Replies to LegCo questions
LCQ4: The sale of pharmaceutical products on the Internet
Following is a question by the Dr Hon Joseph Lee and an oral reply by the Acting
Secretary for Food and Health, Professor Gabriel Leung, in the Legislative
Council today (November 25):
Question:
It has been reported that recently a spate of incidents of members of the public
purchasing questionable medicines on the Internet have occurred, and some
members of the public even developed abnormal mental conditions such as
emotional disturbance, hallucination and suicidal thoughts after taking slimming
medication purchased through auction web sites. These medicines were found by
laboratory tests to contain western medicine ingredients. In this connection,
will the Government inform this Council:
(a) of the number of complaint cases received by the Department of Health in
each of the past five years about the adverse reactions members of the public
had after taking slimming products, health food and medicines purchased on the
Internet; whether it had instituted prosecutions in respect of such complaints;
if it had, of the number of prosecutions and details of the penalties; if not,
the reasons for that;
(b) whether it has new measures in place to monitor the sale of slimming
products, health food and medicines on the Internet; if it has, of the details;
if not, the reasons for that; and
(c) given that the sale of slimming products, health food and medicines on the
Internet is increasingly prevalent, whether the Government will reconsider
amending the relevant legislation and increasing the penalties, so as to plug
the loopholes and safeguard public health; if it will, of the details; if not,
the reasons for that?
Reply:
President,
(a) The number of cases received by the Department of Health (DH) in each of the
past five years about the adverse reactions members of the public had after
taking slimming products, health food and medicines purchased on the Internet is
shown in Annex 1.
In the past five years, the number of prosecutions instituted in connection with
the sale of medicines on the Internet is shown in Annex 2.
(b) At present, DH has been monitoring the sale (including auction sale) of
slimming products, health food and medicine on local websites. If any product on
sale is found to be in violation of the Pharmacy and Poisons Ordinance, the
person who puts the product up for sale will be prosecuted. In addition,
persons-in-charge of the websites will also be required to delete information
about the product from their websites.
To strengthen public education and enhance community awareness, DH has also
advised persons-in-charge of the websites that they should post messages at the
relevant position on their web pages to remind both buyers and sellers that sale
or possession of unregistered pharmaceutical products or prescription drugs is
prohibited. To step up prosecution against offenders, DH has conducted targeted
actions in collaboration with the Commercial Crime Bureau of the Hong Kong
Police Force. If any sale of unregistered pharmaceutical products or
prescription drugs is detected, DH will take a joint operation with the Police
to arrest and prosecute the seller concerned.
(c) The sale of pharmaceutical products on the Internet is also subject to
regulation under the laws of Hong Kong as detailed below:
Under the Pharmacy and Poisons Ordinance (Cap. 138), the sale of unregistered
pharmaceutical products is an offence. In addition, it is also an offence if a
pharmaceutical product classified as a poison under the Pharmacy and Poisons
Ordinance is not sold with a proper licence or under the supervision of a
registered pharmacist, or if a pharmaceutical product which is a poison
requiring prescription for its sale is not sold under the supervision of a
registered pharmacist or with a prescription by a medical practitioner. Any
person in violation of the above requirements (including the sale of these
pharmaceutical products on the Internet) is liable to a fine of HK$100,000 and
imprisonment for two years upon conviction.
Under the Antibiotics Ordinance (Cap 137), antibiotics must be sold in
pharmacies under the supervision of a registered pharmacist with a prescription
by a medical practitioner. Any person in violation of this requirement is liable
to a fine of HK$30,000 and imprisonment for one year upon conviction.
Under the Dangerous Drugs Ordinance (Cap 134), dangerous drugs must be sold in
pharmacies under the supervision of a registered pharmacist with the support of
a prescription by a medical practitioner. Any person in violation of this
requirement is liable to a fine of HK$5 million and life imprisonment upon
conviction.
Under the Import and Export Ordinance (Cap 60), any person who imports a
pharmaceutical product from any place outside Hong Kong (including offshore
websites) must first obtain an import licence from DH. Any person in violation
of this requirement is liable to a fine of HK$500,000 and imprisonment for two
years upon conviction.
To protect members of the public from being induced by undesirable medical
advertisements to seek improper self-treatment which may cause damage to their
health as a result of improper medication or delay in seeking treatment from
healthcare practitioners, the Undesirable Medical Advertisements Ordinance (UMAO)
(Cap 231) prohibits any person to publish, or cause to be published, any
advertisement likely to lead to the use of any medicine, surgical appliance or
treatment for the purpose of preventing or treating certain diseases or bodily
conditions as specified in Schedules 1 and 2 to the Ordinance. Such
advertisement includes, among others, those posted on the Internet. DH will
conduct regular checks on the market (including the Internet) and take follow-up
action in accordance with the law if any suspected violation of the UMAO is
found.
Targeting at the sale of slimming products, health food and medicines on the
Internet, DH has stepped up public education and its control and enforcement
actions as well as conducting special operations in conjunction with the Police
in an effort to combat illegal trading of these products on the Internet. DH
will continue to monitor the situation and review the relevant measures.
Ends/Wednesday, November 25, 2009
Issued at HKT 14:53
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