Hong Kong Ordinances

TRADE DESCRIPTIONS ORDINANCE - SECT 2

Interpretation

Caution: This is a past version. See the current version here.

(1) In this Ordinance, unless the context otherwise requires- "advertisement"
(宣傳品) includes a catalogue, a circular and a price list; "authorized
officer" (獲授權人員) means a public officer appointed under section 14;
"Commissioner" (總監) means the Commissioner of Customs and Excise and any
Deputy or Assistant Commissioner of Customs and Excise; (Added L.N. 294 of
1982) "Convention country" (公約國家) has the meaning assigned to it by
section  13A (6) of the Trade Marks Ordinance ( Cap 43); "false trade
description" (虛假商品說明) means-

   (a)  a trade description which is false to a material degree;

   (b)  a trade description which, though not false, is misleading, that is to
        say, likely to be taken for such an indication of any of the matters
        specified in the definition of "trade description" as would be false
        to a material degree;

   (c)  anything which, though not a trade description, is likely to be taken
        for an indication of any of the matters specified in the definition of
        "trade description" and, as such an indication, would be false to a
        material degree;

   (d)  a false indication, or anything likely to be taken as an indication
        which would be false, that any goods comply with a standard specified
        or recognized by any person or implied by the approval of any person
        if there is no such person or no standard so specified, recognized or
        implied; or

   (e)  a false indication, or anything likely to be taken as an indication
        which would be false, that any goods of any class or type-

        (i)    being goods in respect of which duty is payable under the laws
               of Hong Kong, are supplied free of the duty so payable in
               respect of that class or type of goods; or (Amended L.N. 272 of
               1990)

        (ii)   not being goods in respect of which duty is payable under the
               laws of Hong Kong, are supplied free of the duty so payable;
               [cf. 1968 c. 29 s. 3 U.K.] "goods" (貨品) includes vessel and
               aircraft, things attached to land and growing crops; "goods in
               transit" (過境貨品) means goods which-

   (a)  are brought into Hong Kong solely for the purpose of taking them out
        of Hong Kong; and

   (b)  remain at all times in or on the vessel or aircraft in or on which
        they are brought into Hong Kong; (Amended 43 of 1996 s. 2) "import"
        (進口) means to bring, or cause to be brought, into Hong Kong;
        "premises" (處所) includes any place and any stall, vehicle, vessel
        or aircraft; "trade description" (商品說明) means an indication,
        direct or indirect, and by whatever means given, of any of the
        following matters with respect to any goods or parts of goods, that is
        to say-

   (a)  quantity (which includes length, width, height, area, volume,
        capacity, weight and number), size or gauge;

   (b)  method of manufacture, production, processing or reconditioning;

   (c)  composition;

   (d)  fitness for purpose, strength, performance, behaviour or accuracy;

   (e)  any physical characteristics not included in the preceding paragraphs;

   (f)  testing by any person and results thereof,

   (g)  approval by any person or conformity with a type approved by any
        person;

   (h)  place or date of manufacture, production, processing or
        reconditioning;

   (i)  person by whom manufactured, produced, processed or reconditioned;

   (j)  other history, including previous ownership or use; [cf. 1968 c. 29 s.
        2(1) U.K.] "trade mark" (商標) means-

   (a)  a trade mark relating to goods registered in Hong Kong under the
        Trade Marks Ordinance ( Cap 43); (Amended 44 of 1991 s. 57)

   (aa) a certification trade mark in respect of goods registered in Hong Kong
        under the Trade Marks Ordinance ( Cap 43); (Added 11 of 1996 s. 12)

   (b)  a trade mark registered in the register of trade marks kept under or
        preserved by the Trade Marks Act 1938 (1938 c. 22 U.K.);

   (c)  a trade mark-

        (i)    registered, or in respect of which an application for
               registration has been made, in a British territory or a
               Convention  country; and

        (ii)   capable of registration in Hong Kong under the Trade Marks 
               Ordinance ( Cap 43) as a trade mark relating to goods; and
               (Amended 44 of 1991 s. 57)

        (iii)  in respect of which a period of 6 months has not expired since
               the date of the application for the registration thereof in a
               British territory or a Convention country.

(2) (a) For the purposes of this Ordinance, goods shall be deemed to have
been-

        (i)    manufactured in the country in which they last underwent a
               treatment or process which changed permanently and
               substantially the shape, nature, form or utility of the basic
               materials used in their manufacture; or

        (ii)   produced in the country in which they were wholly grown or
               mined.

   (b)  The Commissioner may by order specify- (Amended L.N. 294 of 1982)

        (i)    in relation to any description of goods, what treatment or
               process is to be regarded for the purposes of this Ordinance as
               resulting or not resulting in a permanent and substantial
               change in shape, nature, form or utility of the basic materials
               used in their manufacture;

        (ii)   in relation to any description of goods different parts of
               which were manufactured or produced in different countries, or
               of goods assembled in a country different from that in which
               their parts were manufactured or produced, in which of those
               countries the goods are to be regarded for the purposes of this
               Ordinance as having been manufactured or produced. [cf. 1968 c.
               29 s. 36 U.K.]

   (c)  This subsection shall not apply to goods which are the subject of a
        notice published under subsection (2A). (Added 96 of 1991 s. 2)

(2A) The Director-General of Trade may by notice in the Gazette specify in
relation to any description of goods (being goods that are subject to a scheme
of import or export control specified in the notice) the place in which the
goods are to be regarded for the purposes of this Ordinance as having been
manufactured or produced, and any such goods shall, for the purposes of this
Ordinance, be deemed to have been manufactured or produced in such place.
(Added 96 of 1991 s. 2)

(3) For the purposes of this Ordinance, a trade description or statement
published in any newspaper, book or periodical or in any film or sound or
television broadcast shall not be deemed to be a trade  description applied or
statement made in the course of a trade or business unless it is or forms part
of an advertisement. [cf. 1968 c. 29 s. 39(2) U.K.] "advertisement"
(宣傳品) "authorized officer" (獲授權人員) "Commissioner" (總監)
"Convention country" (公約國家) "false trade description"
(虛假商品說明) "goods" (貨品) "goods in transit" (過境貨品)
"import" (進口) "premises" (處所) "trade description" (商品說明)
"trade mark" (商標)