Replies to LegCo questions

LCQ 17: Cartagena Protocol on Biosafety

Following is a question by the Hon Fred Li Wah-ming and a written reply by the Secretary for Health, Welfare and Food, Dr York Chow, in the Legislative Council today (April 26):

Question:

In December 2003, the Government advised this Council that it planned to extend the application of the Convention on Biological Diversity and the Cartagena Protocol on Biosafety ("the Protocol") to Hong Kong for better protection of biological diversity in Hong Kong through the regulation of the import and export of living modified organisms ("LMOs") (i.e. any living organism that possesses a novel combination of genetic material obtained through the use of modern biotechnology). The Government indicated in April last year that it was still working on the introduction of new legislation to implement the Protocol. In this connection, will the Government inform this Council:

(a) whether the Agriculture, Fisheries and Conservation Department has breached the principles and regulations in the Protocol by distributing genetically-modified papaya seeds and seedlings to farmers (including those engaging in organic farming) last year;

(b) whether the Health, Welfare and Food Bureau and the departments under its purview have been involved in the legislative exercise mentioned above; if so, of the details; if not, the reasons for that; and

(c) given that the Protocol stipulates that any exporting country of LMOs should obtain an advance informed agreement from the importing country, provide a risk assessment report indicating that LMOs will not pose adverse effects on biological diversity and human health, label LMOs in a clear manner and provide the relevant information, whether it will, by drawing reference from the above precautionary approach, consider implementing a mandatory labelling system for genetically-modified food in Hong Kong; if so, of the considerations involved; if not, the rationale for that?

Reply:

Madam President,

(a) The primary objective of the Protocol is to protect individual signatories to the Protocol from potentially adverse impacts of arising from the trans-border movement of imported LMOs on their biological diversity through the regulation of import and export of LMOs. China has signed and ratified the Protocol and formally became the signatory to the Protocol since September 2005. We have also obtained the approval in principle from the Central Government to extend the application of the Convention on Biological Diversity and its Protocol to Hong Kong. Subject to the LegCo's approval of our draft legislation and completion of other preparatory work, we will make a formal request to the Central Government to complete the necessary procedures to extend the Convention on Biological Diversity and its Protocol to Hong Kong.

Whilst the Cartagena Protocol (the Protocol) has yet to be extended to Hong Kong, the Agriculture, Fisheries and Conservation Department (AFCD) remains very vigilant about the transfer, handling and use of Living Modified Organisms (LMOs) in order to ensure the ecological balance of our natural environment and conserve the biological diversity of Hong Kong. In the context of promoting organic farming in Hong Kong, AFCD, when introducing seedlings for experimental planting, would strive to ensure that the seedlings do not contain any genetically modified materials by requiring written certification from suppliers and conducting sampling tests, etc. Upon discovery that the papaya concerned might contain genetically modified materials, the department has acted immediately to destroy all papaya plants and conducted an in-depth investigation. The measures taken were in line with the basic principles of the Protocol.

(b) As the provisions of the Protocol are not related to food safety, there is no need to extend its content to the food safety legislation of Hong Kong.

(c) The Protocol provides that trans-boundary movement of LMOs for direct use as food, feed or for processing must be accompanied by import/export documentation that clearly indicates that it "may contain" LMOs and expressly states the intention not to release the LMOs into the environment. But this provision is not targeted at genetically modified food on sale after import, such as at wholesale and retail levels and has no binding effect on such levels.

On setting up a labelling regime for genetically modified food, the Codex Alimentarius Commission of the United Nations is working on a uniform standard but the work is unlikely to be completed soon. Since the international community has yet to reach a consensus on the labeling of genetically modified foods, we need to consult the trade and various sectors concerned before deciding whether to implement a mandatory labelling system for genetically modified foods in Hong Kong. But we will work with the trade to study the proposal for drawing up a guideline for voluntary labelling to help the trade ensure that the claims made for the genetically modified elements of their products are true and accurate.


Ends/Wednesday, April 26, 2006
Issued at HKT 13:07

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