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Following is a question by the Hon Starry Lee and a written reply by the Secretary for Food and Health, Dr Ko Wing-man, in the Legislative Council today (January 9):
Question:
It has been reported that as the retail prices of health food products such as vitamins and glucosamine sold in the United States and Canada are only 30% of those in Hong Kong, quite a number of Hong Kong people take the opportunity to make bulk purchase of them when they travel to such places or visit relatives there. Apart from personal consumption, they also give these health food products to their relatives or friends as souvenirs, or even resell them or barter them with other goods on the Internet. Yet, such acts may constitute the offences of possession or sale of unregistered pharmaceutical products under the Pharmacy and Poisons Ordinance (Cap. 138), and persons convicted of such offences are liable to a fine of HK$100,000 and imprisonment for two years. On the other hand, some members of the public have queried that the milk powder of certain brands in the market contains glucosamine and its concentration is not lower than those of health food products, but such milk powder is not subject to the relevant regulation. In this connection, will the Government inform this Council:
(a) of the number of cases in which persons in possession of either of the above two types of health food products were prosecuted under the aforesaid ordinance, the number of persons convicted and the penalties imposed on them, in the past three years, together with a breakdown of persons convicted by the purposes of possessing such health food products (giving to relatives or friends as gifts, delivering to others who asked them to purchase such products on their behalf, or reselling), as well as the average quantity in possession;
(b) whether the authorities will step up publicity efforts, including reminding inbound travelers not to give to others as gifts, deliver to others who asked them to purchase on their behalf, or resell the above types of health food products bought overseas which are unregistered pharmaceutical products in Hong Kong, so as to prevent members of the public from inadvertently breaching the law; if they will, of the details; if not, the reasons for that;
(c) of the criteria under which the authorities classify products containing glucosamine and in a pharmaceutical dosage form as pharmaceutical products; whether this is the international practice?
Reply:
President,
Under the Pharmacy and Poisons Ordinance (Cap 138) (PPO), "pharmaceutical product" and "medicine" mean any substance or mixture of substances manufactured, sold, supplied or offered for sale or supply for use in-
(a) the diagnosis, treatment, mitigation, alleviation or prevention of disease or any symptom thereof;
(b) the diagnosis, treatment, mitigation, alleviation of any abnormal physical or physiological state or any symptom thereof;
(c) altering, modifying, correcting or restoring any organic function,
in human beings or in animals.
As stipulated under the PPO, pharmaceutical products for sale in Hong Kong must be registered with the Registration Committee under the Pharmacy and Poisons Board, in order to prove that the products have met the requirements of safety, quality and efficacy. Any person who sells, distributes or possesses for the purposes of other use any unregistered pharmaceutical product commits an offence and is liable on conviction to a maximum fine of HK$100,000 and imprisonment for two years.
My reply to the various parts of the question is as follows:
(a) In the past three years, there were a total of 23 cases of successful conviction for possession of unregistered vitamins or glucosamine products in contravention of Regulation 36 of the Pharmacy and Poisons Regulations (Cap. 138A). Fines meted out in these cases ranged from $1,500 to $15,000.
(b) The website of the Drug Office under the Department of Health (DH) (www.drugoffice.gov.hk) contains information related to purchase and sale of pharmaceutical products and on matters that the public should pay attention to when they purchase medicines overseas for self use. We will step up education and publicity in this respect, including distributing educational pamphlets to outbound and inbound travelers as well as publicity on the website of the Travel Health Service under DH.
(c) According to scientific literature and records, glucosamine can relieve symptoms of arthritis. Glucosamine products in pharmaceutical dosage form (e.g. tablets, capsules etc.) that are on sale in the market fall within the definition of pharmaceutical product under the PPO and must be registered with the Registration Committee before they can be sold legally in Hong Kong.
While glucosamine is listed as a pharmaceutical product in Hong Kong, products containing glucosamine in pharmaceutical dosage form are also subject to regulation as medicines in many countries, such as Australia, Canada, Italy, Ireland and the United Kingdom etc.
Ends/Wednesday, January 9, 2013
Issued at HKT 15:20
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