LCQ17: Chinese medicinal products containing ingredients from bear gall bladders
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     Following is a question by the Hon Audrey Eu and a written reply by the Secretary for Food and Health, Dr York Chow, in the Legislative Council today (March 28):

Question:

     Recently, the practice of some mainland companies engaged in the research and development of bear bile products of collecting bear bile by extracting bile from live bears for making Chinese medicinal products has aroused discussion among the international media, which allege that such means of extraction is extremely cruel.  In this connection, will the Government inform this Council:

(a) of the current number of registered proprietary Chinese medicines (pCm) in Hong Kong that contain ingredients from bear bladders; whether it knows if such products include those made from bear bile extracted from live bears; if it knows, of the details; if not, the reasons for that; whether it will require holders of Certificate of Registration of pCm to provide the relevant information;

(b) of the current number of Chinese medicine traders who possess or are engaged in the retail and wholesale trade of Chinese herbal medicines that contain ingredients from bear bladders; whether it knows if such Chinese herbal medicines include those made from bear bile extracted from live bears; if it knows, of the details; if not, the reasons for that; whether it will require Chinese medicine traders to provide the relevant information;

(c) whether traders can import and export Chinese herbal medicines, pCm or related products that contain ingredients from bear bladders under the existing legislation; whether it knows if any trader is engaged in the import and export of Chinese herbal medicines, pCm or related products made from bear bile extracted from live bears; if it knows, of the details; if not, the reasons for that; whether it will require the importers and the exporters to provide the relevant information; and

(d) whether it will introduce legislation to ban the possession, import/export, retail and wholesale of Chinese herbal medicines made from bear bile extracted from live bears?

Reply:

President,

     In Hong Kong, the import and export of Chinese herbal medicines, proprietary Chinese medicines and related products that contain ingredients from bear gall bladders are subject to control under the Protection of Endangered Species of Animals and Plants Ordinance (Cap. 586), which aims to give effect in Hong Kong to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).  The objective of 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.

     The import, introduction from the sea, export, re-export or possession of specimens of species listed in its Appendix I and Appendix II are subject to control under the Protection of Endangered Species of Animals and Plants Ordinance irrespective of whether they are alive, dead, parts or derivatives (including medicines) of the species.

     At present, bears of all species are endangered species listed in the Appendixes to CITES, with some listed in Appendix I, and others listed in Appendix II.  Under the above Ordinance, a total ban is generally imposed on the import, introduction from the sea, export, re-export, or possession for commercial purpose, of specimens of Appendix I species.  Where Chinese herbal medicines, proprietary Chinese medicines and products containing ingredients of species listed in Appendix II are to be imported into Hong Kong, they must be accompanied by a CITES permit issued by the exporting country for inspection by an authorised officer at the time of their arrival in Hong Kong.  For such items to be exported from Hong Kong, an export permit must be obtained in advance from the Agriculture, Fisheries and Conservation Department.

     It is stipulated in the Chinese Medicine Ordinance (Cap. 549) that all products that fall within the definition of proprietary Chinese medicine must be registered before they can be imported, manufactured or sold in Hong Kong.  In order to register, all proprietary Chinese medicines must meet the registration requirements prescribed by the Chinese Medicine Board under the Chinese Medicine Council regarding their safety, quality and efficacy.  Currently, there are some 20 proprietary Chinese medicines containing ingredients from bear gall bladders and they are under transitional registration.

     As for Chinese herbal medicines, the Chinese Medicine Ordinance has listed in Schedules 1 and 2 Chinese herbal medicines which are more commonly used in Hong Kong; the import/export, possession, wholesale and retail sale of these herbal medicines are subject to control under the Ordinance.  "Bear bladders" are seldom sold in the form of Chinese herbal medicine in Hong Kong, and not included in the Schedules.

Ends/Wednesday, March 28, 2012
Issued at HKT 12:11

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