The Department of Health, acting on information provided by Wen Wei Po, recently launched an enforcement operation in several pharmacies in the Cheung Sha Wan area alongside the police. A 51-year-old man was arrested for allegedly violating the Pharmacy and Poisons Ordinance. The arrested individual is suspected to be a staff member at a registered pharmacy involved in the illegal sale of controlled drugs, as exposed by Wen Wei Po.
According to public records, the pharmacy operates two branches on Castle Peak Road, managed by a father and his three sons. The father is a director of the older branch (Store A), while the three sons are directors of the newer branch (Store B). Typically, the father works as an employee at his sons' pharmacy, while the sons manage the father's pharmacy. Even during inspections by the Department of Health, the actual owner uses the excuse of not being present to evade responsibility. Records indicate that the store has a history of offenses; one branch was fined in 2012 for violating regulations regarding the sale of controlled drugs but continued to operate normally over the years.
The involved family owns two pharmacies on Castle Peak Road (old and new stores). The new store, with three sons as directors, was fined by the Kowloon City Magistrates' Court in 2012 for illegally selling controlled drugs. The company was fined HK$40,000, while the father, as an employee, was fined HK$12,000, with the son successfully evading responsibility by claiming he was not present during the incident.
Enforcement actions only target on-site staff
The previous penalties did not deter the family from continuing to operate their pharmacies similarly. It has been reported that government officials only prosecute the staff present when they conduct enforcement actions. If it is confirmed that the on-site employee illegally sold controlled drugs, that employee bears legal responsibility, and the pharmacy can also be fined.
Although the law stipulates a maximum fine of HK$100,000 and possible imprisonment, from 2020 to 2024, the Department of Health handled 32 cases involving pharmacies illegally selling prescription drugs, resulting in court convictions. The highest fine among these cases was HK$72,000 (for all charges combined), and some convicted individuals were sentenced to two months in prison, suspended for three years.
The law requires that registered pharmacies have a registered pharmacist on-site for at least two-thirds of the operating hours. During the investigation, a reporter from Wen Wei Po observed that although the older branch displayed a certificate for the pharmacist, the reporter had never encountered the pharmacist during several visits. On one occasion, when asked to see the pharmacist, the staff was evasive, suggesting that the legal requirements were effectively void.
A registered pharmacist has pointed out that this incident highlights serious gaps in the government's regulation of registered pharmacies, urging a comprehensive review of the regulatory system. He noted that Hong Kong currently has a two-tier regulatory system for drug retailers, divided into "pharmacies" and "drug stores," with only pharmacies displaying the "Rx" logo. These stores are registered under the Pharmacy and Poisons Ordinance and must have a registered pharmacist on duty to sell prescription medications (Category 1). However, the pharmacy in question falls under stricter regulation and higher registration standards for Rx pharmacies.
A repeating cycle of accountability
Pharmacy professionals criticize the current low barriers to entry for establishing pharmacies or drug stores in Hong Kong, effectively stating that "anyone with money can open one," leading to a mix of quality.
"Some merchants hire a registered pharmacist to meet legal requirements, but often prioritize profit, running the pharmacy with poor sales practices. If caught, they simply close down, only to reformulate with family members, repeating this cycle."
Pharmacy professionals suggest that the SAR Government amend the law to require that pharmacies be managed by a pharmacist as a director, legal entity, and responsible person. If a pharmacy is found to be operating unlawfully, the pharmacist as the legal entity would also face criminal liability. Such a record would impact their professional qualifications and could lead to license revocation, thereby ensuring stricter oversight of pharmacy practices.
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