Trade Descriptions

It is an offence for any person, in the course of trade, to supply, offer to supply, have in his possession for sale or for any purpose of trade or manufacture, any goods to which a false trade description pertaining to the place of manufacture of the said goods is applied.

Any person who commits an offence under the Trade Descriptions Ordinance, Chapter 362, Laws of Hong Kong in relation to the application of trade description to goods is liable:

• on conviction on indictment to a fine of $500,000 and imprisonment for 5 years; and
• on summary conviction to a fine of $100,000 and imprisonment for 2 years.

Natural Fei Cui

• A retailer of any article of natural fei cui shall issue to a buyer at the time of supply, an invoice or receipt and retain a copy of that invoice/receipt for not less than 3 years from the date of issue. The invoice or receipt shall contain:
  • the full name and address of the supplier;
  • the price of the article;
  • the date of supply; and
  • a description of the article as "natural fei cui plus other jade" or "natural fei cui" according to the definition in the Ordinance
• A notice of not less than 210 mm x 297 mm shall be displayed at the point of supply informing consumers the definitions of "fei cui" and "natural fei cui" and the statutory requirements on retailers to issue invoices or receipts for the natural fei cui articles supplied.

Diamond

• A retailer of article of diamond shall issue to a buyer at the time of supply, an invoice or receipt and retain a copy of that invoice/receipt for not less than 3 years from the date of issue. The invoice or receipt shall contain:
  • the full name and address of the supplier;
  • the price of the article;
  • the date of supply;
  • the total weight of the diamond in carats or where the weight is unknown to the retailer, a statement to that effect; and
  • a description of the article as
    1. being composed solely of diamond;
    2. being inlaid with diamond; or
    3. being inlaid with both diamond and other precious stones, as appropriate;
• A notice of not less than 210 mm x 297 mm shall be displayed at the point of supply informing consumers the definition of "diamond" and the statutory requirements on retailers to issue invoices or receipts for each article of diamond supplied.

Gold and Gold Alloy

• Articles of gold or gold alloy supplied in the course of trade or business at retail level must bear a mark indicating the fineness of gold content in the form and manner specified;
• A retailer of articles of gold or gold shall issue to a buyer at the time of supply, an invoice or receipt and retain a copy of that invoice/receipt for not less than 3 years from the date of issue. The invoice or receipt shall contain:
  • the full name and address of the supplier;
  • the price at which the article is supplied;
  • the date of supply;
  • the description;
  • the fineness (where the article consists of different parts of different fineness of gold, the marks on each part); and
  • the weight of the article (if the whole article is 足金(Chuk Kam));
• A notice of not less than 210 mm x 297 mm specifying the legal requirements shall be displayed prominently at the point of supply.

Platinum

• Articles of platinum or platinum alloy supplied in the course of trade or business at retail level must bear a mark indicating the fineness of platinum content in the form and manner specified;
• A retailer of articles of platinum or platinum alloy shall issue to a buyer at the time of supply, an invoice or receipt and retain a copy of that invoice/receipt for not less than 3 years from the date of issue.  The invoice or receipt shall contain:
  • the full name and address of the supplier;
  • the price at which the article is supplied;
  • the date of supply;
  • the description;
  • the fineness (where the article consists of different parts of different fineness of platinum, the marks on each part); and
  • the weight of the article (if the whole article is 足白金(Chuk Pak Kam));
• A notice of not less than 210 mm x 297 mm specifying the legal requirements shall be displayed prominently at the point of supply.

