The following can only be a brief introduction of the legal subject concerned. Before you take any action which may have legal consequence, you should first seek advice from your own lawyer or make an appointment at any District Office to see a volunteer lawyer of the Free Legal Advice Scheme.




(509) TRADE DESCRIPTIONS ORDINANCE

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This is a recording about how consumer interests can be protected by the Trade Descriptions Ordinance. This Ordinance aims to prevent traders and manufacturers from misleading the public with false descriptions about the goods they sell.

According to the Ordinance, descriptions of goods on sale should be accurate. The descriptions include the size or quantity, the method of manufacture, its composition, fitness for purpose, the place of origin and the name of the manufacturer.

For instance, if you purchase a watch which is described as "water-proof" and after a quick swim, you find that water has got into the watch, then the watch has not been accurately described. Or if you purchase a packet of rice which is labelled 10 kg net weight, but the actual weight is only 9 kg, this is also a false trade description.

Violation of the Trade Descriptions Ordinance is a criminal offence. If you have purchased goods which are falsely described and have contravened the Ordinance, you can lodge a complaint to the Customs and Excise Department or the Consumer Council.

Under this Ordinance, a special marking order is laid down for gold or gold ornaments. The Trade Descriptions (Marking) (Gold and Gold Alloy) Order requires all articles made of gold or gold alloy to bear a mark to indicate the fineness of the gold content in the form of carats or Arabic numerals. For example, a ring has to be marked 18K of 750. Besides, each part of a gold article shall be individually marked as if it were a separate article. In addition, the supplier must issue to the consumer a receipt on every article sold, stating in details the gold content, name of the shop and the address. A similar regulation exists for platinum.

This is only a short introduction of the Trade Description Ordinance.

If you have a complaint to make or would like to get further details or advice, please go to any of the Consumer Council's advice centres.

Date of amendment: 20th October 1999