HONG KONG: The Panel on Health Services hopes to impress the court with the need to impose stiffer sentences on violators of drug ordinances by emphasizing the gravity of failures in terms of the public interest.

The Review Committee on the Regulation of Pharmaceutical Products recommends providing the court guidance on appropriate penalties. The Department of Health will then keep track of the penalties assessed to determine whether there is a need to review the maximum penalty.

The panel observes that while penalties for retailers, wholesalers and distributors who break the law can be as high as HK$100,000 and two years' imprisonment, in more than sixty percent of cases courts assessed fines at the lower end - around HK$5,000.

The plan is part of an effort by authorities to tighten regulations over the pharmaceutical industry after a series of blunders last year that cost the lives of five hospital patients.

The panel also wants convicted offenders to pay laboratory costs for the testing of drug samples.

Director of Health Lam Ping-yan said that the analytical costs could be as high as HK$200,000.

"About HK$1,000 to HK$2,000 would be needed to analyse one kind of drug. If 100 drugs are related in the case, they are required pay about HK$200,000," Lam said. "We hope this extra cost can act as a deterrent effect."

Kenneth Lee Kwing-chin, professor of the school of pharmacy of Chinese University of Hong Kong said having the people in the drugs sector shoulder the costs of analyzing the samples concerned can help stop those who intend to violate the law.

"To prevent malpractices of the drug dispensaries, it depends very much on how tight the laws are imposed and the professionalism of the pharmacists," Lee said. "If the owner of the drug dispensary would be asked to shoulder the analytical costs of the exhibits, it can work as a deterrent effect financially."

Lee suggested more inspection of the drug dispensaries should be ordered by the government to fight against the malpractices.

Lam said it is expected that the legislation of the new set of penalties would be put to the Legislative Council for discussion in 2011.

(HK Edition 01/12/2010 page1)