Man arrested on suspicion of illegally selling topical eczema product with undeclared controlled drug ingredients
The Department of Health (DH) today (March 26) carried out an enforcement operation with the Police against the suspected illegal sale of a topical product containing undeclared controlled medicines on the Internet, claiming that the product could be used to treat eczema. During the operation, a 42-year-old man was arrested on suspicion of the illegal sale of Part 1 poison and an unregistered pharmaceutical product.
Acting upon a complaint, a sample of the product was purchased from an eczema group on a social media platform for analysis. Test results from the Government Laboratory revealed that the sample contained clobetasol propionate, ketoconazole and miconazole, which are Part 1 poisons under the Pharmacy and Poisons Ordinance (Cap. 138). The product, unlabeled, is also suspected to be an unregistered pharmaceutical product. The DH's investigation is still in progress.
Clobetasol propionate is a steroid substance for treating inflammation. Inappropriate application of steroids could cause skin problems and systemic side effects such as moon face, high blood pressure, high blood sugar, adrenal insufficiency and osteoporosis. Ketoconazole and miconazole are antifungal substance used to treat fungal infections with side effects including local irritation and sensitivity reactions.
Topical products containing ketoconazole and miconazole should be supplied in the premises of an Authorized Seller of Poisons (i.e. a pharmacy) under the supervision of a registered pharmacist, while products containing clobetasol propionate are prescription medicines that should be used under a doctor's directions and be supplied in a pharmacy under the supervision of a registered pharmacist upon a doctor's prescription.
According to the Ordinance, all pharmaceutical products must be registered with the Pharmacy and Poisons Board of Hong Kong before they can be sold in the market. Illegal sale or possession of unregistered pharmaceutical products or Part 1 poisons are criminal offences. The maximum penalty on conviction of each offence is a fine of $100,000 and two years' imprisonment.
The DH strongly urged members of the public not to buy or use products of doubtful composition or from unknown sources. All registered pharmaceutical products should carry a Hong Kong registration number on the package in the format of "HK-XXXXX". The safety, quality and efficacy of unregistered pharmaceutical products are not guaranteed.
People who suspect that they have purchased the product concerned should stop using it immediately and consult healthcare professionals if in doubt or feeling unwell after use. They may submit the product to the Drug Office of the DH at Room 1804-06, 18/F, Wing On Kowloon Centre, 345 Nathan Road, Kowloon, during office hours for disposal.
Speech by SJ at opening ceremony of 22nd Willem C Vis East International Commercial Arbitration Moot
Following is the speech by the Secretary for Justice, Mr Paul Lam, SC, at the opening ceremony of 22nd Willem C Vis East International Commercial Arbitration Moot today (March 30):
Ms Barrington (Director of the Vis East Moot Foundation, Ms Louise Barrington), Ms Tung (Deputy Director of the Vis East Moot Foundation, Ms Sherlin Tung), distinguished guests, ladies and gentlemen,
Good evening. On behalf of the Department of Justice of Hong Kong (DoJ), it is my great pleasure to welcome you all to the 22nd Willem C. Vis (East) International Commercial Arbitration Moot (Moot). For those coming from other jurisdictions, a very big and warm welcome to Hong Kong. I would like to start by thanking the Vis East Moot Foundation for holding the Moot in Hong Kong again this year.
I am very delighted to learn that over 1 500 students and coaches from 154 university teams around the world will participate this year. I also wish to extend another very warm welcome to over 400 arbitrators for joining us. This Moot is more than just a competition. It is a platform for gaining knowledge in international arbitration and trade law, while honing the legal and advocacy skills of our young legal talents.
I understand that the Moot will focus on the use of international commercial arbitration to resolve international commercial disputes, and involves the harmonised legal texts of UNCITRAL (United Nations Commission on International Trade Law) including the CISG (United Nations Convention on Contracts for the International Sale of Goods) and the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, both of which apply to Hong Kong. This demonstrates Hong Kong’s commitment to adopting established international commercial law and practices.
Hong Kong is a leading international financial, commercial and trading centre well known for its strong rule of law, independent judiciary, and well-established legal framework. Under the important principle of "one country, two systems", Hong Kong is the only common law jurisdiction within China. Our unique legal system is bilingual in both Chinese and English, which enable people and friends from around the world to navigate with ease. And it provides very strong legal protection to cross-border business transactions and investments, which helps to establish Hong Kong as a deal-making, legal,and dispute resolution services hub.
Hong Kong is and has always been one of the most preferred seats of arbitration in the world. Arbitral awards made in Hong Kong are generally recognised and enforced by the local courts, the Mainland courts and in over 170 Contracting Parties to the New York Convention. In addition, Hong Kong is the first and only common law jurisdiction outside the Mainland where, as a seat of arbitration, parties to arbitral proceedings administered by designated arbitral institutions would be able to apply to the Mainland courts for preservation measures. An award creditor of a Hong Kong arbitral award may also make simultaneous enforcement applications to both the Mainland and Hong Kong courts.
To further facilitate the conduct of arbitrations in Hong Kong, starting from March 1, 2025, the Hong Kong Government has regularised the Pilot Scheme on Facilitation for Persons Participating in Arbitral Proceedings, now known as the Immigration Facilitation Scheme for Persons Participating in Arbitral Proceedings in Hong Kong. This initiative enables eligible visitors to participate in arbitration in Hong Kong without requiring any employment visa. Hong Kong launched the Scheme back in 2020 on a short-term basis. The arbitration community has been supportive of the Scheme since its launch, finding it conducive to maintaining Hong Kong’s competitiveness as an international legal and dispute resolution services centre. The streamlined process under the Scheme covers arbitrators, experts and factual witnesses, parties to the arbitration, parties’ representatives, and other persons directly related to or involved in the arbitration such as tribunal secretaries, tribunal-appointed experts. The DoJ will issue a Guidance Note on the Scheme to the relevant arbitral and dispute resolution institutions soon. I really look forward to seeing many of you coming to Hong Kong to participate in international arbitration in future.
To conclude, I wish each and everyone of you a rewarding mooting experience and a very fruitful stay in Hong Kong. Please do seize this opportunity not only to showcase your advocacy skills but also to forge connections and explore the vast possibilities and opportunities Hong Kong offers, including our fascinating food and drinks and entertainment. Let us look forward to another successful year of the Moot! Thank you very much!
Speech by SJ at opening ceremony of 22nd Willem C Vis East International Commercial Arbitration Moot Source: HKSAR Government Press Releases