Replies to LegCo questions
LCQ10: Regulation of sale of chloroform
Following is a question by the Hon Cheung Hok-ming and a written reply by the
Secretary for Food and Health, Dr York Chow, in the Legislative Council today
(March 12):
Question:
It has been reported that occasionally there are crimes in which criminals use
trichloromethane (chloroform) to knock victims out to rob them. Victims become
unconscious after they inhaled a small amount of chloroform, and those who
inhaled an excessive amount may even die. This chemical can be bought easily
from general chemical supplies stores. In this connection, will the Government
inform this Council:
(a) in the past three years, of the number of crimes in which criminals used
chloroform, other drugs or chemicals which can induce unconsciousness to knock
victims out, and among them, the number of fatal cases;
(b) whether it will study imposing restrictions on the channels for and methods
of buying chloroform, and requiring that approval must be obtained for its
purchase; if not, of the reasons for that; and
(c) how many kinds of drugs or chemicals, other than chloroform, are currently
available in the market, which can induce unconsciousness upon inhalation and
can be bought easily by the public without any restriction?
Reply:
Madam President,
(a) In the past three years, there were in total 26 cases (2005: six cases;
2006: 13 cases; 2007: seven cases) of crimes in which criminals used chloroform,
other drugs or chemicals which can induce unconsciousness to knock victims out.
Death was caused in one of these cases.
(b) Currently, the manufacture, storage, wholesale and retail of chloroform in
Hong Kong are subject to statutory control under the Dangerous Goods Ordinance
(Cap. 295) and the Pharmacy and Poisons Ordinance (Cap. 138).
Chloroform is classified as Category Four dangerous goods under the Dangerous
Goods Ordinance, and hence its manufacture and storage are subject to the
control of that Ordinance. Any person who stores over 100 litres of chloroform
without first having obtained a licence issued by the Director of Fire Services
commits an offence and is liable to a maximum penalty of a fine of $25,000 and
imprisonment for six months.
In addition, chloroform is a Part I First Schedule poison under the Pharmacy and
Poisons Ordinance. On the wholesale level, chloroform can only be sold by
persons holding a wholesale poisons licence and its sale has to be confined to
medical practitioners, hospitals, authorised sellers of poisons (i.e.
pharmacies) and any other persons or establishments (such as factories,
laboratories, etc.) requiring chloroform for use in their trade or business.
These purchasers need to furnish the wholesalers with proof as to the purpose of
their purchase of chloroform. The holder of a wholesale poisons licence has to
record in his poisons book the particulars of the sale, including the name of
the purchaser, the quantity of purchase, as well as the remaining quantity of
chloroform after the transaction. Pharmacist inspectors of the Department of
Health (DH) will from time to time inspect the poisons books of the licence
holders and verify the remaining quantity of chloroform kept by them.
On the retail level, the Pharmacy and Poisons Ordinance stipulates that
chloroform can only be sold in pharmacies in the presence and under the
supervision of a registered pharmacist. On each occasion when chloroform is sold
in pharmacies, the pharmacist must make a record of the name, address and Hong
Kong Identity Card number of the purchaser as well as the quantity of purchase.
Both the purchaser and the seller have to affix their signatures to the poisons
book. According to records of the DH, pharmacies in Hong Kong do not offer
chloroform for sale.
Any person in contravention of the Pharmacy and Poisons Ordinance is liable on
conviction to a maximum penalty of a fine of $100,000 and imprisonment for two
years.
The operation of pharmaceutical product importers, exporters, manufacturers,
wholesalers, pharmacies, medicine companies, Chinese and western medicine
clinics and other suspicious places is monitored by the DH through regular and
surprise inspections. The purpose of such inspections is to ensure that the
relevant parties comply with the various requirements under the Pharmacy and
Poisons Ordinance. More frequent visits are conducted at those with a poor
record of compliance or under complaint.
(c) Apart from chloroform, other drugs which may induce unconsciousness are
classified as Part I Third Schedule poisons under the Pharmacy and Poisons
Ordinance, and can only be sold on prescription by medical practitioners,
dentists or veterinary surgeons at pharmacies in the presence and under the
supervision of a registered pharmacist. Apart from drugs, most chemicals
poisonous to human beings (including several chemicals that are known capable of
inducing unconsciousness) are classified as Category Four dangerous goods under
the Dangerous Goods Ordinance and are therefore subject to the control of that
Ordinance.
Ends/Wednesday, March 12, 2008
Issued at HKT 16:47
NNNN