Hong Kong Ordinances

CHINESE MEDICINE ORDINANCE - SECT 2

Interpretation

Caution: This is a past version. See the current version here.

(1) In this Ordinance, unless the context otherwise requires- (Amended 10 of
2005 s. 121) "active ingredient" (有效成分) in relation to a
proprietary Chinese medicine, means a substance or compound that is used or is
intended to be used in the manufacture of the proprietary Chinese medicine and
that contributes to the pharmacological effect or effects of the
proprietary Chinese  medicine; "board" (組) means the Practitioners Board or
the Medicines Board established under section 12; "certificate of
registration" (註冊證明書)-

   (a)  in relation to a registered Chinese medicine practitioner registered
        under section 69, means a certificate issued under section 72;

   (b)  in relation to a proprietary Chinese medicine, means a certificate
        issued under section 121; "Chairman" (管委會主席) means the
        Chairman of the Council and includes any person elected to act as
        temporary Chairman at any meeting of the Council in accordance with
        the standing orders made under section 49; "Chinese herbal medicine"
        (中藥材) means any of the substances specified in Schedule 1 or 2;
        "Chinese Medicines Committee" (中藥管理小組) means the committee
        established under section 25(1)(b)(i); "Chinese Medicines Traders
        Committee" (中藥業管理小組) means the committee established
        under section 25(1)(b)(ii); "committee" (小組) means a committee
        established under section 25 or 39; "Council" (管委會) means the
        Chinese Medicine Council of Hong Kong established under section 3;
        "Director" (署長) means the Director of Health or a Deputy Director
        of Health; "Disciplinary Committee of Chinese Medicine Practitioners"
        (紀律小組) means the committee established under
        section 25(1)(a)(iii); "dispense" (配發) means the preparation and
        supply of Chinese herbal  medicines on or in accordance with a
        prescription given by a registered  Chinese medicine practitioner, a
        listed Chinese medicine practitioner or a person who continues to
        practise Chinese medicine by virtue of section  90 (7), and
        "dispensing" (配發) and "dispenser" (配劑員) shall be construed
        accordingly; "domestic premises" (住用處所) means any premises
        which are constructed or intended to be used for habitation; "due
        inquiry" (適當的研訊) means an inquiry by the Practitioners Board
        conducted substantially in accordance with the prescribed procedure;
        "Examination Committee" (考試小組) means the committee established
        under section 25(1)(a)(ii); "functions" (職能) includes duties and
        powers; "label" (標籤) includes any statement forming part of or
        affixed to the container or package of Chinese herbal medicines or
        proprietary Chinese  medicines; "Licensing Examination"
        (執業資格試) means the Chinese Medicine Practitioners
        Licensing Examination set and conducted by the Practitioners Board
        under section 59; "limited registration" (有限制註冊) means
        registration under section 85; "listed Chinese medicine practitioner"
        (表列中醫) means a Chinese medicine practitioner whose name is
        entered on the list maintained by the Practitioners Board under
        section 90; "manufacture" (製造) in relation to a
        proprietary Chinese medicine, means the preparation, production,
        packing or re-packing of the proprietary  Chinese medicine for sale or
        distribution, and "manufacturer" (製造商) shall be construed
        accordingly; "manufacturer licence" (製造商牌照) means a licence
        issued under section 132; "Medicines Board" (中藥組) means the
        Chinese Medicines Board established under section 12(b); "package"
        (包裝)-

   (a)  means any box, packet or other article in which any proprietary 
        Chinese medicine is enclosed; and

   (b)  in the case where such box, packet or other article is enclosed in one
        or more other boxes, packets or other articles, includes each of the
        boxes, packets or articles in question; "package insert" (說明書)
        means any leaflet, notification or other written material supplied
        with the package of a proprietary Chinese medicine to provide
        information in respect of the proprietary Chinese medicine, but does
        not include a label; "practising certificate" (執業證明書) means
        a certificate issued under section  76 ; "practising Chinese medicine"
        (作中醫執業、以中醫方式行醫) means any of the following
        act or activities-

   (a)  the diagnosis, treatment, prevention or alleviation of any disease or
        any symptom of a disease;

   (b)  the prescription of Chinese herbal medicines or proprietary 
        Chinese medicines;

