LEGISLATIVE COUNCIL ─ 2 June 2010 8953 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 2 June 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. THE HONOURABLE WONG YUNG-KAN, S.B.S., J.P. 8954 LEGISLATIVE COUNCIL ─ 2 June 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, B.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 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, S.B.S., J.P. THE HONOURABLE CHEUNG HOK-MING, G.B.S., J.P. THE HONOURABLE WONG TING-KWONG, B.B.S., J.P. THE HONOURABLE RONNY TONG KA-WAH, S.C. LEGISLATIVE COUNCIL ─ 2 June 2010 8955 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 DR THE HONOURABLE LAM TAI-FAI, B.B.S., J.P. THE HONOURABLE CHAN HAK-KAN THE HONOURABLE PAUL CHAN MO-PO, M.H., J.P. 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 THE HONOURABLE PAUL TSE WAI-CHUN DR THE HONOURABLE SAMSON TAM WAI-HO, J.P. 8956 LEGISLATIVE COUNCIL ─ 2 June 2010 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 MEMBER ABSENT: THE HONOURABLE VINCENT FANG KANG, S.B.S., J.P. PUBLIC OFFICERS ATTENDING: THE HONOURABLE HENRY TANG YING-YEN, G.B.M., G.B.S., J.P. THE CHIEF SECRETARY FOR ADMINISTRATION THE HONOURABLE JOHN TSANG CHUN-WAH, J.P. THE FINANCIAL SECRETARY THE HONOURABLE STEPHEN LAM SUI-LUNG, G.B.S., J.P. SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS DR THE HONOURABLE YORK CHOW YAT-NGOK, G.B.S., J.P. SECRETARY FOR FOOD AND HEALTH THE HONOURABLE DENISE YUE CHUNG-YEE, G.B.S., J.P. SECRETARY FOR THE CIVIL SERVICE THE HONOURABLE TSANG TAK-SING, J.P. SECRETARY FOR HOME AFFAIRS THE HONOURABLE MATTHEW CHEUNG KIN-CHUNG, G.B.S., J.P. SECRETARY FOR LABOUR AND WELFARE LEGISLATIVE COUNCIL ─ 2 June 2010 8957 PROF THE HONOURABLE K C CHAN, S.B.S., J.P. SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY THE HONOURABLE MRS CARRIE LAM CHENG YUET-NGOR, J.P. SECRETARY FOR DEVELOPMENT THE HONOURABLE EVA CHENG, J.P. SECRETARY FOR TRANSPORT AND HOUSING MR GREGORY SO KAM-LEUNG, J.P. SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT CLERKS IN ATTENDANCE: MS PAULINE NG MAN-WAH, SECRETARY GENERAL MRS CONSTANCE LI TSOI YEUK-LIN, ASSISTANT SECRETARY GENERAL MRS JUSTINA LAM CHENG BO-LING, ASSISTANT SECRETARY GENERAL 8958 LEGISLATIVE COUNCIL ─ 2 June 2010 PRESIDENT (in Cantonese): Clerk, a quorum is not present. (After the summoning bell had been rung, a number of Members entered the Chamber) 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. Admission and Registration (Amendment) Rules 2010 .... 69/2010 Employment (Amendment) Ordinance 2010 (Commencement) Notice ....................................... 70/2010 Other Papers No. 97 ─ Supplemental Report of the Public Accounts Committee on Report No. 53 of the Director of Audit on the Results of Value for Money Audits (June 2010 ― P.A.C. Report No. 53A) Report No. 12/09-10 of the House Committee on Consideration of Subsidiary Legislation and Other Instruments ADDRESSES PRESIDENT (in Cantonese): Address. Dr Philip WONG will address the Council on the Public Accounts Committee's Report No. 53A. LEGISLATIVE COUNCIL ─ 2 June 2010 8959 Supplemental Report of the Public Accounts Committee on Report No. 53 of the Director of Audit on the Results of Value for Money Audits (June 2010 ― P.A.C. Report No. 53A) DR PHILIP WONG (in Cantonese): President, on behalf of the Public Accounts Committee (PAC), I table the PAC Report No. 53A (the Report). The Report is supplemental to the PAC Report No. 53 and contains the PAC's findings on the chapter "Control of western medicines" in the Director of Audit's Report No. 53 (the Audit Report). The PAC holds that the control of western medicines concerns the health of all members of the public in Hong Kong, so publishing a separate report on this subject brooks no delay. The PAC hopes that the Administration can make improvements expeditiously in respect of the various shortcomings and deficiencies identified in the Audit Report. I now succinctly report the conclusions made by the PAC. The PAC considers that the Department of Health (DH) must effectively discharge its duty to ensure the safety, efficacy and quality of medicines marketed in Hong Kong, as the Hong Kong public will be exposed to potential health and safety risks if medicines are not properly regulated. Nevertheless, the Audit Report has revealed that the existing regulatory regime allows some unregistered medicines to be distributed for sale or consumption purposes in Hong Kong; the inspections of dealers' activities and law-enforcement actions conducted by the DH are ineffective while there are inadequacies in the DH's procedures for medicine testing, the monitoring of medicine recalls and issuance of public alerts, as well as its prosecutions and disciplinary actions against dealers. Besides, the Food and Health Bureau and the DH have along disregarded the above situations. It was only after the occurrence of a series of incidents involving unsafe and unregistered medicines in early 2009 that the Administration took actions to step up the control of medicines and establish the Review Committee on Regulation of Pharmaceutical Products in Hong Kong (the Review Committee) to undertake a comprehensive review of the existing regime for the regulation and control of medicines. This indicates that the Secretary for Food and Health and the Director of Health have failed to attach sufficient importance to the regulation and control of medicines. In this connection, the PAC expresses grave dismay and finds this unacceptable. 8960 LEGISLATIVE COUNCIL ─ 2 June 2010 The PAC is particularly concerned about the various irregularities identified in the Audit Report regarding unregistered medicines imported for re-export purposes, including the DH's failure to take adequate regulatory measures to keep track of the movement of medicines imported for re-export purposes. In the absence of adequate regulatory measures, some unregistered medicines can be sold illegally in Hong Kong. Besides, even though the DH was aware of the risks associated with the importation of unregistered medicines for re-export purposes as early as in 1999, it had not plugged the loopholes in regulation after such a long time and the proposal of introducing legislative amendments to step up monitoring in this regard had not been implemented by the authorities. During the nine years between 2001 and 2009, no progress had been made by the authorities in the submission of proposals on legislative amendments to the Legislative Council. At the same time, although the DH decided in 1999 not to follow up the proposal of devising a computer system to monitor the import and export of medicines, over the past decade, it had failed to further explore the feasibility of computerization in the light of the development of information technology. If the above irregularities are taken as isolated incidents, their impact may not be regarded as very serious. However, when taken together, the various irregularities indicate that the DH has failed to discharge its duties effectively to ensure the safety of medicines. The PAC considers that the Director of Health is to blame and condemns him in this respect. Besides, the PAC considers the deficiencies in the DH's inspections and law-enforcement actions inexplicable and unacceptable. We also opine that the inadequacies and various loopholes in the DH's procedures for medicine testing, the monitoring of medicine recalls and issuance of public alerts reflect that although this area of work is an integral part of the regulatory regime for ensuring the safety of medicines, the DH has not accorded a high priority to it.