B. Unlawful possession of Part 1 poisons

B. Unlawful possession of Part 1 poisons 

The meaning of "possession" is consistent with its definition in the Dangerous Drugs Ordinance. 

Section 23 and 33 of the Pharmacy and Poisons Ordinance (Cap. 138) prohibit the possession of Part 1 poison and make it an offence to possess Part 1 poison unless the accused proves that: 

1. It is a medicine supplied to him by a registered medical practitioner for medical treatment, a registered dentist for dental treatment, a registered veterinary surgeon for animal treatment (section 28(1)(a)); 
2. It is a medicine supplied to him by a person who is not a registered medical practitioner but practises medicine in a clinic under section 8(8) of the Medical Clinics Ordinance (Cap. 343) for the purposes of medical treatment and in the course of that person’s practice at the clinic (section 28(1)(b)); 
3. It is a medicine dispensed to him by an authorised seller of poisons in premises duly registered under the Ordinance (section 28(1)(c)); 
4. It formed part of the ingredients of a medicine supplied by an authorised seller of poisons in premises duly registered under the Ordinance (section 28(1)(d)). 

The medicine which contains the poison must be distinctly labelled with the name and address of the person who supplied or dispensed it. 

The maximum penalty for unlawful possession of Part 1 poisons is a fine of $100,000 and imprisonment for 2 years.