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Hansard (English) LEGISLATIVE COUNCIL ─ 8 February 2006 4123 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 8 February 2006 The Council met at Eleven o'clock MEMBERS PRESENT: THE PRESIDENT THE HONOURABLE MRS RITA FAN HSU LAI-TAI, G.B.S., J.P. THE HONOURABLE JAMES TIEN PEI-CHUN, G.B.S., J.P. THE HONOURABLE ALBERT HO CHUN-YAN IR DR THE HONOURABLE RAYMOND HO CHUNG-TAI, S.B.ST.J., J.P. THE HONOURABLE LEE CHEUK-YAN THE HONOURABLE MARTIN LEE CHU-MING, S.C., J.P. DR THE HONOURABLE DAVID LI KWOK-PO, G.B.S., J.P. THE HONOURABLE FRED LI WAH-MING, J.P. DR THE HONOURABLE LUI MING-WAH, S.B.S., J.P. THE HONOURABLE MARGARET NG THE HONOURABLE MRS SELINA CHOW LIANG SHUK-YEE, G.B.S., J.P. THE HONOURABLE CHEUNG MAN-KWONG THE HONOURABLE CHAN YUEN-HAN, J.P. 4124 LEGISLATIVE COUNCIL ─ 8 February 2006 THE HONOURABLE BERNARD CHAN, J.P. THE HONOURABLE CHAN KAM-LAM, S.B.S., J.P. THE HONOURABLE LEUNG YIU-CHUNG THE HONOURABLE SIN CHUNG-KAI, J.P. DR THE HONOURABLE PHILIP WONG YU-HONG, G.B.S. THE HONOURABLE WONG YUNG-KAN, J.P. THE HONOURABLE JASPER TSANG YOK-SING, G.B.S., J.P. THE HONOURABLE HOWARD YOUNG, S.B.S., J.P. DR THE HONOURABLE YEUNG SUM THE HONOURABLE LAU KONG-WAH, J.P. THE HONOURABLE LAU WONG-FAT, G.B.M., G.B.S., J.P. THE HONOURABLE MIRIAM LAU KIN-YEE, G.B.S., J.P. THE HONOURABLE EMILY LAU WAI-HING, J.P. THE HONOURABLE CHOY SO-YUK, J.P. THE HONOURABLE ANDREW CHENG KAR-FOO THE HONOURABLE TAM YIU-CHUNG, G.B.S., J.P. THE HONOURABLE ABRAHAM SHEK LAI-HIM, J.P. THE HONOURABLE LI FUNG-YING, B.B.S., J.P. THE HONOURABLE TOMMY CHEUNG YU-YAN, J.P. THE HONOURABLE ALBERT CHAN WAI-YIP LEGISLATIVE COUNCIL ─ 8 February 2006 4125 THE HONOURABLE FREDERICK FUNG KIN-KEE, J.P. THE HONOURABLE AUDREY EU YUET-MEE, S.C., J.P. THE HONOURABLE VINCENT FANG KANG, J.P. THE HONOURABLE WONG KWOK-HING, M.H. THE HONOURABLE LEE WING-TAT THE HONOURABLE LI KWOK-YING, M.H. DR THE HONOURABLE JOSEPH LEE KOK-LONG THE HONOURABLE DANIEL LAM WAI-KEUNG, B.B.S., J.P. THE HONOURABLE JEFFREY LAM KIN-FUNG, S.B.S., J.P. THE HONOURABLE MA LIK, G.B.S., J.P. THE HONOURABLE ANDREW LEUNG KWAN-YUEN, S.B.S., J.P. THE HONOURABLE ALAN LEONG KAH-KIT, S.C. THE HONOURABLE LEUNG KWOK-HUNG DR THE HONOURABLE KWOK KA-KI DR THE HONOURABLE FERNANDO CHEUNG CHIU-HUNG THE HONOURABLE CHEUNG HOK-MING, S.B.S., J.P. THE HONOURABLE WONG TING-KWONG, B.B.S. THE HONOURABLE RONNY TONG KA-WAH, S.C. THE HONOURABLE CHIM PUI-CHUNG 4126 LEGISLATIVE COUNCIL ─ 8 February 2006 THE HONOURABLE PATRICK LAU SAU-SHING, S.B.S., J.P. THE HONOURABLE ALBERT JINGHAN CHENG THE HONOURABLE KWONG CHI-KIN THE HONOURABLE TAM HEUNG-MAN MEMBERS ABSENT: THE HONOURABLE JAMES TO KUN-SUN THE HONOURABLE MRS SOPHIE LEUNG LAU YAU-FUN, S.B.S., J.P. THE HONOURABLE LAU CHIN-SHEK, J.P. THE HONOURABLE TIMOTHY FOK TSUN-TING, G.B.S., J.P. PUBLIC OFFICERS ATTENDING: THE HONOURABLE MICHAEL SUEN MING-YEUNG, G.B.S., J.P. SECRETARY FOR HOUSING, PLANNING AND LANDS THE HONOURABLE JOSEPH WONG WING-PING, G.B.S., J.P. SECRETARY FOR COMMERCE, INDUSTRY AND TECHNOLOGY DR THE HONOURABLE PATRICK HO CHI-PING, J.P. SECRETARY FOR HOME AFFAIRS DR THE HONOURABLE SARAH LIAO SAU-TUNG, J.P. SECRETARY FOR THE ENVIRONMENT, TRANSPORT AND WORKS DR THE HONOURABLE YORK CHOW YAT-NGOK, S.B.S., J.P. SECRETARY FOR HEALTH, WELFARE AND FOOD LEGISLATIVE COUNCIL ─ 8 February 2006 4127 CLERKS IN ATTENDANCE: MR RICKY FUNG CHOI-CHEUNG, J.P., SECRETARY GENERAL MS PAULINE NG MAN-WAH, ASSISTANT SECRETARY GENERAL MRS JUSTINA LAM CHENG BO-LING, ASSISTANT SECRETARY GENERAL MR RAY CHAN YUM-MOU, ASSISTANT SECRETARY GENERAL 4128 LEGISLATIVE COUNCIL ─ 8 February 2006 TABLING OF PAPERS The following papers were laid on the table pursuant to Rule 21(2) of the Rules of Procedure: Subsidiary Legislation/Instruments L.N. No. Undesirable Medical Advertisements (Amendment) Ordinance 2005 (Commencement) Notice 2006....................................................... 16/2006 Employment (Increase in Penalty for Offences under Section 63C) Ordinance 2006 (Commencement) Notice..................................................... 17/2006 Road Traffic (Traffic Control) (Amendment) Regulation 2005 (Commencement) Notice ....................... 18/2006 Waste Disposal Ordinance (Amendment of Fourth Schedule) Notice 2006................................. 19/2006 Public Health (Animals and Birds) (Licensing of Livestock Keeping) (Amendment) Regulation 2006 ........... 