Basic information
Outline of the system
Licences are required for import of proprietary Chinese medicines and 36 Chinese herbal medicines. These import measures are applied for protection of public health. Import licences are issued by the Department of Health under delegation from the Trade and Industry Department.
Product coverage
Proprietary Chinese medicines and 36 Chinese herbal medicines
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
The import licensing system is for protection of public health.
Products under restriction as to the quantity or value of imports
The principal objective of the import licensing system is not to restrict the quantity or value of imports, but for protection of public health.
Questions for products under restriction as to the quantity or value of imports
Not applicable as the import licensing system is not intended to restrict the quantity or value of imports.
The system applies to products originating from which country?
The import licensing system applies to products coming from all places.
Expected duration of licensing procedure
The import licensing system is an ongoing requirement.
Legal requirements
Is the licensing statutorily required?
The import licensing system is a statutory requirement maintained under Chinese Medicine Ordinance (Cap. 549), Import and Export (General) Regulations (Cap. 60A), Import and Export Ordinance (Cap. 60).
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Legislation does not leave designation of product to be subject to licensing to administrative discretion.
Is it possible for the government to abolish the system without legislative approval?
Any changes to the import licensing system require legislative approval.
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
For proprietary Chinese medicines, only those products which have been registered with the Chinese Medicines Board are allowed to be imported for the purpose of local sale or distribution. Application for import licence is also required for import of proprietary Chinese medicines for re-export purpose. For Chinese herbal medicines, applications are required only for import of 36 Chinese herbal medicines (31 Chinese herbal medicines in Schedule 1 and 5 Chinese herbal medicines in Schedule 2).
What persons or firms are eligible to apply for a licence?
Application for the trader's licence is open to all business enterprises conducting business in proprietary Chinese medicines and Chinese herbal medicines. A company is required to hold an appropriate trader's licence issued by the Chinese Medicines Board before it can apply for an import licence.
Is there a registration fee?
A fee is charged for the licence, which may range from HK$1,210 to HK$3,180 depending on the type of licence.
Is there a published list of authorized importers?
There is a published list of licensed Chinese medicines traders in the Chinese Medicine Council of Hong Kong website: http://www.cmchk.org.hk.
Contact point for information on eligibility
Ministry/Authority
Department of Health
Address
Chinese Medicine Division, Department of Health, 16/F, AIA Kowloon Tower, Landmark East, 100 How Ming Street, Kwun Tong, Kowloon
Telephone
(852) 3904 9230 / (852) 2319 5119
Fax
(852) 2319 2664
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Department of Health
Documentation requirements
What information is required in applications?
In general, information to be supplied includes particulars of the importer, of the importation and of the products to be imported. Sample of the Import Licence Form 3 (for proprietary Chinese medicines and 36 Chinese herbal medicines) is available at:
https://www.tid.gov.hk/english/aboutus/form/sampleform/files/tra187.pdf
What documents is the importer required to supply with the application?
Certain documents are also required to support licence applications. A copy of valid trader's licence issued by the Chinese Medicines Board.
Window of submission of an application
How far in advance of importation must application for a licence be made?
Application for import licences should be lodged in advance of importation taking into account the processing time.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
There are no limitations as to the period of the year during which application for licence can be made.
Issuing the license
Can a licence be granted immediately on request?
In exceptional cases, a licence can be granted immediately on request.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
The processing time is two working days for proprietary Chinese medicines and 36 Chinese herbal medicines.
Which administrative body is responsible for approving application of licences?
Department of Health is the sole administrative organ for the processing and approval of import licences.
Must the applications be passed on to other organs for visa, note or approval?
Are there any other conditions attached to the issue of a licence?
The licensing conditions are printed on the front or back of the import licences. Sample of the Import Licence Form 3 (for proprietary Chinese medicines and 36 Chinese herbal medicines) is available at:
https://www.tid.gov.hk/english/aboutus/form/sampleform/files/tra187.pdf
Fees and other administrative charges
Is there any licensing fee or administrative charge?
No licensing fee or administrative charge is required for import licence applications.
What is the amount of the fee or charge?
Is there any deposit or advance payment required associated with the issue of licences?
No deposit or advance payment is required.
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
Under normal circumstances, an application for an import licence is usually granted if it meets the ordinary criteria.
Are the reasons for any refusal given to applicants?
Reasons for refusal will be given to the applicant.
Have applicants a right of appeal in the event of refusal to issue a licence?
Applicants may appeal to the Chief Executive of the HKSAR in the event of refusal to issue an import licence. The Chief Executive may confirm, vary or reverse the decision of the Director General of Trade and Industry. The right to appeal to the Chief Executive is provided in relevant statutes.
If so, to what bodies and under what procedures?
Applicants may appeal to the Chief Executive of the HKSAR in the event of refusal to issue an import licence. The Chief Executive may confirm, vary or reverse the decision of the Director General of Trade and Industry. The right to appeal to the Chief Executive is provided in relevant statutes.
Importation
Are there any limitations as to the period of year during which importation may be made?
There are no limitations as to the period of the year during which importation may be made.
What documents are required upon actual importation?
The import licence is the only document required upon actual importation.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
Unless otherwise stated, an import licence is valid for six months. The period of validity can be extended by the Director General of Trade and Industry depending on the merits of individual requests.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for non-utilization. Importers should however cancel or amend the licences.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
The licence is not transferable.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
The banking authorities automatically provide foreign exchange for goods to be imported.
Is a licence required as a condition to obtaining foreign exchange?
No licence is required as a condition to obtaining foreign exchange.