The Trade Descriptions (Unfair Trade Practices) (Amendment) Ordinance 2012 (the Amendment Ordinance) enacted on July 17 this year has expanded the existing consumer protection. The Amendment Ordinance has expanded the scope of the definition of trade description in respect of goods and extended to cover trade description of services. The Amendment Ordinance also prohibits specified unfair trade practices that may be deployed by traders against consumers.
Under the Amendment Ordinance, a civil compliance-based enforcement has been put in place as an alternative to criminal prosecution to resolve minor disputes between traders and consumers swiftly and effectively.
Since December 7, the Customs and Excise Department (C&ED) and the Office of the Communications Authority (OFCA) (collectively the Enforcement Agencies) have been holding a public consultation on the draft "Compliance and Enforcement Policy Statement" and the "General Guidelines" under the Amendment Ordinance which was jointly issued by the Enforcement Agencies to solicit views from traders and the general public. The public consultation will end on January 17.
Some 50 representatives of various business sectors including beauty, pharmacies, travel, dried seafood, group buying and others today (December 21) participated in a consultative forum on the draft Enforcement Guidelines. The forum was one of eight scheduled public consultative forums.
At the forum, participants were also briefed on the manner in which the two Enforcement Agencies would exercise their powers under the guidance on the operation of the fair trading provisions for compliance by traders as set out in the draft Enforcement Guidelines.
The C&ED will organise four more consultative forums between January 3 and 5. Details of the forums are available at the websites of the C&ED (www.customs.gov.hk), the Communications Authority (www.coms-auth.hk), GovHK (www.gov.hk) and the Consumer Council (www.consumer.org.hk).
Apart from attending the consultative forums, members of the public can also express their views on the draft Enforcement Guidelines by sending written submissions by mail, facsimile or email on or before January 17 to the C&ED's Trade Descriptions Ordinance Special Planning Group, 14/F, Trade and Industry Department Tower, 700 Nathan Road, Mong Kok, Kowloon; fax number 2398 0596; and the email address guidelinescon@customs.gov.hk.
For enquiries, please call the C&ED hotline at 3403 6063 and the OFCA hotline at 2961 6325.
Ends/Friday, December 21 2012
