10 Sept 1982
HO TAO v. THE QUEEN
- Citation
- HO TAO v. THE QUEEN
- Court
- Court of Appeal
- Case number
- CACC696/1982
Conviction for running an unlicensed clinic was quashed because evidence (translated outpatient handbook) showed the seized drugs had been prescribed for the appellant and supported that they were for his personal use; however, on a strict construction of the Antibiotics Ordinance (Cap.137 s5) and the Pharmacy and Poisons Ordinance (Cap.138 s23) there is no statutory exemption for patients in possession of prescribed antibiotics or Part I poisons, so convictions on those charges are sustained, but because of extenuating circumstances the court exercised Magistrates Ordinance s36 to absolve th…