Replies to LegCo questions

LCQ10: Proprietary Chinese medicines containing ingredients from bear gall bladders

Following is a question by the Hon Claudia Mo and a written reply by the Secretary for Food and Health, Dr Ko Wing-man, in the Legislative Council today (June 11):

Question:

The Protection of Endangered Species of Animals and Plants Ordinance (Cap. 586) aims to give effect in Hong Kong to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The sale of proprietary Chinese medicines containing ingredients from bear gall bladders on the Mainland is subject to control by the State Forestry Administration and the Ministry of Health, and the Key Wild Animals under State Priority Protection published by the State Council has also included black bear as one of the wild animals under priority protection. Nevertheless, I have learnt that raising black bears in captivity and inhumanely "extracting bear bile from live bears" are common practices on the Mainland. In this connection, will the Government inform this Council:

(1) of the details of the information about the ingredients from bear gall bladders which drug dealers are required to submit to the authorities in applying for the import of Chinese medicines containing such ingredients; whether such information includes the names of the countries exporting those ingredients, the types of bears involved, as well as the method adopted for extracting the ingredients from bear gall bladders; if so, of the details; if not, whether it will consider requiring drug dealers to submit the relevant information before they may import the products concerned, so as to observe the CITES principles;

(2) of the latest information on products containing ingredients from bear gall bladders (including Chinese herbal medicines, proprietary Chinese medicines and other derivative products) currently registered and on sale in Hong Kong, including the names of the relevant products, their registration numbers, ingredients, places of production, volume of import in the past three years, and the names of the pharmaceutical manufacturers concerned;

(3) given that the results of the researches conducted by some Chinese medicine bodies show that there are at least 54 kinds of herbs which have similar medicinal effects (i.e. clearing heat and jaundice, as well as calming the liver and improving acuity of vision) as that of bear gall bladders, e.g. Caulis Hederae Sinensis, Taraxacum Mongolicum, Chrysanthemum, Sage, Radix et Rhizoma Rhei, Lonicera Japonica, Fructus Forsythiae, Rhizoma Coptidis, Chrysanthemum Indicum, etc., whether the authorities have studied the feasibility of banning the sale of Chinese herbal medicines and proprietary Chinese medicines that contain ingredients from bear gall bladders; if so, of the details; if not, whether they will do so; and

(4) given that the Chief Executive had promised to a black bear concern group before assuming office that he would consider following up with the central authorities the issue of black bear abuse on the Mainland, that the Legislative Council Panel on Health Services passed a motion at its meeting on May 14, 2012 "That this Panel requests the Government to legislate against the sale or import in Hong Kong of Chinese herbal medicines or proprietary Chinese medicines which contain ingredients from bear gall bladders extracted with any inhumane method", and that some research results have shown that there are alternatives to products made with bear gall bladders, whether the authorities took any follow-up actions in respect of the Chief Executive's promise and the aforesaid motion in the past two years; if so, of the details; if not, the reasons for not having commenced the legislative proceedings and when they will take follow-up actions?

Reply:

President,

(1) According to the Chinese Medicine Ordinance (Cap. 549) (CMO), all proprietary Chinese medicines (pCms) must be registered with the Chinese Medicines Board (CMB) under the Chinese Medicine Council of Hong Kong (CMC) before they can be imported, manufactured or sold in Hong Kong. To be registered, all pCms must meet the registration requirements prescribed by the CMB regarding their safety, quality and efficacy. In addition, the CMB requires that all applicants for pCm registration should comply with the CMO and their pCms should fulfill the requirements of other laws in Hong Kong, including the Protection of Endangered Species of Animals and Plants Ordinance (Cap. 586) (PESAPO) which aims to bring the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) into effect in Hong Kong. The objective of the CITES is to strengthen trade controls through adoption of effective measures among governments of the contracting parties, so as to effectively protect the endangered species of wild fauna and flora and to ensure that the sustainable use of wild fauna and flora will not be affected by international trade.

As such, registered pCms containing ingredients from bear gall bladders should also comply with the PESAPO, including the relevant licensing requirements. According to the record of the Agriculture, Fisheries and Conservation Department (AFCD), for the pCm products which contain ingredients from bear gall bladders and imported into Hong Kong in the past three years according to the requirements of the PESAPO, the bear gall bladders of which were all obtained from brown bears (Ursus arctos) of Russia, which are one of the species listed in Appendix II to the CITES (i.e. species not presently threatened with extinction but trading of which should be controlled to protect them from the risk of extinction). Chinese herbal medicines, pCms and products containing ingredients of species listed in Appendix II to the CITES must be imported into Hong Kong together with CITES licences issued by the exporting countries for inspection by authorised officers at the time of their entry into Hong Kong. For such items to be exported from Hong Kong, export licenses must be obtained in advance from the AFCD. As required by the CITES, an export licence should be issued by a competent authority of the exporting country only if the specimen was legally obtained and the export would not be detrimental to the survival of the species.

(2) Information about pCm products which contain ingredients from bear gall bladders and are currently registered and sold in Hong Kong is set out in the Annex.

(3) It is generally considered in the Chinese medicine field that bear gall bladders have significant efficacy in the treatment of critical, acute, serious and rare or complex illnesses, playing an important role in Chinese medicine clinical treatment. The clinical effects of bear gall bladders in the treatment mentioned above cannot be substituted by other herbal medicines, and no artificially synthesised substitutes are available at the moment.

The CMB has discussed the use of bear gall bladders in pCms. Having considered the uniqueness of the medicinal properties, functions and usage of bear gall bladders and the balance between animal rights and utilisation of natural resources, the CMB currently accepts the use of bear gall bladders as active ingredients of pCms for medical treatment, provided that the products meet the requirements of the CMO, the PESAPO and the CITES. It should be noted that the CMB only accepts the use of bear gall bladders as active ingredients of pCm products for therapeutic purpose, but not for health protection purpose. The CMB will continue to closely keep in view international developments about the medicinal value and use of bear gall bladders, and continue to require the medicine traders concerned to comply with the CMO and other laws in Hong Kong.

(4) As mentioned in the Administration's written reply dated February 15, 2013 to the Panel on Health Services of this Council, given that the process of obtaining bear gall bladders or bile is carried out in places outside Hong Kong and that the manufacture and supply of pCms generally involve multiple stages, it is therefore difficult to monitor the various stages in the supply chain, including the method of obtaining bear gall bladders, in Hong Kong. The Administration would also like to clarify that the CITES and the PESAPO do not impose regulation on the methods of collecting specimens of endangered species.

Ends/Wednesday, June 11, 2014
Issued at HKT 18:23

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LCQ10 Annex