Following is a question by the Hon Chan Hoi-yan and a written reply by the Secretary for Health, Professor Lo Chung-mau, in the Legislative Council today (June 5):

Question:

     It has been reported that earlier on, there were overseas cases of kidney ailments and deaths after consuming health food products. While the company involved claimed that the products concerned had not been imported to Hong Kong, they may possibly appear in the market as parallel-imported products (parallel imports). Moreover, there are views that there is no well-established regulatory mechanism for health food products available in the market in Hong Kong, which are respectively regulated under various legislations such as the Pharmacy and Poisons Ordinance (Cap. 138), the Chinese Medicine Ordinance (Cap. 549) and the Undesirable Medical Advertisements Ordinance (Cap. 231). In this connection, will the Government inform this Council:

(1) given that in its reply to a question raised by a Member of this Council on April 24 this year, the Government indicated that it did not keep statistics on the number of health food products available in the market, of the reasons for that; whether it has plans to conduct the relevant statistical work;

(2) of the number of complaints related to health food products received by the Department of Health in the past three years and, among them, the respective numbers of cases in which warnings were issued and prosecutions were instituted;

(3) whether it (i) educated members of the public on the points to note when purchasing health food products, and (ii) assisted health food product manufacturers in understanding the contents of the relevant legislation and upgrading the quality of their products, in the past three years; if so, of the details, and whether it has plans to step up the relevant work;

(4) whether it has considered conducting a comprehensive review of the relevant regulation under Cap. 231 concerning health claims of health food products, so as to ensure that the ordinance can keep pace with the market development and protect the rights and interests of consumers; if so, of the details; if not, the reasons for that;

(5) in the light of the new means of shopping such as online shopping, shopping agents and parallel imports shops, of the work the Government will undertake to protect members of the public and prevent them from buying health food products with potential risks; and

(6) whether it has considered formulating a registration system or a similar mechanism for health food products, so as to delineate the responsibilities of manufacturers and importers, and facilitate the work of tracing and recalling in the event of occurrence of incidents; if so, of the details; if not, the reasons for that?

Reply:

President,

     In consultation with the Environment and Ecology Bureau, the Commerce and Economic Development Bureau, and the Department of Health (DH), the reply to the question raised by the Hon Chan Hoi-yan is as follows:

(1), (3), (4) and (6) There are many types of "health food products" with different ingredients and properties. The international community has no consistent definition and regulation of "health food products". Such products may contain different names, e.g. dietary supplements, nutraceuticals, natural health products. Indeed, the nature and risks associated with different types of "health food products" differ. Different regions have adopted various practices as to whether to adopt more specific regulatory regimes for "health food products". 

     The Hong Kong Special Administrative Region (HKSAR) Government has been adopting a multi-pronged strategy in regulating these products. In Hong Kong, depending on their individual nature, composition, content of the claims made, usage, dosage, packaging specifications, etc, such products are regulated under different legislations and respective government departments, including the Pharmacy and Poisons Ordinance (PPO) (Cap. 138), the Chinese Medicine Ordinance (CMO) (Cap. 549), the Undesirable Medical Advertisements Ordinance (UMAO) (Cap. 231), the Trade Descriptions Ordinance (TDO) (Cap. 362) and the Public Health and Municipal Services Ordinance (Cap. 132).

     Food in general is regulated under relevant provisions of the Public Health and Municipal Services Ordinance. The Centre for Food Safety under the Food and Environmental Hygiene Department, as the enforcement agency, carries out relevant work to ensure that relevant food is fit for human consumption, and is in compliance with relevant food safety standards and food labelling requirements. The relevant requirements also apply to those "health food products" which fall within the definition of "food".

     In addition, the claims of "health food products"in licensed broadcasting services are subject to regulation by the relevant provisions or codes under the Broadcasting Ordinance (Cap. 562) and the Broadcasting (Miscellaneous Provisions) Ordinance (Cap. 391). The Communications Authority will continue to take enforcement and regulatory actions in accordance with the relevant provisions and codes.

