LCQ11: Regulation of cross-boundary medical advertisements
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Question:
There are views that with the accelerated development of healthcare integration in the Guangdong-Hong Kong-Macao Greater Bay Area, a number of advertisements placed by non-local medical institutions have appeared on the local market and online platforms. However, some advertisements vary in the standards of disclosure concerning service efficacy and risks, and members of the public may face issues relating to consumer or medical rights and interests when seeking medical consultations outside Hong Kong based on such information, which may even pose potential safety hazards. In this connection, will the Government inform this Council:
(1) of the respective numbers of advertisements involving non-local healthcare services screened by the Department of Health and the Customs and Excise Department over the past three years; among such cases, the number of those prosecuted for suspected contravention of the Undesirable Medical Advertisements Ordinance (Cap. 231) or the Trade Descriptions Ordinance (Cap. 362);
(2) as there are views that while locally registered healthcare personnel, bound by the Medical Council of Hong Kong's Code of Professional Conduct or the Dental Council of Hong Kong's Code of Professional Discipline, are in principle prohibited from soliciting business through advertising, non-local institutions are not subject to such ethical restrictions, resulting in discrepancies in marketing regulations between the two, whether the Government will review the application of existing legislation to non-local medical advertisements and optimise the regulatory mechanism; if so, of the details; if not, the reasons for that;
(3) given that the country's Measures for the Administration of Medical Advertisements apply only to advertisements within the Mainland and do not directly regulate Mainland institutions' marketing in Hong Kong, whether the Government will establish interface and notification mechanisms with relevant Mainland authorities (e.g. the State Administration for Market Regulation or the National Health Commission) to jointly regulate cross-boundary marketing; if so, of the details; if not, the reasons for that;
(4) as there are views that the healthcare regulatory systems of Hong Kong and the Mainland are independent of each other, and members of the public seeking cross-boundary medical consultations may find it difficult to seek assistance should they encounter issues relating to consumer or medical rights and interests, whether the Government will explore with relevant Mainland authorities the establishment of a case referral or interface mechanism for cross-boundary medical disputes, and provide members of the public with clear guidelines on protecting rights and interests in cross-boundary medical care; if so, of the details; if not, the reasons for that; and
(5) of the specific measures in place to step up the provision of objective medical risk alerts, information guidelines as well as health education and publicity to members of the public who wish to seek medical consultations outside Hong Kong?
Reply:
President,
In response to Dr the Hon Hoey Simon Lee's question, the consolidated reply to parts (1) to (5) of the question after consultation with the Commerce and Economic Development Bureau and the Department of Health (DH) is as follows:
Medical services are a matter of life and health for the public. Hong Kong has a comprehensive regulatory system in place to ensure that members of the public can obtain appropriate and quality professional medical services in Hong Kong.
All healthcare professionals under statutory regulation in Hong Kong must comply with the relevant registration ordinances and the codes of professional conduct formulated by the relevant statutory boards and councils of the professions. These boards and councils generally require in their codes that registered persons maintain accuracy, objectivity and impartiality when providing medical information or services, without exaggerating or making misleading statements, nor soliciting patients or engaging in commercial promotion. In the event of breach of the codes, the relevant boards and councils may initiate disciplinary proceedings to uphold professional integrity and public trust.
In addition, to prevent members of the public from seeking improper treatment for certain health conditions and thereby delaying proper diagnosis and treatment, the Undesirable Medical Advertisements Ordinance (Cap. 231) prohibits or restricts the publication of advertisements likely to lead to the use of any medicine, surgical appliance or treatment for the purpose of preventing or treating the diseases or conditions specified in Schedules 1 and 2 to Cap. 231 (including any benign or malignant tumour, parasitic disease or respiratory illness). The Undesirable Medical Advertisements Ordinance also prohibits or restricts the making of the six groups of claims specified in Schedule 4 (including regulating blood sugar or glucose, blood pressure, blood lipids or cholesterol) in advertisements for orally consumed products.
At present, all advertisements published in Hong Kong, irrespective of whether the medical services to which their contents relate are provided locally or outside Hong Kong, must comply with the Undesirable Medical Advertisements Ordinance. The DH has all along been actively screening medical advertisements published in Hong Kong, which includes advertisements that promote medical services outside Hong Kong. From January 2023 to September 2026, the DH reviewed over 150 000 advertisements published across various media in Hong Kong (including newspapers, magazines, leaflets, signs, posters, as well as radio, television and internet), and issued over 1 600 warning letters concerning advertisements suspected of contravening Cap. 231. Among them, there were nine warning letters related to advertisements promoting medical services outside Hong Kong. The concerned advertisements have all been removed upon the issuance of warning letters by the DH. For cases where the relevant advertisement contents are still not removed or deleted upon receipt of warning letters, the DH will initiate prosecution proceedings based on its mechanism. Upon first conviction, an offender is liable to a fine of $50,000 and imprisonment for six months; upon a subsequent conviction for the same offence, an offender is liable to a fine of $100,000 and imprisonment for one year. Furthermore, if the promotion of services to consumers in Hong Kong involves unfair trade practices such as false trade descriptions, misleading omissions or bait advertising, Hong Kong Customs may follow up under the Trade Descriptions Ordinance (Cap. 362). The Trade Descriptions Ordinance does not apply to services not provided in Hong Kong.
The Government will from time to time examine the scope and enforcement of the Undesirable Medical Advertisements Ordinance, and study whether there is a need to further optimise the provisions with a view to more effectively regulating medical advertisements. In the course of the examination, the Government will make reference to the regulatory experience of other places and take into account the views of the trade and the community, and has to carefully balance a range of considerations at the same time, including the need to protect public health, the right of members of the public to access information, as well as the proportionality and enforceability of regulatory measures.
Where to receive medical services is a personal choice. Hong Kong residents may elect to receive medical services outside Hong Kong, and non-Hong Kong residents may also elect to come to Hong Kong for consultation and treatment. Irrespective of where patients come from, medical services provided in Hong Kong must comply with the laws and professional regulatory requirements of Hong Kong. On the other hand, medical services provided outside Hong Kong are regulated by the local regulatory authorities in accordance with the local laws and regulations. If members of the public elect to receive medical services outside Hong Kong, they should take note of the relevant local regulations and fully understand the necessity, risks, follow-up arrangements and total costs of the treatment, and retain relevant documents such as medical history, bills and written consent.
The DH has established liaison and notification mechanisms with the relevant Mainland authorities to exchange information on irregularities and, where necessary, to notify individual cases, so that both places can take follow-up action in accordance with the law within the respective purviews.
As regards consumer disputes, the Consumer Council has established a mechanism for referral of cross-boundary complaints through signing Memoranda of Understanding with consumer protection bodies of other places, including Macao and more than 30 Chinese Mainland provinces and cities. Upon receiving a complaint regarding cross-boundary consumption, the Council will refer the case to the relevant consumer protection body for follow-up as per established practice. The Council will continue to work with consumer protection bodies on the Mainland to strengthen public education work, with a view to helping consumers from both places gain deeper understanding on the matters to be aware of when engaging in cross-boundary consumption, as well as the current referral mechanism for cross-boundary complaints.
Ends/Wednesday, October 21, 2026
Issued at HKT 15:00
Issued at HKT 15:00
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