A gin company and its ex-director were convicted of contravening the Trade Descriptions Ordinance (TDO) today (April 28) at the West Kowloon Magistrates' Courts for supplying gin with a false trade description and applying a false trade description to the gin. The two defendants were also convicted of contravening the Dutiable Commodities Ordinance (DCO) for failing to attach labels printed with alcoholic strength on the liquor containers for local consumption. The twenty counts of offence were convicted. The company and the ex-director were fined $64,000 and $54,000 respectively.
Hong Kong Customs in April 2020 noticed the sale of gin claimed as locally-distilled on a social media platform by a company claimed as a liquor manufacturing factory. It was also found that an ex-director of the company had imported a batch of 1 557 bottles of gin without any labels from New Zealand. Later, Customs further seized 1 325 bottles of gin without labels, seven bottles bearing a label with printed words of "Distilled and Bottled", a batch of unused labels with the same printed words and a set of still used for distilling or processing spirits at the company's factory unit in Tsuen Wan.
Follow-up investigation revealed that the ex-director of the company involved in the case attempted to use imported gin from overseas to disguise as local-distilled gin for sale. He also failed to attach labels printed with alcoholic strength on the alcohol containers for local consumption.
Under the TDO, any person who supplies goods with a false trade description in the course of trade or business, or is in possession of any goods for sale with a false trade description, commits an offence. The maximum penalty upon conviction is a fine of $500,000 and imprisonment for five years.
Under the DCO, any person imports into or manufactures in Hong Kong liquor for local consumption, of which the container failed to bear a label printed with the alcoholic strength or the range of alcoholic strength, commits an offence and is liable on conviction to a maximum fine of $50,000.
Members of the public may report any suspected violations of the TDO or DCO to Customs' 24-hour hotline 2545 6182 or its dedicated crime-reporting email account (crimereport@customs.gov.hk).
Ends/Friday, April 28, 2023