     Pharmaceutical products that fall within the definition under the PPO and proprietary Chinese medicine (pCm) under the CMO must comply with the respective regulatory requirements for safety, quality and efficacy and be registered before they can be sold and supplied in Hong Kong. The PPO and the CMO also stipulate the licensing and practicing requirements for drug dealers. The DH has a market surveillance mechanism in place to monitor the safety, efficacy and quality of drugs. To protect the public from being induced by medical or health claims and thereby seeking improper self-medication that may result in delay in seeking medical treatment, the Government also regulates the labelling and promotion of products with medical or health claims (including products that are not pharmaceutical product or pCm) through the UMAO. 

     To further regulate the advertisement and promotion of orally consumed products, the scope of regulation of the UMAO has been extended by the Government to cover the advertising of six groups of health claims (Note) specified in Schedule 4 since June 2012, thereby safeguarding public health. The Customs and Excise Department (C&ED), as the principal enforcement agency of the TDO, will take enforcement actions against unfair trade practices (including false trade descriptions) prohibited under the Ordinance. 

     The DH has all along been adopting a multi-pronged approach to disseminate safety messages about drugs (not including "health food products" that are not drugs) to the general public, the sector and other stakeholders through various channels, such as publicity, education, promotion, legislation and regulation, to strongly urge members of the public not to buy products of unknown or doubtful composition, or to consume products from unknown sources as their safety, quality and efficacy are not guaranteed. The approach includes issuing safety alerts and announcements on drugs which do not comply with the relevant requirements, preparing safety messages about the purchase and use of medicines, including "Be Cautious when Buying Medicines on Internet", "General Knowledge on Registered Medicines", and "Points to note when buying proprietary Chinese medicines", for consumers and upload to the websites of the Drug Office or the Chinese Medicine Regulatory Office. In addition, the DH conducts briefing sessions on the UMAO on a regular basis and has prepared the Guidelines on UMAO (including the Supplementary Guidelines on Regulation of Six Groups of Health Claims of Orally Consumed Products) and the Frequently Asked Questions for the trade’s reference on the Drug Office’s website.

    The Government will continue to closely monitor the latest international regulatory developments and the market situation for "health food products", conduct risk assessments and review the relevant legislation and regulatory arrangements in a timely manner. At this stage, the Health Bureau is of the view that, from the risk perspective, the safety of the products concerned has already been appropriately regulated under the prevailing framework, and that it would be more appropriate to strengthen relevant public education and publicity as well as the provision of information than to directly regulate the health claims of "health food products".

(2) & (5) As mentioned above, the HKSAR Government has been adopting a multi-pronged regulatory strategy, depending on their individual nature, composition, content of the claims made, usage, dosage, packaging specifications, etc, "health food products" are regulated under different legislations and respective government departments.

     The DH has been monitoring the safety, efficacy and quality of drugs (not including "health food products" that are not drugs) through an established market surveillance mechanism. The DH collects samples of products in the market from various channels (including the Internet) for drug-related testing. If a product is found to have failed to comply with relevant statutory requirements (such as not being registered, or being found to have quality defects or adulterated with harmful substances), the DH will issue a press release as soon as possible to safeguard public health. Upon receipt of reports of suspected contravention of drug-related ordinances, including suspected illegal sale or possession of unregistered pharmaceutical products or pCm, the DH will follow up on the cases immediately. If any contravention is found, the DH will take enforcement action and conduct joint enforcement operations with the C&ED or the Hong Kong Police Force, or refer the cases to other law enforcement departments for follow-up actions.

