AN ACT further to amend, the Medical and Kindred Professions Ordinance. Cap. 51.

I assent.

(L.S.)

AGATHA BARBARA

President

16th May, 1986

ACT No, XVII of 1986

AN ACT further to amend, the Medical and Kindred Professions

Ordinance. Cap. 51.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same, as follows:―

This Act may be cited as the Medical and Kindred Professions

(Amendment) Act, 1986, and shall be read and construed as

one with the Medical and Kindred Professions Ordinance, hereinafter

referred to as “the principal law”.

In the proviso to subsection (4) of section 10 of the principal

law, for the words “of section 35A” there shall be substituted the words

“of section 35B”.

Section 89A of the principal law shall be amended as follows

(a) in subsection (1) thereof ―

(i) in paragraph (d) thereof for the words “against any

such regulations,” there shall be substituted the words “against

any such regulations; or”; and

(ii) for the words “shall be guilty of an offence against

this section,” there shall be substituted the following

"(e) being a citizen of Malta or a permanent resident in

Malta, who in any place outside these Islands does any act

which if committed in these Islands would constitute an

offence of selling or dealing in a drug against this section or

an offence under paragraph (f) of this subsection; or

(f) who with another one or more persons in these

IslJods or outside these Islands conspires for the purposes

of selling or dealing in a drug in these Islands against the

provisions of Ihis section or who promotes. constitutes.

organise:s or finances the conspiracy.

,hall be guilly of an offence against this seo::tion.

For the purposes of paragraph (cl of this subsection the

expression "pennanent resident" means a perl;()[1 in favour of

whom a perm;1 of residence has been issued in aCC()rdaD<:e will!

the provisions contained in se<::tion 7 of the Immigration Act.

1970. The conspiracy referred to in paragraph ill of the

(I A)

pr~ing subsection shall subsist

from the moment iD which

any mode or aClion whalsoe~er is planned or agreed upon bet·

ween such persons.

OB) For Ihe purposes of this section the word "deal ing"

includes "i mportation. manufacture, e~portation and distribu-

tion. ";

(b)

in subsection (2) thereof -

(i) for paragraph (a) thereof there shall be substituted the

following;

··(a)

on conviction by the Criminal Court -

(i) where the offence consists in selling or dealing

in a drug listed under Part [ of the Third Schedule to this

Ordinance contrary to the provisiom of Ibis sco;:tion , or in

promoting, constituting, organising or financing a con·

spiracy under paragraph (ff of subsection H) of this sec-

tion in respect of such drug, to imprisonment for a term

of not less than four ~ars but not exC«ding twenty years

and to a fine (mu/ra) oLllo! less than one thousand Maltese

!iri but nOl e~cccding fifty thousand Ma ltese liri~ and

(iil for any other offence to imprisonment for a

lenn of not less than twelve months but not exceed ing ten

years and to a fine (mu/la) of not less than two hundred

Ma ltese liri. but not exceeding ten thousand Maltese !iri

or";

(ij) for sub-paragraphs ill a nd (ill of paragraph (b) there-

of there shall be subSlituted the following

"Iil in the case of a conviction for an offence con-

.istillg in sell ing or dealing in any drug, listed under Pa rt

[ of the Third Schedule to Ihis Ordlnance, or a conviction

for an offence of promoting. consiitn ting. organising or

financing of a coo~piracy under paragraph (f) of su\).

section (I) of this section in respect of such dl'llg, to

imprisnnment for a term of not le5$ than six months but

not exceeding five yr.:ars and to a tine (m u/ta) of not less

than two hundred Maltese Hri but not exceeding two

thousand Maltese !iri ; and

(ii) for any other offence, in the case of a convic-

tion, to a fine (multa) of not less than one hundred Maltese

liri but not exceeding one thousand Maltese liri or to im-

prisonment for a term of not less than three months but not

exceeding twelve months, or to both such fine and im-

prisonment.”;

(c) immediately after subsection

(2)

thereof

there

shall

be

added the following new subsections

“(2A) Where a person is charged under the provisions

of this section with selling or dealing in a drug listed under

Part I of the Third Schedule to this Ordinance, or with promot-

ing, constituting, organising or financing a conspiracy under

paragraph (f) of subsection (1) of this section in respect of such

drug, the provisions of sections 22A, 22B, 22E, 27 and 30 of

the Dangerous Drugs Ordinance shall apply.

(2B) Where an offence against this section in respect of

which a person has been found guilty consists in an offence

mentioned in subsection (2A) of this section the provisions of

subsections (3A) and (7) of section 22 and the provisions of

sections 22C, 22D, 28 and 29 of the Dangerous Drugs Ordin-

ance shall apply.

(2C) Notwithstanding that the Attorney General has

directed in accordance with the provisions of subsection (2) of

this section, that a person be tried in the Criminal Court, he

may, at any time before the filing of the bill of indictment,

direct that that person be tried before the Court of Magistrates

of Judicial Police, and upon such direction the Court of Magis-

trates of Judicial Police as a Court of Criminal Judicature shall

become competent to try that person as if no previous direc-

tion had been given.

(2D) Notwithstanding the provisions of section 382 of

the Criminal Code and without prejudice to the provisions of

the subsection (2C) of this section, the Court of Magistrates of

Judicial Police shall be competent to try all offences against

this section as directed by the Attorney General in accordance

with the provisions of subsection (2) of this section.".

Immediately after section 95 of the principal law there shall

be added the following new section

96. Notwithstanding the provisions of the Criminal

of Code, the Attorney General shall always have a right of

appeal to the Court of Criminal Appeal from any judgement

given by the Court of Magistrates of Judicial Police in

respect of criminal proceedings arising out of the provisions

of section 89A of this Ordinance.”.

The Third Schedule to the principal law shall be amended as

(a)

immediately after the heading "LIST OF PSYCHOTRO-

PIC DRUGS” there shall be inserted the sub-heading "Part I”; and

(b)

immediately after the words “and any derivatives, salts

or esters of the above”, there shall be inserted the following

“Part II”.

Passed by the House of Representatives at Sitting No. 341 of the 13th May, 1986.

DANIEL MICALLEF

Speaker

C. MIFSUD

Clerk to the House of Representatives

Ippubblikat mit-Taqsima tat-Tagħrif – Kastilja – Published by the Information Division – Kastilja