Drugs (Prevention of Misuse) Bill

“dentist” means any person registered as a dentist in the first division of the Register of Dentists published under section 13 of the Registration of Dentists Ordinance (Cap. 197);

“medical practitioner” means any person registered as a medical practitioner under the Medical Registration Ordinance (Cap. 191);

“pharmacist” means any person registered as a pharmacist under the Registration of Pharmacists Ordinance (Cap. 198);

“scheduled substance” means any substance for the time being specified in the Schedule to this Act;

“veterinary surgeon” means any person who holds the diploma of membership of the Royal College of Veterinary Surgeons of England, or the diploma of a British or foreign veterinary institution or examining body approved by the Minister.

Subject to any exemption which may be made by the Minister under section 10 of this Act and to the provisions of this section, any person who has in his possession a scheduled substance shall, unless —

Subsection (1) of this section shall not be taken to prohibit the possession of a scheduled substance by a person of any of the following kinds, namely —

A person shall be deemed to be in possession of a scheduled substance if such substance is in his custody or under his control.

Whenever it appears to any Magistrate or Justice of the Peace upon information and after such inquiry as he thinks necessary that there is reasonable cause to believe that a scheduled substance is, in contravention of section 3 of this Act, in possession of a person in any premises, such Magistrate or Justice of the Peace may grant a search warrant authorizing any police officer named therein, at any time or times within one month from the date of the warrant, to enter, if need be by force, and search such premises and any persons found therein and to seize and detain any such substance which may be found in the premises.

Whenever it appears to any police officer, not below the rank of Inspector, that there is reasonable cause to believe that a scheduled substance is, in contravention of section 3 of this Act, in possession of a person in any premises, and such officer has good grounds for believing that by reason of the delay in obtaining a search warrant the object of the search is likely to be frustrated, he may enter and search such premises and any persons found therein as if he were authorized to do so by a warrant issued under subsection (1) of this section.

A police officer or officer of customs may seize in any place any scheduled substance in respect of which he has reason to believe an offence under this Act has been committed, and together with such substance any receptacle, package, document or other article which may have been used in connection with such offence.

Where any scheduled substance is seized under subsection (1) of this section but the person who committed the offence in connection therewith is not known or cannot be found, such substance together with such other articles which have been seized shall be deemed to be forfeited at the expiration of one month from the date of seizure unless a claim in writing thereto is made before that date by any person asserting to be the owner.

The court before which a person is charged with an offence under section 3 of this Act with respect to any scheduled substance may, whether such person is convicted or not, order such substance which has been found in his possession to be forfeited.

Any scheduled substance which is forfeited or deemed to be forfeited under this section shall be disposed of in such manner as the Minister may generally or specially direct.

No person shall, except in accordance with the terms of a licence granted by the Minister, import any scheduled substance.

A licence granted under this section may be, to any degree, general or specific, and may be modified or revoked by the Minister at any time.

Any person who imports any scheduled substance without a licence or who fails to comply with the terms of a licence granted under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding six months or to both.

A scheduled substance imported by a person in accordance with the terms of a licence granted under this section shall be deemed not to be in his possession in contravention of section 3 of this Act.

The Minister may, by order, exempt any person or class of persons from any or all of the provisions of this Act.

Every such exemption shall be subject to such conditions as the Minister may think fit to impose.

The Minister may make such regulations as he considers necessary or expedient in giving effect to the provisions of this Act.

All such regulations shall be presented to Parliament as soon as may be after publication.