Statutory authority to procure, supply and possess dangerous drugs and other exemptions

II. Statutory authority to procure, supply and possess dangerous drugs and other exemptions 

Section 5(1) of the Dangerous Drugs Ordinance (Cap. 134) establishes the general prohibition against supplying or procuring, or offering to supply or procure, a dangerous drug to any person in Hong Kong. This prohibition is lifted only if the recipient is authorised by or licensed under Part IV of the Ordinance to possess that dangerous drug, and the drug is to be supplied or procured in accordance with the Ordinance and the conditions of their licence. 

Section 22 of the Ordinance grants specific individual authority to be in possession of and to supply dangerous drugs. This authority is limited to what is necessary for the practice or exercise of their profession, function, or employment, and in their capacity as such. These authorised persons include, for example, registered medical practitioners, dentists, and veterinary surgeons. 

Sections 23, 27 and 29 further restrict or extend the scope of such authority. 

Section 25(1) authorises a person to be in possession of a dangerous drug if it was lawfully supplied to them by, for example, a registered medical practitioner, or on a lawfully given prescription.  

However, such authorisation can be negated under section 25(2) if the recipient was also being supplied by another medical practitioner or specified person without disclosing this fact, or if they made a false declaration to obtain the supply or prescription. 

See also section 32 for situations where dangerous drugs are supplied to a person on behalf of a recipient, other than on prescription by a registered medical practitioner.  

In general and subject to specific limitation set out in Part IV of the Ordinance, only certain licensed professionals and lawfully supplied patients may possess dangerous drugs legally. The following classes of people are authorised to procure, supply and possess dangerous drugs: 

1. a registered medical practitioner;  
2. a registered dentist;  
3. a registered veterinary surgeon; 
4. the Chief Pharmacist; 
5. a registered pharmacist or an approved person who is employed or engaged in a prescribed hospital, in a health centre or clinic maintained by the Government or of the Hong Kong Garrison and whose duties in that employment or engagement include the dispensing or supply of medicines for that, or any other such, hospital, health centre or clinic; 
6. a nursing sister for the time being in charge of a ward, theatre or other department of a prescribed hospital, or in a health centre or clinic maintained by the Government or of the Hong Kong Garrison; 
7. a person in charge of a laboratory used for the purposes of research or instruction and attached to a university or to an approved hospital or institution; 
8. a matron of a prescribed hospital; 
9. a Government Chemist; 
10. a person who is not a registered medical practitioner and practises medicine in a clinic exempted under section 8 of the Medical Clinics Ordinance (Cap. 343), as specified under section 22(5A) of the Dangerous Drugs Ordinance, and with the written authorization of the Director of Health. 
11. a person who is lawfully supplied, or prescribed, dangerous drugs by a registered medical practitioner, a registered veterinary surgeon, an authorised seller of poisons, or a person specified by the Director of Health; and 
12. the master of a ship which does not carry on board as part of her complement a registered medical practitioner so far as may be necessary under the Merchant Shipping (Seafarers) Ordinance (Cap. 478) to supply to members of the crew. 

The Director of Health may: 

1. Grant a licence to traffic, offer to traffic, or do or offer to do an act preparatory to or for the purposes of trafficking in a dangerous drug (section 4 of the Dangerous Drugs Ordinance).  
2. Issue import or export licence and import certificate authorizing a person to import into Hong Kong a specified quantity of dangerous drugs within a specified period. (section 10 & 12) Import into or export out of Hong Kong may also require a valid import or export authorisation or diversion certificate (section 11, 12 & 13).