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HONG KONG DRUG LICENSING

One of my company’s directors has a record of being penalised by another financial regulator (such as the Hong Kong Securities and Futures Commission, SFC). Will this affect the drug licence application?

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

Q138 · Category C: Eligibility and Personnel Requirements (Q101-Q150)
This could very likely have a negative impact on a pharmaceutical licence application. Although the SFC regulates the financial sector, a different field from pharmaceutical regulation, the Pharmacy and Poisons Board (PPB), when assessing whether an applicant is a “fit and proper person”, will consider their integrity and conduct across all business and professional activities. A public reprimand or penalty by the SFC or another major regulatory authority, particularly for reasons involving dishonesty, misconduct or inadequate internal controls, would be viewed by the PPB as a significant warning sign. The PPB may be concerned that a director who failed to discharge fiduciary duties in the financial sector might also be careless in the pharmaceutical sector, which concerns public health. You must therefore proactively disclose the matter fully in your application and provide a detailed explanation.

📘 Regulatory basis

The “Fit and Proper Person” assessment is an overall review of character. Whether the applicant has been affected by “any other matter relating to their reputation, character and reliability” is necessarily a factor for the PPB to consider. Disciplinary records from other regulators fall into this category.

📗 Drew Tang's recommendations

In this situation, the only strategy is to be candid. We recommend preparing a statement signed by the director explaining in detail the background and reasons for the SFC sanction, the specific conduct involved, and the remedial steps taken and lessons learned afterwards. The company should also emphasise that it has established a robust internal control and governance framework to prevent similar issues from arising in its pharmaceutical business.

📕 Risk notice

Concealing such important information is disastrous. Hong Kong regulators have information-sharing arrangements, and the SFC’s public disciplinary records can be searched. If deliberate concealment is discovered, the application will be treated as containing a false statement and refused, with consequences far more serious than the disciplinary record itself.

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