Medicines (Advertisement and Sale) (Amendment) Bill

Bill No. 18/1968

Read the first time on 9th May 1968.

An Act to amend the Medicines (Advertisement and Sale) Ordinance, 1955 (No. 19 of 1955).

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows: —

Short title and commencement

1. This Act may be cited as the Medicines (Advertisement and Sale) (Amendment) Act, 1968, and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Amendment of section 4

2. Section 4 of the Medicines (Advertisement and Sale) Ordinance, 1955 (hereinafter in this Act referred to as “the Ordinance”) is hereby amended —

(a)

by deleting subsection (1) thereof and substituting therefor the following: —

“(1) Subject to the provisions of this Ordinance, no person shall take part in the publication of any advertisement referring to any article, or articles of any description, in terms which are calculated to lead to the use of that article or articles of that description as a medicine, appliance or remedy for the purpose of treatment of human beings for any of the diseases and conditions set out in the Schedule to this Ordinance:

Provided that this subsection shall not apply to any advertisement published by the Government or any public authority, or by the governing body of a public hospital or by any person authorised to publish such advertisement by the Minister.”; and

(b)

by inserting immediately after subsection (2) thereof the following new subsection: —

“(3) The Minister may, by notification in the Gazette, add to, vary or amend the Schedule to this Ordinance.”.

New section 4A

3. The Ordinance is hereby amended by inserting immediately after section 4 thereof the following new section: —

“Prohibition of advertisements relating to medical skill or service

4A. No person shall take part in the publication of any advertisement referring to any skill or service relating to the treatment of any ailment, disease, injury, infirmity or condition affecting the human body so as to induce any person to seek the advice of the advertiser or any person referred to in the advertisement in connection with such skill or service.”.

Repeal and re-enactment of section 5

4. Section 5 of the Ordinance is hereby repealed and the following substituted therefor: —

“Prohibition of advertisements relating to abortion

5. Subject to the provisions of this Ordinance, no person shall take part in the publication of any advertisement referring to any skill or service, or to any article or articles of any description, in terms which are calculated to induce any person to seek the advice of the advertiser or any person referred to in the advertisement in connection with such skill or service, or to lead to the use of that article or articles of that description, for procuring miscarriage of women.”.

Amendment of section 6

5. Section 6 of the Ordinance is hereby amended —

(a)

by deleting the words “If any person contravenes any of the provisions of the last two preceding sections” appearing in subsection (1) thereof and substituting therefor the expression “If any person contravenes the provisions of section 4, 4A or 5”;

(b)

by deleting the words “Where, in any proceedings for a contravention of any of the provisions of the last two preceding sections” appearing in subsection (2) thereof and substituting therefor the expression “Where in any proceedings for the contravention of the provisions of section 4 or 5 of this Ordinance”;

(c)

by deleting the words “as is mentioned in subsection (1) of that section” appearing in sub-paragraph (i) of paragraph (a) of subsection (2) thereof and substituting therefor the words “or condition as is mentioned in the Schedule to this Ordinance”;

(d)

by deleting the words “In any proceedings for a contravention of any of the provisions of the last two preceding sections” appearing in subsection (3) thereof and substituting therefor the expression “In any proceedings for a contravention of the provisions of section 4, 4A or 5 of this Ordinance”; and

(e)

by inserting immediately after subsection (3) thereof the following new subsection: —

“(4) Where in any proceedings for a contravention of section 4A of this Ordinance it is proved that an advertisement was published referring to any skill or service in terms calculated to indicate that such skill or service was provided by the person charged, then, unless the contrary is proved, it shall be presumed for the purpose of these proceedings that the person charged took part in the publication of the advertisement, but without prejudice to the liability of any other person.”.

Amendment of section 7

6. Subsection (1) of section 7 of the Ordinance is hereby amended by inserting immediately after the words “English language” appearing therein the expression “(as well as in any other language that may be used in addition to the English language)”.

The Schedule

7. The Ordinance is hereby amended by inserting immediately after section 8 thereof the following Schedule: —

“THE SCHEDULE

(Section 4(1)).

Diseases and Conditions

1. Blindness

2. Cancer

3. Cataract

4. Dangerous drug addiction

5. Deafness

6. Diabetes

7. Epilepsy or fits

8. Hypertension

9. Insanity

10. Kidney diseases

11. Leprosy

12. Menstrual disorders

13. Paralysis

14. Tuberculosis

15. Sexual function

16. Infertility

17. Impotency

18. Frigidity.”.

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