WEDNESDAY, JULY 13, 1988
24
POSITIVE ENFORCEMENT ACTION ON MEDICAL ADS URGED
THE GOVERNMENT SHOULD BE POSITIVE IN MONITORING ADVERTISEMENTS AND SIGNBOARDS AND INITIATE ENFORCEMENT ACTION THOSE PEOPLE WHO CONTRAVENE THE PROVISIONS OF THE UNDESIRABLE ADVERTISEMENTS (AMENDMENT) BILL 1988.
DR THE HON CHIU HIN-KWONG SAID THIS WHEN SPEAKING IN OF THE BILL IN THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).
MEDICAL
AGAINST MEDICAL
SUPPORT
DR CHIU SAID DURING THE RESUMED DEBATE THAT IT WAS NOT ENOUGH FOR THE GOVERNMENT MERELY TO REACT TO COMPLAINTS FROM VICTIMS WHO HAD BEEN MISLED BY OFFENDING ADVERTISEMENTS, OR TO REPORTS FROM MEMBERS OF THE PUBLIC WHO OBJECTED TO CERTAIN MEDICAL ADVERTISEMENTS.
**THE LAW WILI. HAVE LITTLE OR NO DETERRENT EFFECT IF ADVERTISEMENTS WHICH OBVIOUSLY CONTAIN MISLEADING INFORMATION, OR WHICH CAN LEAD TO WRONGFUL SELF-MEDICATION, ARE ALLOWED ΤΟ CIRCULATE FREELY, HE SAID.
DR CHIU SAID HE WAS PLEASED THE BILL, WHICH PROVIDED LONG AWAITED IMPROVEMENTS TO EXISTING LEGISLATION IN FACILITATING ACTION AGAINST ADVERTISEMENTS WHICH CONSTITUTED A DANGER ΤΟ PUBLIC HEALTH, WAS NOW BEFORE THE LEGISLATIVE COUNCIL.
SIGNIFICANT
HE SAID THE BILL WOULD MAKE TWO CONTROLLING UNDESIRABLE MEDICAL ADVERTISEMENTS.
IMPROVEMENTS IN
FIRSTLY, THE BILL WOULD UPDATE THE SCHEDULE IN RESPECT OF WHICH ADVERTISEMENT WAS PROHIBITED, AND WOULD CHANGE THE LEGISLATIVE APPROACH.
UNDER THIS, THE PROHIBITION AGAINST ADVERTISING DEPENDED NOT ON WHAT THE ADVERTISEMENT REPRESENTED, BUT ON WHETHER IT WAS LIKELY TO LEAD PERSONA READING THE ADVERTISEMENT ΤΟ USE THE MEDICINE, SURGICAL APPLIANCE OR TREATMENT ADVERTISED FOR THE PURPOSES IN THE SCHEDULES, HE SAID.
THE SECOND IMPROVEMENT, WHICH WOULD FACILITATE ACTION, WAS THE USE OF THE PRESUMPTIVE CLAUSE, HE SAID.
SPECIFIED
ENFORCEMENT
HE SAID THE LEGCO AD HOC GROUP FORMED TO STUDY THE BILL SUPPORTED THE GOVERNMENT'S INTENTION TO OVERCOME THE DIFFICULTY IN
· STABLISHING THE IDENTITY OF THE PERSON RESPONSIBLE FOR CAUSING THE UNDESIRABLE ADVERTISEMENT TO BE PUBLISHED.
** I BELIEVE THE REVERSAL OF THE BURDEN OF OFFENDERS WILL FACILITATE EFFECTIVE ENFORCEMENT ACTION, WHO WAS CONVENER OF THE AD HOC GROUP.
PROOF то THE
SAID DR CHÍU,
/IN ORDER