LC Paper No. LS 96/98-99
Paper for the House Committee Meeting
of the Legislative Council
on 15 January 1999
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 Legislative Council meeting on 27 January 1999. The motion seeks the Legislative Council to approve the Pharmacy and Poisons (Amendment) (No. 2) Regulation 1998 and the Poisons List (Amendment) (No. 2) Regulation 1998, both made by the Pharmacy and Poisons Board pursuant to section 29 of the Pharmacy and Poisons Ordinance (Cap. 138).
2. According to the draft speech of the Secretary for Health and Welfare separately circulated to Members, the Amendment Regulations seek to amend the Poisons List in the Poisons List Regulations and the First and Third Schedules to the Pharmacy and Poisons Regulations, in order to impose control on new medicines and upgrade the control on some existing medicines.
3. Four new medicines, including an anti-impotence drug, Sildenafil, (commonly known as Viagra) are now added to Part I of the Poisons List and the First and Third Schedules to the Regulations.
4. Part I of the Schedule to the Poisons List Regulations (Cap. 138 sub. leg.) is a list of substances that can be sold on registered premises to be under the personal control of a registered pharmacist.
5. 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.
6. By adding these four new medicines into the two Regulations, these medicines are now to be sold in dispensaries or pharmacies under the supervision of registered pharmacists and in their presence and with the support of prescriptions.
7. The Administration also proposes to amend Part II of the Schedule to the Poisons List in the Poisons List Regulations. It is a list of substances that can be sold by authorized sellers of poisons on registered premises or by listed sellers of poisons. At present, pharmaceutical products containing up to 0.1% of some specifed substances are under lesser control. Members of the public may purchase them from any listed sellers of poisons. The Administration now proposes to upgrade the control on seven substances by providing that these seven substances are to be under exceptions to Part II of the Schedule to the Poisons List so that these pharmaceutical products have to be sold in dispensaries or pharmacies under the supervision of registered pharmacists and in their presence.
8. Both Amendment Regulations will come into operation on a day to be appointed by the Pharmacy and Poisons Board by notice in the Gazette.
9. The motion and the two Amendment Regulations are in order from the legal point of view.
Ho Ying-chu, Anita
Assistant Legal Adviser
Legislative Council Secretariat
13 January 1999