Yes, company directors may well incur personal legal liability. Under the Pharmacy and Poisons Ordinance, the Chinese Medicine Ordinance and other relevant legislation, if a company's offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager or other senior officer of the company, that person as well as the company is guilty of the offence. This means that, in addition to the company facing a fine or licence sanctions, the relevant management personnel may also be prosecuted and face personal penalties, including a fine or imprisonment. A defence that they “did not know” or “had authorised a subordinate to handle it” will generally not be sufficient to avoid liability.
HONG KONG DRUG LICENSING
As a company director, can I be held personally liable for a licence breach?
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.
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