     In the past three years (from 2021 to 2023), the DH conducted about 27 410 inspections against Authorized Sellers of Poisons (commonly known as pharmacies) and Listed Sellers of Poisons (commonly known as medicine stores), and about 23 400 test purchase operations (which included about 16 800 test purchase operations against pharmacies). In addition, the DH also conducted a total of about 17 600 inspections against licensed Chinese herbal medicines retailers. During the same period, the DH handled 74 conviction cases involving unregistered pharmaceutical products, with the highest penalty of an imprisonment of 10 months or a fine of up to HK$70,000. There were also three other cases involving unregistered pCm, and the maximum fine was HK$6,000. The above 74 convictions involving unregistered pharmaceutical products included three cases in which the products claimed to be "health food products" were actually found to contain controlled drug ingredients. Furthermore, the DH has put in place an established mechanism to frequently monitor advertisements published via different media in Hong Kong and take enforcement actions against individuals who have breached relevant ordinances. In the past three years (from 2021 to 2023), the DH screened 128 365 advertisements and issued 1 344 warning letters.

     In addition, the DH has also established a surveillance mechanism against online sales platforms and social media platforms. In the past three years (from 2021 to 2023), the DH detected about 11 534 Internet links that might involve suspected illegal sale of controlled drugs and about 329 Internet links involving suspected illegal sale of unregistered pCm. The relevant platforms have removed the problematic links as requested by the DH.

     Other relevant bureaux and departments do not keep the information relating to "health food products" as mentioned in the questions.

Note: The six groups of claims included (1) prevention, elimination or treatment of breast lumps; (2) regulation of the function of the genitourinary system; (3) regulation of the endocrine system; (4) regulation of body sugar or glucose; (5) regulation of blood pressure; and (6) regulation of blood lipids or cholesterol.

     In response to the Japanese Government's plan to discharge nuclear-contaminated water at the Fukushima Nuclear Power Station, the Director of Food and Environmental Hygiene issued a Food Safety Order which prohibits all aquatic products, sea salt and seaweeds originating from the 10 metropolis/prefectures, namely Tokyo, Fukushima, Ibaraki, Miyagi, Chiba, Gunma, Tochigi, Niigata, Nagano and Saitama, from being imported into and supplied in Hong Kong.
 
     For other Japanese aquatic products, sea salt and seaweeds that are not prohibited from being imported into Hong Kong, the Centre for Food Safety (CFS) of the Food and Environmental Hygiene Department will conduct comprehensive radiological tests to verify that the radiation levels of these products do not exceed the guideline levels before they are allowed to be supplied in the market.
 
     As the discharge of nuclear-contaminated water is unprecedented and will continue for 30 years or more, the Government will closely monitor and step up the testing arrangements. Should anomalies be detected, the Government does not preclude further tightening the scope of the import ban.
 
     From noon on June 4 to noon today (June 5), the CFS conducted tests on the radiological levels of 239 food samples imported from Japan, which were of the "aquatic and related products, seaweeds and sea salt" category. No sample was found to have exceeded the safety limit. Details can be found on the CFS's thematic website titled "Control Measures on Foods Imported from Japan" (www.cfs.gov.hk/english/programme/programme_rafs/programme_rafs_fc_01_30_Nuclear_Event_and_Food_Safety.html).

     In parallel, the Agriculture, Fisheries and Conservation Department (AFCD) has also tested 50 samples of local catch for radiological levels. All the samples passed the tests. Details can be found on the AFCD's website (www.afcd.gov.hk/english/fisheries/Radiological_testing/Radiological_Test.html).
 
     The Hong Kong Observatory (HKO) has also enhanced the environmental monitoring of the local waters. No anomaly has been detected so far. For details, please refer to the HKO's website
(www.hko.gov.hk/en/radiation/monitoring/seawater.html).
 
     From August 24 to noon today, the CFS and the AFCD have conducted tests on the radiological levels of 56 727 samples of food imported from Japan (including 36 677 samples of aquatic and related products, seaweeds and sea salt) and 14 188 samples of local catch respectively. All the samples passed the tests.