   (c)  the regulation of the functional states of the human body,
on the basis of traditional Chinese medicine in general practice, acupuncture
or bone-setting, and "Chinese medicine practice" or "practice of Chinese
medicine" (中醫執業) shall be construed accordingly; "Practitioners Board"
(中醫組) means the Chinese Medicine Practitioners Board established under
section 12(a); "prescribed" (訂明) means prescribed by regulations made
under section 161; "process" or "processing" (炮製) means any type of
treatment or preparation applied to a Chinese herbal medicine or mixture of
Chinese herbal  medicines based on traditional Chinese medicine before it is
being-

   (a)  offered for sale;

   (b)  supplied to a patient; or

   (c)  used for the manufacture of a proprietary Chinese medicine;
        "proprietary Chinese medicine" (中成藥) means any proprietary
        product-

   (a)  composed solely of the following as active ingredients-

        (i)    any Chinese herbal medicines; or

        (ii)   any materials of herbal, animal or mineral origin customarily
               used by the Chinese; or

        (iii)  any medicines and materials referred to in subparagraphs (i)
               and (ii) respectively;

   (b)  formulated in a finished dose form; and

   (c)  known or claimed to be used for the diagnosis, treatment, prevention
        or alleviation of any disease or any symptom of a disease in human
        beings, or for the regulation of the functional states of the human
        body; "Register" (註冊名冊) means the Register of Chinese Medicine
        Practitioners kept in accordance with section 52; "registered Chinese
        medicine practitioner" (註冊中醫)-

   (a)  means a person whose name appears on the Register and who is
        registered under section 69 or 85;

   (b)  excludes a person whose name is entered on the list maintained by the
        Practitioners Board under section 90; "registered particulars"
        (註冊詳情) means the particulars of a proprietary 
        Chinese medicine required under section 121(1)(b); "Registrar"
        (註冊主任) means the Registrar of Chinese Medicine Practitioners
        appointed under section 51; "registration assessment" (註冊審核)
        means the assessment conducted by the Practitioners Board under
        section 94; "Registration Committee" (註冊事務小組) means the
        committee established under section 25(1)(a)(i); "Regulatory Committee
        of Chinese Medicines Traders" (中藥業監管小組) means the
        committee established under section 25(1)(b)(iii); "retail" or
        "retailing" (零售) means the selling of any Chinese herbal 
        medicines to a person who obtains the same other than for the purpose
        of wholesale, and "retailer" (零售商) shall be construed
        accordingly; "retailer licence" (零售商牌照) means a licence
        issued under section 114; "Secretary" (局長) means the Secretary for
        Health, Welfare and Food; (Amended L.N. 106 of 2002) "sell"
        (銷售、出售) includes-

   (a)  offer or expose for sale;

   (b)  supply without payment; and

   (c)  offer or expose for supply without payment,
and "sale" (銷售) and "seller" (銷售商) shall be construed accordingly;
"trade of Chinese medicines" (中藥業) means the carrying out of business in
the dispensing, retailing, wholesale dealing, manufacturing, importing, or
processing of any Chinese herbal medicine or proprietary Chinese medicine, as
the case may be, and "Chinese medicines trader" (中藥業者) shall be
construed accordingly; "wholesale" (批發) or "wholesale dealing"
(批發交易) means-

   (a)  the importing and selling; or

   (b)  the obtaining and selling,
of any Chinese herbal medicine or proprietary Chinese medicine to-

        (i)    a manufacturer; or

        (ii)   a person who obtains such medicine for the purpose of- (A)
               selling again; or (B) supplying or causing to supply, such
               medicine to a third party in the course of business or activity
               carried out by that person,
and "wholesaler" and "wholesale dealer" (批發商) shall be construed
accordingly; "wholesaler licence in Chinese herbal medicines"
(中藥材批發商牌照) means a licence issued under section 115;
"wholesaler licence in proprietary Chinese medicines"
(中成藥批發商牌照) means a licence issued under section 135.