• The Trade Descriptions (Provision of Information on Regulated Electronic Products) Order, Chapter 362O, Laws of Hong Kong imposes requirements on the sale of the following five types of popular electronic products:
  • digital audio player;
  • digital camcorder;
  • digital camera;
  • mobile phone; and
  • portable multimedia player.
• A retailer of any of the regulated electronic products shall issue to a buyer at the time of supply, an invoice or receipt and retain a copy of that invoice/receipt for not less than 3 years from the date of issue; and the invoice or receipt shall contain:
  • the full name and address of the supplier;
  • the price of the product;
  • the date of supply;
  • the brand name of the product;
  • the model number of the product (if any);
  • details of after-sale service of the product whether it is free of charge or not available, place and period of availability and identity of provider;
  • the place of manufacture of the product, or, if such information is not known to the retailer, a statement to that effect; and
  • the features and specifications of the products as prescribed in the Schedule to the Trade Descriptions (Provision of Information on Regulated Electronic Products) Order, Chapter 362O, Laws of Hong Kong.
• A retailer selling the regulated electronic products is also prohibited from:
  • making false representation regarding after-sale service and warranty for the goods; and
  • giving misleading price indication for the goods that does not include certain basic accessories.

The false trade descriptions cases generally involve misleading price indication, confusing price units, and false representation on product's ingredients or functions.

Sell with Integrity Buy with Confidence

In the purchase of ginseng/dried seafood products, consumers are advised to:

• Patronize reputable shops/merchants;
• Check clearly the price of the goods before purchasing in particular how price is derived from the unit of quantity;
• Have an eye on to the marked price set by reference to the unit of quantity on the price placard of merchandise;
• Pay attention to the difference in units of measurements between Mainland China and Hong Kong Special Administrative Region (HKSAR) is as follows :

  	Mainland China	HKSAR
  1 kg =	2 shijin(market catty)	1.65 catties
  1 catty =	12.10 shiliang(market tael)	16 taels
  1 shijin =	10 shiliang(market tael)	13.23 taels

  
• Sliced or grind the goods only if necessary and make it clear to the shopkeeper before the transaction;
• Check and confirm the charged amount shown on the invoice before payment;
• When using credit card for payment
  • pay attention to the payment amount shown on the transaction slips of credit card;
  • do not sign on blank transaction slips without an payment amount;
• Check carefully the invoice details and properly keep all copies of it and the goods purchased.

In the purchase of Gold/Platinum, Natural Fei Cui or Diamond products, consumers are advised to:

• Patronize reputable shops/merchants;
• Check whether the invoice or receipt contains the information of the goods, including:
  • the full name and address of the retailer;
  • the price of the article;
  • the date of supply;
  • a description of the article, e.g. The fineness of gold/platinum; natural fei cui; total weight of the diamond in carats;
• Check the invoice details and properly keep all copies of the invoice and the goods purchased.

In the purchase of regulated electronic products, namely digital audio player, digital camcorder, digital camera, mobile phone and portable multimedia player, consumers are advised to:

• Patronize reputable shops/merchants;
• Check whether the prices of the products include any "basic accessories";
• Check whether the invoice or receipt contains:
  • the full name and address of the retailer;
  • the price; date of supply; brand name and model number (if any);
  • details of after-sale service of the product;
  • the features and specifications of the product;
• Check the invoice details and properly keep all copies of the invoice and the goods purchased.

If you have encountered any activities which are suspected to be in contravention of the Trade Descriptions Ordinance, please call Customs Hotline (24 hours): 2545 6182.

Report information

1. Relating to unfair trade practices
2. Relating to false trade descriptions on goods or services

In order to let the enforcement agency effectively make a fair and reasonable assessment on whether any follow-up action needs to be taken, informants are invited to fill in the specified Report Form and send by

Post: Hong Kong General Post Box 1166

Fax: (852) 2543 4942

Email: crimereport@customs.gov.hk

While we shall look into the information given, our investigator may or may not contact you for further information. In case a witness statement is required from you, our investigator will fix an appointment with you for an interview in our office. The information you provided to this department will help us detect possible offence committed by the trader concerned, irrespective of the findings and outcome on this particular case.

In pursuance to section 17(2) of the Trade Descriptions Ordinance, this department is forbidden from disclosing any information obtained in the investigation, including the factors concerned in drawing of conclusion. If you need assistance, please call Information Hotline (24-hour) (852) 2545 6182.

General Enquiry

For enquiry on general information, please contact us through general enquiry.