     In response to the Japanese Government's plan to discharge nuclear-contaminated water at the Fukushima Nuclear Power Station, the Director of Food and Environmental Hygiene issued a Food Safety Order which prohibits all aquatic products, sea salt and seaweeds originating from the 10 metropolis/prefectures, namely Tokyo, Fukushima, Ibaraki, Miyagi, Chiba, Gunma, Tochigi, Niigata, Nagano and Saitama, from being imported into and supplied in Hong Kong.
 
     For other Japanese aquatic products, sea salt and seaweeds that are not prohibited from being imported into Hong Kong, the Centre for Food Safety (CFS) of the Food and Environmental Hygiene Department will conduct comprehensive radiological tests to verify that the radiation levels of these products do not exceed the guideline levels before they are allowed to be supplied in the market.
 
     As the discharge of nuclear-contaminated water is unprecedented and will continue for 30 years or more, the Government will closely monitor and step up the testing arrangements. Should anomalies be detected, the Government does not preclude further tightening the scope of the import ban.
 
     From noon on June 4 to noon today (June 5), the CFS conducted tests on the radiological levels of 239 food samples imported from Japan, which were of the "aquatic and related products, seaweeds and sea salt" category. No sample was found to have exceeded the safety limit. Details can be found on the CFS's thematic website titled "Control Measures on Foods Imported from Japan" (www.cfs.gov.hk/english/programme/programme_rafs/programme_rafs_fc_01_30_Nuclear_Event_and_Food_Safety.html).

     In parallel, the Agriculture, Fisheries and Conservation Department (AFCD) has also tested 50 samples of local catch for radiological levels. All the samples passed the tests. Details can be found on the AFCD's website (www.afcd.gov.hk/english/fisheries/Radiological_testing/Radiological_Test.html).
 
     The Hong Kong Observatory (HKO) has also enhanced the environmental monitoring of the local waters. No anomaly has been detected so far. For details, please refer to the HKO's website
(www.hko.gov.hk/en/radiation/monitoring/seawater.html).
 
     From August 24 to noon today, the CFS and the AFCD have conducted tests on the radiological levels of 56 727 samples of food imported from Japan (including 36 677 samples of aquatic and related products, seaweeds and sea salt) and 14 188 samples of local catch respectively. All the samples passed the tests.

     In response to the Japanese Government's plan to discharge nuclear-contaminated water at the Fukushima Nuclear Power Station, the Director of Food and Environmental Hygiene issued a Food Safety Order which prohibits all aquatic products, sea salt and seaweeds originating from the 10 metropolis/prefectures, namely Tokyo, Fukushima, Ibaraki, Miyagi, Chiba, Gunma, Tochigi, Niigata, Nagano and Saitama, from being imported into and supplied in Hong Kong.
 
     For other Japanese aquatic products, sea salt and seaweeds that are not prohibited from being imported into Hong Kong, the Centre for Food Safety (CFS) of the Food and Environmental Hygiene Department will conduct comprehensive radiological tests to verify that the radiation levels of these products do not exceed the guideline levels before they are allowed to be supplied in the market.
 
     As the discharge of nuclear-contaminated water is unprecedented and will continue for 30 years or more, the Government will closely monitor and step up the testing arrangements. Should anomalies be detected, the Government does not preclude further tightening the scope of the import ban.
 
     From noon on June 4 to noon today (June 5), the CFS conducted tests on the radiological levels of 239 food samples imported from Japan, which were of the "aquatic and related products, seaweeds and sea salt" category. No sample was found to have exceeded the safety limit. Details can be found on the CFS's thematic website titled "Control Measures on Foods Imported from Japan" (www.cfs.gov.hk/english/programme/programme_rafs/programme_rafs_fc_01_30_Nuclear_Event_and_Food_Safety.html).

     In parallel, the Agriculture, Fisheries and Conservation Department (AFCD) has also tested 50 samples of local catch for radiological levels. All the samples passed the tests. Details can be found on the AFCD's website (www.afcd.gov.hk/english/fisheries/Radiological_testing/Radiological_Test.html).
 
