Replies to LegCo questions
LCQ10: Regulation of Chinese medicine traders
Following is a question by the Hon Li Kwok-ying and a written reply by the
Secretary for Food and Health, Dr York Chow, in the Legislative Council today
(November 28):
Question:
It has been reported that some Chinese herbal medicine shops which provide
Chinese herbal medicine decoction services for customers have illegally employed
foreign domestic helpers to undertake the work of decoction of herbal medicines,
causing concern about the hazards to public health posed by such an arrangement.
In this connection, will the Government inform this Council:
(a) in the past three years, whether it has uncovered any cases involving the
above offence and instituted prosecutions as a result, and whether it has
received complaints about malpractices of Chinese herbal medicine shops in
handling Chinese herbal medicines; if so, of the details of the penalties
involved in cases of conviction or substantiated complaints;
(b) how the authorities enhance the training of Chinese herbal medicine
dispensers and persons responsible for decoction of Chinese herbal medicines, so
as to improve the quality of service; and
(c) whether it will establish a registration system for people engaged in the
Chinese herbal medicines retail trade, so as to strengthen the monitoring of
Chinese herbal medicine shops; if so, of the relevant timetable; if not, the
reasons for that?
Reply:
Madam President,
(a) In the past three years, the Immigration Department did not have any cases
involving the illegal employment of foreign domestic helper by Chinese herbal
medicines stores and has therefore instituted no such prosecutions.
As to complaints about the mishandling of Chinese herbal medicines, the
Medicines Board (the Board) of the Chinese Medicine Council of Hong Kong has
started to issue licences to Chinese medicines traders since mid-2005. As at
September 30, 2007, the Board has received a total of 30 complaints against
licensed Chinese medicines traders, most of which concern dispensing procedures
and quality of Chinese herbal medicines, business practices as well as decoction
services. However, no complaint is made about illegal employment of foreign
domestic helpers. To date, the Board has handled eight complaints, of which five
are substantiated and three unsubstantiated. The Board has decided to revoke the
licence of one Chinese medicines trader, issue warnings or letters of advice to
another four Chinese medicines traders and alter the licensing conditions of one
Chinese medicines trader and give him a warning.
(b) & (c) We will commence the relevant provisions of the Chinese Medicine
Ordinance (the Ordinance) on January 11, 2008 so as to bring the licensing
regime of Chinese medicines traders into full operation.
With the implementation of the relevant legal provisions, a Chinese herbal
medicines retailer licence must be obtained for retail dealings in Chinese
herbal medicines, including the sale or dispensing of any Chinese herbal
medicines specified in the Schedules to the Ordinance. In addition, as for the
sale or dispensing of toxic Chinese herbal medicines (i.e. the Chinese herbal
medicines specified in Schedule 1 to the Ordinance), licensed Chinese medicines
retailers must dispense them on the prescription of a registered Chinese
medicine practitioner and record the particulars afterwards in compliance with
the requirements of our legislation and the "Practising Guideline for Retailers
of Chinese Herbal Medicines". Any person who commits an offence under the
Ordinance is liable to a maximum fine at level 6 and imprisonment for two years.
Moreover, Chinese herbal medicines retailers engaged in the dispensing of
Chinese herbal medicines must nominate to the Board one person responsible for
the supervision of the dispensing of Chinese herbal medicines and not more than
two deputies. These nominees must fulfill the requirements as set out in the
Chinese Medicines Regulation in terms of knowledge and experience. The Ordinance
and the Chinese Medicines Regulation do not specify the practising
qualifications of other employees but stipulate that these employees are only
allowed to dispense Chinese herbal medicines under the supervision of the
nominated persons. The Chinese herbal medicines retailer licence holder is
legally liable and subject to disciplinary action if there is any breach of the
relevant stipulations by any of his employees. Furthermore, the Chinese
Medicines Regulation and the "Practising Guideline for Retailers of Chinese
Herbal Medicines" regulate the dispensing practices of Chinese herbal medicines
retailers, including the verification of prescriptions, cross-checking,
packaging, dispensing as well as decoction of Chinese herbal medicines.
The above measures already regulate Chinese medicines traders in various aspects
to ensure the quality of their services and protect public health. We therefore
do not intend to introduce a registration system for people engaged in the
Chinese herbal medicines trade.
Ends/Wednesday, November 28, 2007
Issued at HKT 11:15
NNNN