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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
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