What Changed
- Department of Health reviewed over 150,000 advertisements from Jan 2023 to Sep 2026 and issued nine warning letters specifically for non-local medical service ads under Cap. 231.
- Clarified that Cap. 231 governs all advertisements published in Hong Kong regardless of service location, whereas Cap. 362 does not apply to services rendered outside Hong Kong.
- Highlighted operational cross-boundary notification and complaint referral mechanisms with Mainland authorities and Consumer Council MOUs across over 30 Mainland provinces and cities.
### Background and Integration in the Greater Bay Area
With the accelerated development of healthcare integration across the Guangdong-Hong Kong-Macao Greater Bay Area, advertisements placed by non-local medical institutions have increasingly appeared in Hong Kong’s local market and on online platforms. Concerns have been raised regarding varying standards of disclosure concerning service efficacy and risks in these advertisements. Members of the public seeking medical consultations outside Hong Kong based on such promotions face potential issues relating to consumer rights, medical rights, and safety hazards.
On October 21, 2026, the Secretary for Health, Professor Lo Chung-mau, provided a written reply to questions raised by Dr the Hon Hoey Simon Lee in the Legislative Council (LCQ11). The consolidated response, prepared after consultation with the Commerce and Economic Development Bureau and the Department of Health (DH), outlined how Hong Kong's regulatory regimes apply to cross-boundary medical marketing and cross-border consumer protection.
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### Legal Framework Governing Medical Advertisements in Hong Kong
Hong Kong maintains statutory regulations to govern medical practice and public marketing. Healthcare professionals registered under statutory regulation in Hong Kong must comply with relevant registration ordinances and professional conduct codes formulated by statutory boards and councils, such as the Medical Council of Hong Kong's Code of Professional Conduct and the Dental Council of Hong Kong's Code of Professional Discipline. These codes require registered individuals to maintain accuracy, objectivity, and impartiality, prohibiting them from exaggerating claims, making misleading statements, soliciting patients, or engaging in commercial promotion. Breaches may trigger disciplinary proceedings.
For general public advertising, the primary statutory mechanism is the **Undesirable Medical Advertisements Ordinance (Cap. 231)**. Cap. 231 applies to all advertisements published in Hong Kong, regardless of whether the advertised medical services are rendered locally or outside Hong Kong.
Key provisions of Cap. 231 include:
- Prohibiting or restricting advertisements likely to lead to the use of any medicine, surgical appliance, or treatment for preventing or treating specified diseases or conditions listed in Schedules 1 and 2 (including benign or malignant tumours, parasitic diseases, and respiratory illnesses).
- Prohibiting or restricting six groups of claims specified in Schedule 4 regarding orally consumed products (including claims related to regulating blood sugar or glucose, blood pressure, and blood lipids or cholesterol).
Separately, the **Trade Descriptions Ordinance (Cap. 362)**, enforced by Hong Kong Customs, addresses unfair trade practices such as false trade descriptions, misleading omissions, or bait advertising. However, Cap. 362 **does not apply to services not provided in Hong Kong**.
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### Enforcement Actions and Penalties
The Department of Health actively screens medical advertisements published across various media in Hong Kong, including newspapers, magazines, leaflets, signs, posters, radio, television, and the internet.
Between **January 2023 and September 2026**, the Department of Health:
- Reviewed over 150,000 advertisements published across various media.
- Issued over 1,600 warning letters concerning advertisements suspected of contravening Cap. 231.
- Issued **nine warning letters** specifically related to advertisements promoting medical services provided outside Hong Kong.
All nine non-local medical advertisements were removed following the issuance of the warning letters. In cases where advertisement content is not removed after a warning letter, the Department of Health initiates prosecution proceedings based on its established mechanism.
**Statutory Penalties under Cap. 231:**
- **First conviction:** A fine of up to HK$50,000 and imprisonment for up to six months.
- **Subsequent conviction:** A fine of up to HK$100,000 and imprisonment for up to one year.
The Hong Kong Government periodically examines the scope and enforcement of Cap. 231 to evaluate potential optimization, balancing public health protection, public access to information, and regulatory proportionality and enforceability.
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### Cross-Boundary Cooperation and Dispute Mechanisms
Because healthcare regulatory systems in Hong Kong and Mainland China operate independently, medical services provided outside Hong Kong are governed by local regulatory authorities under local laws. To handle cross-boundary matters, official communication frameworks have been established:
1. **Regulatory Notification Mechanisms:** The Department of Health maintains liaison and notification mechanisms with relevant Mainland authorities to exchange information on irregularities and notify individual cases where necessary for follow-up within respective legal purviews.
2. **Consumer Dispute Referrals:** The Consumer Council of Hong Kong has signed Memoranda of Understanding (MOUs) with consumer protection bodies in Macao and over 30 Mainland provinces and cities. Cross-boundary consumer complaints received by the Consumer Council are referred to the relevant consumer protection body for follow-up.
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### Advice for Patients Seeking Medical Services Outside Hong Kong
The Health Bureau emphasized that selecting where to receive medical care is a personal choice. Members of the public choosing to undergo medical treatment outside Hong Kong are advised to:
- Take note of local regulations governing the service location.
- Fully understand the necessity, risks, follow-up care arrangements, and total costs of treatment.
- Retain all relevant documentation, including medical history records, billing receipts, and signed written consent forms.
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### Frequently Asked Questions
**Q1: Does Hong Kong legislation apply to advertisements promoting medical services provided outside Hong Kong?**
Yes. The Undesirable Medical Advertisements Ordinance (Cap. 231) applies to all advertisements published in Hong Kong, regardless of whether the advertised services are provided locally or outside Hong Kong. However, the Trade Descriptions Ordinance (Cap. 362) does not apply to services that are not provided in Hong Kong.
**Q2: What penalties apply to contraventions of the Undesirable Medical Advertisements Ordinance (Cap. 231)?**
Upon a first conviction, an offender is liable to a fine of HK$50,000 and six months' imprisonment. Upon a subsequent conviction for the same offence, the offender is liable to a fine of HK$100,000 and one year's imprisonment.
**Q3: How are consumer disputes regarding cross-boundary medical care handled?**
The Consumer Council has established a cross-boundary referral mechanism through MOUs signed with consumer protection bodies in Macao and over 30 Mainland provinces and cities. Complaints received regarding cross-boundary consumption are referred to the relevant local consumer protection body for follow-up action.
Who May Be Affected
Non-local medical institutions advertising in Hong Kong, media organizations publishing healthcare advertisements in Hong Kong, and Hong Kong residents seeking healthcare services in Mainland China or overseas.
Cross-Border Context
Cooperation and regulatory interfaces between Hong Kong SAR, Macao SAR, and Mainland China (including the Guangdong-Hong Kong-Macao Greater Bay Area) regarding medical services, regulatory notifications, and consumer dispute referrals.
What to check next
- Monitor potential future legislative updates or review outcomes concerning the Undesirable Medical Advertisements Ordinance (Cap. 231).
This article provides general information and does not constitute legal advice. Consult the official text and obtain advice appropriate to your circumstances where needed.