(2) For the purposes of sections 98(5)(b) and 104(4) and (5), an appeal to the
Court of Appeal shall be deemed to be finally determined when the earliest of
the following events occurs, whichever is applicable in the circumstances-

   (a)  when the appeal to the Court of Appeal is withdrawn or abandoned;

   (b)  when the specified period expires without an application for 
        leave to appeal having been made to the Court of Appeal;

   (c)  if, before the expiry of the specified period, an application 
        for leave to appeal is made to the Court of Appeal-

        (i)    when the application is withdrawn or abandoned;

        (ii)   if the application is refused, when the specified period
               expires without an application for leave to appeal having been
               made to the Court of Final Appeal; or

        (iii)  if the application is granted, when the appeal to the Court of
               Final Appeal is withdrawn, abandoned or disposed of; or

   (d)  if, before the expiry of the specified period, an application 
        for leave to appeal is made to the Court of Final Appeal-

        (i)    when the application is withdrawn, abandoned or refused; or

        (ii)   if the application is granted, when the appeal to the Court of
               Final Appeal is withdrawn, abandoned or disposed of. (Added 10
               of 2005 s. 121)

(3) In subsection (2)- "application for leave to appeal" (上訴許可申請)
means an application made to the Court of Appeal or the Court of Final Appeal
under section 24 of the Hong Kong Court of Final Appeal Ordinance ( Cap 484)
for leave to appeal to the Court of Final Appeal from a judgment of the Court
of Appeal; "specified period" (指明限期)-

   (a)  in the case of an application for leave to appeal made to the Court of
        Appeal, means-

        (i)    subject to subparagraph (ii), the period of 28 days within
               which the notice of motion referred to in section 24(2) of the
               Hong Kong  Court of Final Appeal Ordinance ( Cap 484) is
               required to be filed; or

        (ii)   if, on an application made within the 28-day period referred to
               in subparagraph (i), the Court of Appeal extends that period,
               the period as so extended; or

   (b)  in the case of an application for leave to appeal made to the Court of
        Final Appeal, means-

        (i)    subject to subparagraph (ii), the period of 28 days within
               which the notice of motion referred to in section 24(4) of the
               Hong Kong  Court of Final Appeal Ordinance ( Cap 484) is
               required to be filed; or

        (ii)   if, on an application made within the 28-day period referred to
               in subparagraph (i), the Court of Final Appeal extends that
               period, the period as so extended. (Added 10 of 2005 s. 121)
               "active ingredient" (有效成分) "board" (組) "certificate
               of registration" (註冊證明書) "Chairman" (管委會主席)
               "Chinese herbal medicine" (中藥材) "Chinese Medicines
               Committee" (中藥管理小組) "Chinese Medicines Traders
               Committee" (中藥業管理小組) "committee" (小組)
               "Council" (管委會) "Director" (署長) "Disciplinary
               Committee of Chinese Medicine Practitioners" (紀律小組)
               "dispense" (配發) "dispensing" (配發) and "dispenser"
               (配劑員) "domestic premises" (住用處所) "due inquiry"
               (適當的研訊) "Examination Committee" (考試小組)
               "functions" (職能) "label" (標籤) "Licensing Examination"
               (執業資格試) "limited registration" (有限制註冊)
               "listed Chinese medicine practitioner" (表列中醫)
               "manufacture" (製造) "manufacturer" (製造商) "manufacturer
               licence" (製造商牌照) "Medicines Board" (中藥組)
               "package" (包裝) "package insert" (說明書) "practising
               certificate" (執業證明書) "practising Chinese medicine"
               (作中醫執業、以中醫方式行醫) "Chinese medicine
               practice" or "practice of Chinese medicine" (中醫執業)
               "Practitioners Board" (中醫組) "prescribed" (訂明)
               "process" or "processing" (炮製) "proprietary Chinese
               medicine" (中成藥) "Register" (註冊名冊) "registered
               Chinese medicine practitioner" (註冊中醫) "registered
               particulars" (註冊詳情) "Registrar" (註冊主任)
               "registration assessment" (註冊審核) "Registration
               Committee" (註冊事務小組) "Regulatory Committee of
               Chinese Medicines Traders" (中藥業監管小組) "retail" or
               "retailing" (零售) "retailer" (零售商) "retailer licence"
               (零售商牌照) "Secretary" (局長) "sell" (銷售、出售)
               "sale" (銷售) and "seller" (銷售商) "trade of Chinese
               medicines" (中藥業) "Chinese medicines trader"
               (中藥業者) "wholesale" (批發) or "wholesale dealing"
               (批發交易) "wholesaler" and "wholesale dealer" (批發商)
               "wholesaler licence in Chinese herbal medicines"
               (中藥材批發商牌照) "wholesaler licence in proprietary
               Chinese medicines" (中成藥批發商牌照) "application for
               leave to appeal" (上訴許可申請) "specified period"
               (指明限期)