Customs reminds mobile phone retailers to comply with requirements under Trade Descriptions Ordinance

In patrols conducted by Hong Kong Customs in the past two months, 19 retailers were found, in the supply of mobile phones to consumers, to have issued sales invoices without the prescribed written particulars of the products or failed to retain copies of the invoices issued, as required under the Trade Descriptions(Provision of Information on Regulated Electronic Products) Order made under the Trade Descriptions Ordinance.

As of today (December 30), prosecution actions have been taken against 12 retailers for the said offences. Ten of them have been convicted by the Court and fined $1,000 to $20,000. Prosecution against other cases is in progress.

A Customs spokesperson said today that with intelligence gathered and follow-up investigations earlier, it was found that some traders had omitted the written particulars as required under the Ordinance on the sales invoices issued to customers.

In patrols conducted by Customs officers in the past two months, 19 retailers were found to have omitted the prescribed written particulars on the sales invoices issued to consumers or failing to retain copies of the invoices issued. The omission deterred consumers from acquiring accurate information about the electronic products and deprived their interest in gaining access to such information.

The spokesman reminded the mobile phone retailers to comply with the legislative requirements on completion of purchase transactions.

1. the full name and address of the supplier;
2. the price at which the product is supplied;
3. the date of supply;
4. the brand name of the product;
5. the model number of the product (if any);
6. the information as regards service for the inspection, repair or maintenance of the product;
7. the place of manufacture of the product, or a statement that the place of manufacture is unknown; and
8. the information prescribed in relation to the regulated electronic products under Column 2 of the Schedule.

1. network frequency or operating frequency or band;
2. the type and storage capacity of support memory card (if provided);
3. data transfer/network connectivity protocol; and
4. (when the phone has a built-in camera) resolution of the camera in terms of pixels.

Under the Ordinance, any person who supplies any regulated electronic product in the course of trade or business at the retail level shall issue an invoice to a customer. The invoice issued shall contain all the prescribed written particulars as required under the Ordinance. Offenders are liable to a maximum penalty (on summary conviction) of $100,000 and two years' imprisonment upon conviction. Furthermore, the Ordinance requires a supplier to retain a copy of an invoice or receipt issued by him for a period of not less than three years after the date of issue. Offenders are liable to a maximum penalty (on summary conviction) of $5,000 and one month's imprisonment upon conviction.

Members of the public may report any suspected violations of the Trade Descriptions Ordinance to Customs' 24-hour hotline 2545 6182.

Ends/Tuesday, December 30, 2014