Replies to LegCo questions
LCQ5: Regulation of electronic cigarette
Following is a question by the Hon Kwok Wai-keung and a reply by the Secretary
for Food and Health, Dr Ko Wing-man, in the Legislative Council today (October
22):
Question:
It has been reported that there has been a trend in recent years that the craze
for electronic cigarette (EC) smoking has spread to Hong Kong from overseas. It
has also been reported that since ECs are of unknown composition, it is
difficult to gauge their impact on the smokers' health, including the addictive
effect. In addition, the regulation on the sale of EC products in Hong Kong is
so lax that underage persons can easily purchase various kinds of EC products.
In this connection, will the Government inform this Council:
(1) of the number of EC products currently available on the Hong Kong market
which have been registered under the relevant legislation; the conditions to be
met before such products can be registered; whether the authorities conducted
any survey in the past three years on the sale and use of ECs in Hong Kong; if
so, of the outcome; if not, the reasons for that;
(2) whether the relevant government departments instituted prosecution against
offences involving EC products in the past three years; if so, of the number of
prosecution cases and the major charges laid; and
(3) as the World Health Organization has proposed to bring ECs under regulation,
whether the authorities will consider stepping up the regulation of EC products,
including extending the application of the relevant provisions of the Smoking
(Public Health) Ordinance to ECs, introducing legislation to require the listing
of the composition of EC products on their packaging, and prohibiting the sale
of ECs to underage persons?
Reply:
President,
According to a recent report by the World Health Organization (WHO), electronic
cigarette (EC) is an important issue faced by governments and tobacco control
organisations around the world in recent years. Products commonly known as EC
are actually a kind of electronic nicotine delivery system (ENDS) which by
heating the solution therein delivers an aerosol for users to inhale. The main
constituents of the solution include nicotine (if present), propylene glycol,
and possibly glycerol and flavouring agents. Although the appearance of some
ENDS look like their conventional tobacco counterparts (e.g. cigarettes, cigars,
cigarillos, pipes or hookahs), they can also take the form of other ordinary
items such as pens, USB memory sticks and other larger cylindrical or
rectangular devices.
My main reply to the question raised by the Honourable Kwok is as follows:
(1) According to the Pharmacy and Poisons Ordinance (Cap. 138), if EC contains
more than 0.1% of nicotine, it is categorised as a Part I poison. EC containing
nicotine are considered pharmaceutical products and subject to the requirements
of the Pharmacy and Poisons Ordinance on safety, quality and efficacy. They
should also be registered with the Pharmacy and Poisons Board of Hong Kong
before they can be put up for sale and distribution. The Pharmacy and Poisons
Ordinance provides that only licensed traders, including "wholesaler of poisons"
and "authorised sellers of poisons", can legally possess or sell Part I poisons.
Illegal possession or sale of Part I poisons or unregistered pharmaceutical
products constitutes an offence. The maximum penalty for each offence on
conviction is a fine of $100,000 and two years' imprisonment.
According to records, there are currently no nicotine-containing EC products
registered as pharmaceutical products in Hong Kong. Neither has the Department
of Health (DH) received any application for import of EC products containing
nicotine for sale in Hong Kong.
In addition, under section 3 of the Smoking (Public Health) Ordinance (Cap.
371), no person shall smoke or carry a lighted cigarette, cigar or pipe in a
no-smoking area, and "smoke" is defined as "inhaling and expelling the smoke of
tobacco or other substance." As such, smoking of EC or similar products in a
statutory no-smoking area constitutes an offence.
According to the school-based survey on smoking conducted by the School of
Public Health of the University of Hong Kong in 2012-13, about 1 per cent of
secondary school students had used EC. In order to gain a more in-depth
understanding of the use of EC in Hong Kong, we will include in the next round
of Thematic Household Survey on the pattern of smoking in Hong Kong a series of
questions relating to EC.
(2) From 2012 to June 2014, the DH received 35 complaints concerning EC, with
one convicted case of illegal sale of unregistered pharmaceutical products
involving nicotine-containing EC in the same period. The DH is concerned about
the sale of EC on the Internet or in stores, and will take follow-up actions and
conduct investigations. Appropriate legal actions will be taken where they are
evidences indicating sale of nicotine-containing EC.
Since 2011, Tobacco Control Inspectors of the DH have issued fixed penalty
notices of $1,500 to two people who smoked EC in statutory no-smoking areas.
(3) The DH is concerned and has been monitoring the trend for EC, particularly
on promotion targeting at the youth. Following a review of the scientific
evidence and some regulatory options of ENDS, the WHO compiled a report and put
forth suggestions for regulatory control of EC or related products in certain
suggested areas, including:
(a) health claims;
(b) use of ENDS in public places;
(c) advertising, promotion and sponsorship;
(d) protection from vested commercial interests;
(e) product design and information;
(f) health warnings; and
(g) sale to minors.
Parties to the WHO Framework Convention on Tobacco Control just met in
mid-October this year to discuss and examine the report. We will continue to
keep in view closely further developments and recommendations in this regard and
take appropriate follow-up actions to protect public health.
Ends/Wednesday, October 22, 2014
Issued at HKT 15:41
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