3. Other relevant prohibitions/offences

3. Other relevant prohibitions/offences 

It is an offence to traffic, or offer to traffic, or do or offer to do an act preparatory to or for the purposes of trafficking, in any substance represented or held out by him to be a dangerous drug when it is not in fact a dangerous drug.  The maximum sentence is a fine of $500,000 and imprisonment of 7 years if tried on an indictment, or a fine of $100,000 and imprisonment of 1 year if on summary conviction.  

It is also an offence to supply or procure, or offer to supply or procure, a dangerous drug to or for any person in Hong Kong under section 5 of the Dangerous Drugs Ordinance.  The following situations are the statutory exceptions: 

1. The person receiving or procuring from is authorised or licensed by the Ordinance to be in possession of that dangerous drug; 
2. The supply or procurement was in accordance with the Ordinance; and 
3. If the person is licensed under the Ordinance to possess the dangerous drug, the supply or procurement is in accordance with the conditions of his licence. 

Under section 5(3) of the Ordinance, the administration of a dangerous drug would not be considered as supplying the dangerous drug if it is: 

1. by or under the direct supervision of, and in the presence of a registered medical practitioner; 
2. by or under the direct supervision of, and in the presence of a registered dentist in the course of dental treatment; 
3. by a nursing sister in charge of a ward, theatre, a prescribed hospital, or in a health centre or clinic maintained by the Government or of the Hong Kong Garrison acting on the instructions of a registered medical practitioner, to a patient of that ward, theatre, department, health centre or clinic; 
4. a specified dangerous drug by or under the direct supervision of, and in the presence of a specified person in the course of medical treatment in a specified clinic. 

An offence under section 5 of the Ordinance differs from trafficking in a dangerous drug under section 4 in that trafficking under section 4 covers importing into or exporting out of Hong Kong, procuring, supplying or dealing in or with a dangerous drug.  It targets the illicit import, distribution, movement and trade of dangerous drugs.  Section 5 offence, on the other hand regulates the legal, controlled supply of drugs intended for medical or scientific use, preventing them from being diverted to the illicit market. 

Trafficking in dangerous drugs under section 4 of the Ordinance attracts a much higher maximum penalty of $5,000,000 in fine and life imprisonment, while the maximum penalty for the section 5 offence is a fine of $100,000 and 15 years of imprisonment.