LEGISLATIVE COUNCIL ─ 17 November 2010 2033 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 17 November 2010 The Council met at Eleven o'clock MEMBERS PRESENT: THE PRESIDENT THE HONOURABLE JASPER TSANG YOK-SING, G.B.S., J.P. THE HONOURABLE ALBERT HO CHUN-YAN IR DR THE HONOURABLE RAYMOND HO CHUNG-TAI, S.B.S., S.B.ST.J., J.P. THE HONOURABLE LEE CHEUK-YAN DR THE HONOURABLE DAVID LI KWOK-PO, G.B.M., G.B.S., J.P. THE HONOURABLE FRED LI WAH-MING, S.B.S., J.P. DR THE HONOURABLE MARGARET NG THE HONOURABLE JAMES TO KUN-SUN THE HONOURABLE CHEUNG MAN-KWONG THE HONOURABLE CHAN KAM-LAM, S.B.S., J.P. THE HONOURABLE MRS SOPHIE LEUNG LAU YAU-FUN, G.B.S., J.P. THE HONOURABLE LEUNG YIU-CHUNG DR THE HONOURABLE PHILIP WONG YU-HONG, G.B.S. 2034 LEGISLATIVE COUNCIL ─ 17 November 2010 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 ANDREW CHENG KAR-FOO THE HONOURABLE TIMOTHY FOK TSUN-TING, G.B.S., J.P. THE HONOURABLE TAM YIU-CHUNG, G.B.S., J.P. THE HONOURABLE ABRAHAM SHEK LAI-HIM, S.B.S., J.P. THE HONOURABLE LI FUNG-YING, S.B.S., J.P. THE HONOURABLE TOMMY CHEUNG YU-YAN, S.B.S., J.P. THE HONOURABLE FREDERICK FUNG KIN-KEE, S.B.S., J.P. THE HONOURABLE AUDREY EU YUET-MEE, S.C., J.P. THE HONOURABLE VINCENT FANG KANG, S.B.S., J.P. THE HONOURABLE WONG KWOK-HING, M.H. THE HONOURABLE LEE WING-TAT DR THE HONOURABLE JOSEPH LEE KOK-LONG, S.B.S., J.P. THE HONOURABLE JEFFREY LAM KIN-FUNG, S.B.S., J.P. THE HONOURABLE ANDREW LEUNG KWAN-YUEN, G.B.S., J.P. THE HONOURABLE CHEUNG HOK-MING, G.B.S., J.P. LEGISLATIVE COUNCIL ─ 17 November 2010 2035 THE HONOURABLE WONG TING-KWONG, B.B.S., J.P. THE HONOURABLE RONNY TONG KA-WAH, S.C. THE HONOURABLE CHIM PUI-CHUNG PROF THE HONOURABLE PATRICK LAU SAU-SHING, S.B.S., J.P. THE HONOURABLE KAM NAI-WAI, M.H. THE HONOURABLE CYD HO SAU-LAN THE HONOURABLE STARRY LEE WAI-KING, J.P. DR THE HONOURABLE LAM TAI-FAI, B.B.S., J.P. THE HONOURABLE CHAN HAK-KAN THE HONOURABLE CHAN KIN-POR, J.P. DR THE HONOURABLE PRISCILLA LEUNG MEI-FUN DR THE HONOURABLE LEUNG KA-LAU THE HONOURABLE CHEUNG KWOK-CHE THE HONOURABLE WONG SING-CHI THE HONOURABLE WONG KWOK-KIN, B.B.S. THE HONOURABLE IP WAI-MING, M.H. THE HONOURABLE IP KWOK-HIM, G.B.S., J.P. THE HONOURABLE MRS REGINA IP LAU SUK-YEE, G.B.S., J.P. DR THE HONOURABLE PAN PEY-CHYOU 2036 LEGISLATIVE COUNCIL ─ 17 November 2010 THE HONOURABLE PAUL TSE WAI-CHUN DR THE HONOURABLE SAMSON TAM WAI-HO, J.P. THE HONOURABLE ALAN LEONG KAH-KIT, S.C. THE HONOURABLE LEUNG KWOK-HUNG THE HONOURABLE TANYA CHAN THE HONOURABLE ALBERT CHAN WAI-YIP THE HONOURABLE WONG YUK-MAN MEMBERS ABSENT: THE HONOURABLE WONG YUNG-KAN, S.B.S., J.P. THE HONOURABLE PAUL CHAN MO-PO, M.H., J.P. PUBLIC OFFICERS ATTENDING: THE HONOURABLE JOHN TSANG CHUN-WAH, G.B.M., J.P. THE FINANCIAL SECRETARY THE HONOURABLE AMBROSE LEE SIU-KWONG, G.B.S., I.D.S.M., J.P. SECRETARY FOR SECURITY DR THE HONOURABLE YORK CHOW YAT-NGOK, G.B.S., J.P. SECRETARY FOR FOOD AND HEALTH THE HONOURABLE TSANG TAK-SING, G.B.S., J.P. SECRETARY FOR HOME AFFAIRS LEGISLATIVE COUNCIL ─ 17 November 2010 2037 THE HONOURABLE MATTHEW CHEUNG KIN-CHUNG, G.B.S., J.P. SECRETARY FOR LABOUR AND WELFARE MS JULIA LEUNG FUNG-YEE, J.P. SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY THE HONOURABLE EDWARD YAU TANG-WAH, J.P. SECRETARY FOR THE ENVIRONMENT CLERKS IN ATTENDANCE: MS PAULINE NG MAN-WAH, SECRETARY GENERAL MRS CONSTANCE LI TSOI YEUK-LIN, ASSISTANT SECRETARY GENERAL MRS VIVIAN KAM NG LAI-MAN, ASSISTANT SECRETARY GENERAL MRS PERCY MA, ASSISTANT SECRETARY GENERAL 2038 LEGISLATIVE COUNCIL ─ 17 November 2010 PRESIDENT (in Cantonese): Clerk, please ring the bell to summon Members to the Chamber. (After the summoning bell had been rung, a number of Members entered the Chamber) PRESIDENT (in Cantonese): The meeting starts. TABLING OF PAPERS The following papers were laid on the table under Rule 21(2) of the Rules of Procedure: Subsidiary Legislation/Instruments L.N. No. Minimum Wage Ordinance (Amendment of Schedule 3) Notice 2010............................................................ 145/2010 Minimum Wage Ordinance (Commencement) Notice 2010........................................................................ 146/2010 Minimum Wage Ordinance (Commencement) (No. 2) Notice 2010............................................................ 147/2010 Employment Ordinance (Amendment of Ninth Schedule) Notice 2010............................................................ 148/2010 Antiquities and Monuments (Declaration of Historical Buildings) Notice 2010 .......................................... 