     The Hong Kong Observatory (HKO) has also enhanced the environmental monitoring of the local waters. No anomaly has been detected so far. For details, please refer to the HKO's website
(www.hko.gov.hk/en/radiation/monitoring/seawater.html).
 
     From August 24 to noon today, the CFS and the AFCD have conducted tests on the radiological levels of 56 727 samples of food imported from Japan (including 36 677 samples of aquatic and related products, seaweeds and sea salt) and 14 188 samples of local catch respectively. All the samples passed the tests.

     â€‹Following is a question by the Hon Regina Ip and a reply by the Secretary for Culture, Sports and Tourism, Mr Kevin Yeung, in the Legislative Council today (June 5):
 
Question:
 
     There are views that Hong Kong has the potential for developing island tourism with its outlying islands boasting beautiful natural scenery, rural landscape, numerous antiquities and monuments, as well as other traditional festive events. In this connection, will the Government inform this Council:
 
(1) given that the Government proposed in the Policy Address delivered last year to re-examine the planning of the ex-Lamma Quarry site, with the relevant study to be completed within this year, of the current progress of the study, and the expected time for publishing the finalised study report;
 
(2) as it is learnt that the development of outlying island tourism has been hindered due to rather backward infrastructure facilities including piers, roads and mobile communications facilities as well as inadequate hotel accommodation facilities, whether the Government has formulated measures and enhanced planning to expedite the improvement of supporting infrastructure, and encourage investment in hotels and resorts, etc; if so, of the details; if not, the reasons for that; and
 
(3) whether the Government has formulated measures to step up publicity on island tourism; if so, of the details; if not, the reasons for that, and whether it will formulate such measures in the future?
 
Reply:
 
President,

     Hong Kong is rich in natural tourism resources with many outlying islands surrounded by azure and clear water, allowing water activities and island tours. Some islands locating in the northeast part of the New Territories and Sai Kung have been designated as Hong Kong UNESCO Global Geopark. The Government follows the principles of nature conservation and sustainable development when actively promoting green tourism. The Tourism Commission (TC) has been implementing Yim Tin Tsai Arts Festival and Sai Kung Hoi Arts Festival since 2019, featuring an integration of arts with the islands (including Yim Tin Tsai, Sharp Island, Kau Sai Chau and High Island), allowing visitors to experience the natural landscape, history, culture and heritage of Sai Kung Hoi, revitalising the islands as well as the economic activities there. The third edition of Sai Kung Hoi Arts Festival will be held at the end of this year. Hong Kong's outlying islands also have rich and vivid resources of the intangible cultural heritage, such as the Tai O dragon boat water parade, Cheung Chau Jiao Festival, etc. We have been encouraging the trade to utilise these characteristics to develop more related itineraries and tourism products and continue to actively develop and promote island tourism, attracting locals and tourists to explore the scenery and culture of the outlying islands in Hong Kong.
 
     In respect of the question raised by the Hon Mrs Regina Ip, in consultation with the Development Bureau (DEVB), the Agriculture, Fisheries and Conservation Department (AFCD) and the Office of the Communications Authority (OFCA), the reply is as follows:
 
(1) The Ex-Lamma Quarry, which comprises a 20-hectare (ha) platform area, a 5-ha man-made lake, and a 1-kilometre shoreline, is located at the northern coast of Sok Kwu Wan. It is currently used by a non-governmental organisation under a short-term tenancy for non-profit making environmental education and wildlife activity centre. To make the best use and optimise the advantages of the site, the DEVB commenced a review in November last year. The Study will explore to optimise the use of the beautiful environment and man-made lake of the site, nearby villages, hiking trail, seafood street and the water body of Sok Kwu Wan, to develop the area for resort and out-door recreational uses to enhance island tourism. Since such development will need to upgrade the basic infrastructure facilities, we will explore to incorporate accommodation facilities such as resort hotel, high-end camping facilities and low-density residential use so as to enhance the commercial viability and market interest to participate in the development project. We will make recommendations on the direction of development, including land use and development model, within this year.
 
