PLC Paper No. LS 102

Paper for the House Committee Meeting
of the Provisional Legislative Council
on 13 February 1998

Legal Service Division Report on
Resolution under section 29 of the Pharmacy and
Poisons Ordinance (Cap. 138)

The Secretary for Health and Welfare has given notice to move the above resolution in the Provisional Legislative Council meeting on 25 February 1998. The motion seeks the Provisional Legislative Council to approve the Pharmacy and Poisons (Amendment) Regulation 1998 and the Poisons List (Amendment) Regulation 1998, both made by the Pharmacy and Poisons Board pursuant to section 29 of the Pharmacy and Poisons Ordinance (Cap. 138).

Pharmacy and Poisons (Amendment) Regulation 1998

2.Part A of the First Schedule to the Pharmacy and Poisons Regulations (Cap. 138 sub. leg.) is a list of substances within the Poisons List to which special restrictions as to making entries in the poisons book, record keeping, storage and labelling apply. Part A of the Third Schedule of the said Regulations is a list of substances required to be sold by retail only upon a prescription by a registered medical practitioner, registered dentist or registered veterinary surgeon.

3.The objects of the Pharmacy and Poisons (Amendment) Regulation 1998 are to make various changes to the two lists.

Poisons List (Amendment) Regulation 1998

4.Part I of the Schedule to the Poisons List Regulations (Cap. 138 sub. leg.) is a list of substances (common known as Part I poisons), the retail sale and possession of which are controlled by the Pharmacy and Poisons Ordinance (Cap. 138). The premises in which these poisons are sold are required to be registered and to be under the personal control of a registered pharmacist.

5.The objects of the Poisons List (Amendment) Regulation are to make various changes to the list of Part I poisons. Reasons for Amendment

6.According to the draft speech of the Secretary for Health and Welfare separately circulated to Members, the changes contained in the two Amendment Regulations are to add newly registered medicines and to revise the classification of certain medicines to facilitate up-to-date controls. Both Amendment Regulations will come into operation on a day to be appointed by the Pharmacy and Poisons Board by notice in the gazette.

7.The motion and the two Amendment Regulations are in order from the legal point of view.

Prepared by

LEE Yu-sung
Senior Assistant Legal Adviser

Provisional Legislative Council Secretariat
10 February 1998