149/2010 Other Papers No. 29 ─ Hong Kong Housing Authority Annual Report 2009/10 No. 30 ─ Hong Kong Housing Authority Financial Statements for the year ended 31 March 2010 LEGISLATIVE COUNCIL ─ 17 November 2010 2039 No. 31 ─ Report of the Director of Audit on the Accounts of the Government of the Hong Kong Special Administrative Region for the year ended 31 March 2010 No. 32 ─ Report No. 55 of the Director of Audit on the results of value for money audits ─ October 2010 No. 33 ─ Accounts of the Government for the year ended 31 March 2010 Report No. 4/10-11 of the House Committee on Consideration of Subsidiary Legislation and Other Instruments ORAL ANSWERS TO QUESTIONS PRESIDENT (in Cantonese): Questions. First question. Regulation of Slimming Products 1. MS STARRY LEE (in Cantonese): President, it has been reported that new slimming products are replacing old ones on the market, and various types of slimming products boasting natural ingredients and effectiveness are promoted on quite a number of auction websites, discussion forums and personal blogs on the Internet, and the number of complaints received by the Consumer Council this year concerning sales of pharmaceutical products on the Internet has obviously increased compared with last year's, and all the complaints are related to slimming products sold on auction websites. It has also been reported that in the past six years, at least 73 persons had become ill and were hospitalized after consuming slimming products which claimed to be "all-natural" but were in fact adulterated with western drug ingredients. In tracing and analysing 66 cases of people hospitalized after taking slimming products during the period from 2004 to last year, the Hospital Authority (HA) Toxicology Reference Laboratory had revealed incidents in which one person died, one had to undergo liver transplant because of liver failure, and 16 had suffered from mental disorders due to consumption of slimming products that contained a western drug, sibutramine. In this connection, will the Government inform this Council: 2040 LEGISLATIVE COUNCIL ─ 17 November 2010 (a) of the number of complaints received by the Department of Health (DH) in each of the past three years concerning slimming products and the nature of these complaints, including the numbers of cases which involved products containing undeclared western drug ingredients or chemical substances and Internet sale of unregistered slimming products; how the DH had followed up on these complaints, of the numbers of persons arrested, the number of convicted cases and the penalties imposed; how many products claiming to be effective for slimming had been tested by the DH in each year during the same period, of the results of such tests and the number of products involving Internet sale; (b) whether there is at present legislation regulating exaggerated claims about the effectiveness of slimming products; if so, whether the Government had instituted prosecution pursuant to such legislation in the past three years; if not, whether the Government will review the current situation; and (c) given that the Report of the Review Committee on Regulation of Pharmaceutical Products in Hong Kong, submitted by the Government to the Panel on Health Services of this Council in January 2010, has proposed that the DH's Pharmaceutical Service should be expanded into a dedicated office on drugs to strengthen the DH's regulatory role in enhancing drug safety and in the long run, consideration will be given to expanding the office to become a "Centre for Drug Safety", of the latest progress of this initiative; whether the Government has plans to put regulation of slimming products within the ambit of the future Centre for Drug Safety; if so, of the details? SECRETARY FOR FOOD AND HEALTH (in Cantonese): President, (a) During the period between 2008 and October 2010, the DH received a total of 18 complaints in connection with slimming products. Of these 18 complaints, six involve illegal sale of prescription slimming drugs and the remaining 12 involve products with undeclared western drug ingredients. LEGISLATIVE COUNCIL ─ 17 November 2010 2041 After investigation, the DH did not find violation of any legislation in five of the six complaints involving illegal sale of prescription slimming drugs while the person involved in the other complaint was convicted of having violated the Pharmacy and Poisons Ordinance and fined $3,000. Among the 12 cases involving slimming products with undeclared western drug ingredients, follow-up action is being taken with the police in one of these cases. For the other 11 cases that have been handled, investigation revealed that the products in nine of these cases were found to contain sibutramine or its analogs whereas western drugs were not found in the products in the other two cases.