(2) The Government has been actively developing island tourism. The TC will play a co-ordinating role to facilitate private organisations or individuals to develop various tourism facilities, such as accommodation and dining, etc outlying islands. At the same time, the TC has been co-ordinating and promoting effective use of smart technology by individual bureaux/departments with a view to promoting smart tourism, as well as formulating and implementing measures to enhance visitors' travel experiences and strengthen Hong Kong's competitiveness as a major tourist destination. With respect to telecommunications infrastructure facilities on outlying islands and remote areas, the OFCA has been taking forward the Subsidy Scheme to Extend Fibre-based Networks to Villages in Remote Areas and expediting the expansion of mobile network infrastructure in rural and remote areas through subsidies to enhance the overall coverage of mobile network facilities.
 
     The Government is implementing a Pier Improvement Programme which aims to improve the external sea transportation of the remote areas in the outlying islands and the New Territories through the construction or reconstruction of public piers and the upgrading of facilities. The programme currently involves 23 piers, among which one has been completed, 10 are under construction and to be completed progressively from this year, and the remaining are in planning and engineering design stages. The Government has also been striving to enhance the public transport services for accessing to green attractions, including strengthening the kaito ferry services between Sai Kung and Kau Sai Village/High Island; and the new kaito ferry services between Sha Tau Kok (STK)/Ma Liu Shui/Tai Shui Hang and Lai Chi Wo/Ap Chau/Kat O.
 
     In recent years, the Government has also improved hiking trails on various outlaying islands, including Lantau Trail Section 2, Sharp Island Country Trail and the hiking trails in Ngong Ping area, and renovated the Ngong Ping Nature Centre. The improvement works on Lantau Trail Section 3 have also commenced.
 
     The Civil Engineering and Development Department (CEDD) proposes to make the best use of the natural and historical and cultural resources in the South Lantau (including Cheung Sha, Shui Hau, Shek Pik and Pui O), provide sustainable leisure and recreational facilities with different themes, enhance the land and water transport amenities in South Lantau (including a new pier at Cheung Sha) and provide accommodation facilities at Cheung Sha and Pui O, for example, beach campsite, quality holiday accommodation and glamping site. The CEDD will explore various implementation approaches, including inviting private developers/investors to participate in the projects. The CEDD has commenced a two-month public engagement on May 28 this year to collect views from the public.
 
(3) The Government actively promotes island tourism through different channels, introducing the distinctive characteristics of outlying islands to visitors. The TC has launched the Cultural and Heritage Sites Local Tour Incentive Scheme and the Characteristic Local Tourism Incentive Scheme consecutively to encourage the trade to develop more thematic in-depth tours and tourism products. Locations related to these outlying island tours include marine parks in Hoi Ha Wan and Tung Ping Chau as well as the natural islands such as Sharp Island and Yim Tin Tsai. The Government provided financial support to the Travel Industry Council of Hong Kong to organise the "Deeper into Hong Kong: Creative Itinerary Design Competition" in 2023 to encourage travel agents to design in-depth themed itineraries, including outlying island tour routes. We will continue to encourage the trade to develop more thematic tourism products.
 
     Besides, through its year-round promotional platform "Hong Kong Great Outdoors", the Hong Kong Tourism Board promotes green tourism products under the themes such as hiking and island hopping.

     The AFCD has also set up various land and sea tour routes and visitor centres, and promotes related attractions and transport information through social media, Internet and the "Enjoy Hiking" thematic website.

     In collaboration with relevant bureaux/departments, we will continue to promote the development of island tourism and utilise the valuable blue and green resources in Hong Kong; thereby implementing "Tourism is everywhere" concept. Thank you President.