Hong Kong Drug Licence Applications and Acquisitions · RGYS|Global Licensing and Compliance Service Provider
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HONG KONG DRUG LICENSING

If my company's main business is medical devices, but some products (such as medicated patches) are classified as medicines, do I need to apply for a pharmaceutical licence for the entire company?

A complete explanation of the regulatory basis, Drew Tang’s recommendations and risk alerts. The original material dates from 2025; read it alongside the latest official requirements.

Original guide, 2025 edition: These FAQs are provided for topic-based reference and have not all been individually checked against current rules. Please confirm fees, personnel, renewal, changes and product requirements against the professional in-depth guide for the relevant licence type and the official requirements in force at the time.

Drug Office, Department of Health Chinese Medicines Board

Q131 · Category C: Eligibility and Personnel Requirements (Q101-Q150)
Yes, you need to apply for the appropriate pharmaceutical licence for the part of your business that handles products classified as medicines. Hong Kong regulates medicines and medical devices separately, through the Department of Health's Drug Office and Medical Device Division respectively. If one of your products—for example, an analgesic patch containing a western medicine ingredient—is classified as a “pharmaceutical product” based on its ingredients, mode of action or claimed therapeutic effects, any import, wholesale, retail or manufacturing activities involving it must be conducted under the relevant pharmaceutical licence. Your main business being medical devices does not exempt you from the licensing requirements for your medicine business. The company must establish a separate area that complies with Good Distribution Practice (GDP) for storing and handling these medicines, and appoint a qualified RP.

📘 Regulatory basis

The scope of the Pharmacy and Poisons Ordinance (Cap. 138) is determined by the definition of a product. Once a product is defined as a “pharmaceutical product”, it must comply with all licensing and regulatory requirements under the Ordinance, regardless of its physical form.

📗 Drew Tang's recommendations

We recommend that clients consult us before introducing new products so that we can help determine their classification. If a product may be a medicine, we will guide you on how to modify your existing facilities, establish a separate medicines handling area and prepare a supplementary licence application to ensure that the business expands compliantly.

📕 Risk notice

Treating a pharmaceutical product as an ordinary medical device is an extremely dangerous breach. If discovered by the Drug Office, the product may be seized and the company may face criminal prosecution for dealing in medicines without a licence, substantial fines and even imprisonment for the person responsible.

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