20/2006 Other Papers No. 60 ─ Employees' Compensation Insurance Levies Management Board Annual Report 2004/2005 No. 61 ─ Employees Compensation Assistance Fund Board Annual Report 2004-2005 No. 62 ─ Occupational Deafness Compensation Board Annual Report 2004-2005 No. 63 ─ Pneumoconiosis Compensation Fund Board Annual Report 2004 LEGISLATIVE COUNCIL ─ 8 February 2006 4129 No. 64 ─ Report by the Controller, Government Flying Service on the Administration of the Government Flying Service Welfare Fund for the year ended 31 March 2005 No. 65 ─ Report by the Commissioner of Correctional Services of Hong Kong Incorporated on the Administration of the Correctional Services Department Welfare Fund for the year ended 31 March 2005 ORAL ANSWERS TO QUESTIONS PRESIDENT (in Cantonese): Members, today is the first Legislative Council meeting in the year of Bing-Xu. I wish you all good health, and fruits and achievements from your work. We will now start the meeting. Questions. First question. Use of Vaccines Unregistered in Hong Kong 1. MR ANDREW CHENG (in Cantonese): Madam President, in early December last year, some private clinics and medical centres operating as a conglomerate were found to have administered vaccines not registered in Hong Kong on people. In this connection, will the Government inform this Council: (a) whether the Department of Health (DH) has tracked down all the clinics and medical centres which acquired such vaccines and contacted all those who have been injected with such vaccines, and whether the DH has seized all such unused vaccines; (b) of the respective legislation or codes of practice breached by doctors of private clinics, persons-in-charge of medical centres and doctors employed by such centres for possessing or using pharmaceuticals which are not registered in Hong Kong, and the legal and professional consequences that they have to bear; whether the persons involved in the above vaccination incidents will be held liable; if so, of the details; and (c) whether it will take measures to prevent the recurrence of similar incidents; if so, of the details? 4130 LEGISLATIVE COUNCIL ─ 8 February 2006 SECRETARY FOR HEALTH, WELFARE AND FOOD (in Cantonese): Madam President, (a) As soon as coming to notice that some members of the public were administered flu vaccines which had not been registered in Hong Kong, the DH immediately contacted the relevant medical centres to find out the source of such vaccines, and inspected the clinics and medical centres implicated in the incident, including three private practice clinics and three medical groups. The DH seized all 1 347 doses of vaccines relevant to the incident. The DH also instructed the medical groups and private practice clinics concerned to contact all those who had been administered the above vaccines to see if they had experienced any adverse effects. Most of the clients have been contacted and no adverse effects were found to have developed after injection of these vaccines. There are still 13 persons who have not been contacted as these persons have not provided the medical centres/clinics concerned with valid contact details. Since the incident coming into light, the DH has been urging people who have been administered the concerned vaccines to get in touch with the medical centres/clinics. Up to the present moment, the DH has not received any reports of adverse effects relating to the injection of these flu vaccines. (b) Under the current Pharmacy and Poisons Ordinance, all pharmaceutical products for sale in Hong Kong including vaccines must first be registered with the Pharmacy and Poisons Board. Anyone who is in possession of any unregistered pharmaceutical products for the purpose of sale commits an offence and is liable on conviction to a maximum fine of HK$100,000 and to imprisonment for two years. As a statutory body tasked to regulate the professional standards and conduct of registered medical practitioners in Hong Kong, the Medical Council of Hong Kong (MCHK) issued a Professional Code and Conduct for the Guidance of Registered Medical Practitioners (the Professional Code) to ensure that members of the general public are provided with medical services which meet the required professional standards. The Professional Code requires medical practitioners to ensure that the drugs they prescribe and dispense are suitable for use by their LEGISLATIVE COUNCIL ─ 8 February 2006 4131 patients. The MCHK is vested with statutory powers to conduct disciplinary inquiries into any case of suspected violation of the Professional Code by medical practitioners and to impose punishments of different degrees to those medical practitioners who are found guilty of dereliction of professional responsibilities. The DH has just completed the investigation into the incident of unregistered vaccines. Advice is being sought from the Department of Justice on whether prosecution is to be instituted against those involved. If those prosecuted and convicted because of the above incident are medical practitioners, the DH will follow the established procedures to refer the case to the MCHK for follow-up actions to determine whether the medical practitioners involved have been in violation of the Professional Code. (c) As said earlier, under the current Pharmacy and Poisons Ordinance, all pharmaceutical products for sale in Hong Kong must first be registered with the Pharmacy and Poisons Board and possession for the purpose of sale of any unregistered pharmaceutical products is an offence.
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