01/01/2000

(1) Every person, other than the holder of a valid permit issued by the Director of Agriculture, Fisheries and
Conservation under section 6(2), who is permitted by section 5(2) to have in his possession or under his control any
substance to which this Ordinance applies or any preparation of which any such substance is an ingredient or part shall
maintain written records, as prescribed in subsections (2) and (3), of transactions entered into by him in respect of
such substance or preparation: (Amended 23 of 1962 s. 6; L.N. 331 of 1999)
Provided that such records need not be maintained by a person to whom such substance has lawfully been
supplied for the purpose of treatment. (Added 40 of 1969 s. 4)
(2) The records to be maintained under this section by registered pharmacists, authorized sellers of poisons and
holders of permits issued under section 6(1) shall include- (Amended 23 of 1962 s. 6)
(a) name and address of person from whom received or to whom supplied, and if received from or
supplied to the holder of a permit issued under this Ordinance the serial number of such permit;
(b) quantity received or supplied;
(c) date received or supplied:
Provided that such records need not be maintained by an authorized seller of poisons in respect of such
substances supplied on a prescription if(i) the prescription is retained by the authorized seller of poisons for a period of 2 years; or
(ii) in the case of a prescription which may be dispensed on more than one occasion, a copy of that
prescription is made in a book maintained for that purpose, which book is retained by him for a period
of 2 years. (Added 40 of 1969 s. 4)
(3) The records to be maintained under this section by persons other than registered pharmacists, authorized
sellers of poisons and holders of permits issued under this Ordinance shall include(a) name and address of person from whom received and if received from the holder of a permit issued
under this Ordinance the serial number of such permit;
(b) quantity received;
(c) date received.
(4) Entries made in records to be maintained under this section shall be supported in every case by invoice,

Cap 137 - ANTIBIOTICS ORDINANCE

order note or other voucher.


(5) All records to be maintained under this section and documents which support entries in such records shall
be open to inspection by an inspector appointed under section 9.
(6) Any person who contravenes the provisions of this section shall be guilty of an offence and shall be liable
on summary conviction to a fine of $5000.
(Added 50 of 1955 s. 4. Amended 84 of 1992 s. 13)
Section:

Notification that no scheduled antibiotics may be sold

30/06/1997

Any person who sells by retail pharmaceutical products on premises at which no registered pharmacist is
employed shall cause to be displayed in such premises in a prominent place so as to be clearly visible to the public, a
notice in the English and Chinese languages to the effect that the antibiotics specified in the Schedule to the
Antibiotics Regulations (Cap 137 sub. leg. A) may not be sold on such premises.
(Added 40 of 1969 s. 5)
Section:

Inspections and enforcement of Ordinance

30/06/1997

(1) The Director of Health may in writing authorize any public officer to be an inspector for the purposes of
this Ordinance. (Amended L.N. 76 of 1989)
(2) Any inspector authorized under this section shall, for the purpose of enforcing the provisions of this
Ordinance and any regulations made thereunder have power(a) at all reasonable times to enter the premises of any registered pharmacist, any authorized seller of
poisons and any person who is the holder of a permit under this Ordinance;
(b) at any time to enter any premises in which he has reason to suspect that an offence against this
Ordinance has been committed;
(c) to make such examination and inquiry and to do such other things, including the taking on repayment
therefor of samples, as may be necessary for the purposes of inspection;
(d) to seize and detain any substance to which this Ordinance applies or any preparation of which any such
substance is an ingredient or part which he has reasonable cause to suspect is liable to forfeiture under
this Ordinance; and (Amended 23 of 1962 s. 7)
(e) to seize and detain any document, record or article which appears to him to constitute or contain
evidence of the commission of an offence under this Ordinance. (Added 23 of 1962 s. 7)
(3) If any person wilfully resists or obstructs an inspector in the exercise of his powers under this section, or
refuses to allow any sample to be taken in accordance with the provisions of this section, or fails without reasonable
excuse to give any information which is duly required under this section to give, he shall be guilty of an offence and
shall be liable on summary conviction to a fine of $5000.
(Added 50 of 1955 s. 4. Amended 84 of 1992 s. 14)
Section:

10

Offences and penalties

30/06/1997

(1) Any person who contravenes section 4 or 5 commits an offence and is liable to a fine of $30000 and to
imprisonment for 12 months. (Replaced 69 of 1986 s. 2. Amended 84 of 1992 s. 15)
(2) Where an offence under this Ordinance has been committed by a body corporate, every person who at the
time of the commission of the offence was a director, general manager, secretary or other similar officer of the body
corporate, or was purporting to act in any such capacity, shall be deemed to be guilty of that offence unless he proves
that the offence was committed without his consent or connivance and that he exercised all such diligence to prevent
the commission of the offence as he ought to have exercised having regard to the nature of his functions in that
capacity and to all the circumstances.
(3) Notwithstanding any provision in any Ordinance prescribing the period within which summary proceedings
may be commenced, proceedings for an offence under this Ordinance may be commenced at any time within the
period of 12 months next after the date of the commission of the offence:
Provided that this subsection shall not apply to an offence under section 9. (Added 69 of 1986 s. 2)

Cap 137 - ANTIBIOTICS ORDINANCE

Section:

11

Forfeiture

60 of 2000

01/07/1997

Remarks:
Adaptation amendments retroactively made - see 60 of 2000 s. 3

(1) A magistrate, on application made on behalf of the Government, shall order that any substance to which this
Ordinance applies or any preparation of which any such substance is an ingredient or part, with respect to which any
offence under this Ordinance has been committed, shall be forfeited to the Government whether any person has been
convicted of such offence or not.
(2) Upon the making of an order of forfeiture under this section, the substance or preparation to which such
order relates shall be deemed to be the property of the Government free from the rights of any person.
(Added 50 of 1955 s. 6. Amended 60 of 2000 s. 3)
Section:

12

Regulations

30/06/1997

The Director of Health may by regulation prescribe the substances and definitions thereof to which this
Ordinance applies and generally for carrying the provisions of this Ordinance into effect.
(Amended 84 of 1992 s. 16)
________________________________________________________________________________
Note:
See also s. 20 of 84 of 1992 which reads as follows20. Saving of existing regulations
Any regulation(a) made under any provision, in the Hospitals, Nursing Homes and Maternity Homes
Registration Ordinance (Cap 165), Medical Clinics Ordinance (Cap 343) or Antibiotics
Ordinance (Cap 137), which is repealed or amended by this Ordinance; and
(b) in force at the commencement of this Ordinance,
shall continue in force and have effect as if made under the relevant Ordinance by the authority who,
having regard to the subject-matter of such regulation, is empowered on or after the commencement of
this Ordinance to make such regulation and may be repealed or amended by such authority.

Cap 137 - ANTIBIOTICS ORDINANCE