Hong Kong Regulations

PHARMACY AND POISONS REGULATIONS - REGULATION 5

Extension of section 22 to sales wholesale etc. and relaxation of the section

(1) Section 22 shall apply to sales exempted by section 32, except sales of
poisons to be exported to purchasers outside Hong Kong, and shall also apply
to the supply in the form of a commercial sample, otherwise than on sale, of
any substance included in the First Schedule in like manner as if references
in section 22 to the sale and seller of poisons respectively included
references to the supply and the supplier of poisons in the form of commercial
samples: Provided that section 22 shall not apply to the sale or supply of any
article by the manufacturer thereof or by a person carrying on a business in
the course of which poisons are regularly sold by way of wholesale dealing,
if-

   (a)  the article is sold or supplied to a person carrying on a business in
        the course of which poisons are regularly sold or are regularly used
        in the manufacture of other articles; and

   (b)  the seller or supplier is reasonably satisfied that the purchaser
        requires the article for the purpose of that business.

(2) Section 22(1) shall, in its application to sales exempted by section 32
and to the supply in the form of commercial samples of substances included in
the First Schedule, be deemed to be satisfied if the person to whom the poison
or sample is sold or supplied is known by the person in charge of the
department of the business through which the sale or supply is effected to be
a person to whom the poison or sample may properly be sold or supplied.

(3) Subject to paragraph (4), so much of section 22(3)(b) as requires an entry
in the poisons book to be signed by the purchaser of a poison shall not, as
respects the sale of a poison to a person for the purpose of his trade,
business or profession, apply if the following requirements are satisfied-

   (a)  the seller shall obtain before the completion of the sale an order in
        writing signed by the purchaser stating his name and address, trade,
        business or profession, the name and quantity of the article to be
        purchased, and the purpose for which it is required;

   (b)  the seller shall be reasonably satisfied that the signature is that of
        the person purporting to have signed the order, and that that person
        carries on the trade, business or profession stated in the order,
        being one in which the poison to be purchased is used; and

   (c)  if the article sold is sent by post, it shall be sent by registered
        post.

(4) Where a person represents that he urgently requires a poison for the
purpose of his trade, business or profession, the seller may, if he is
reasonably satisfied that the person so requires the poison and is, by reason
of some emergency, unable before delivery either to furnish to the seller an
order in writing duly signed or to attend and sign the entry in the book,
deliver the poison to the purchaser on an undertaking by the purchaser to
furnish such an order within 48 hours next following.

(5) Any purchaser by whom an undertaking under paragraph (4) has been given
who fails to deliver to the seller a signed order in accordance with the
undertaking, or any person who for the purpose of obtaining delivery of any
poison makes a statement which is to his knowledge false in any material
particular shall be guilty of an offence and shall be liable on conviction to
a fine of $10000 and to imprisonment for 12 months.

(6) In the case of a sale or the supplying of a poison included in the First
Schedule to an institution such of the provisions of this regulation as
require the purchaser to state his trade, business or profession and the
seller to be satisfied with respect thereto shall not apply and for the
reference in paragraph (4) to the purposes of the purchaser's trade, business
or profession there shall be substituted in the case of any such sale a
reference to the name of the institution and the full name and rank or
position held at the institution of the person making the order.