Hong Kong Ordinances

TRADE DESCRIPTIONS ORDINANCE - SECT 3

Special provisions applicable to goldware

(1) Notwithstanding the definition of "false trade description" in section 2,
a trade description which indicates the fineness (whether in parts per
thousand or in carats) of gold shall be a false trade  description if that
indication is false to any extend or degree, except by understating the
fineness. [cf. 1973 c. 43 s. 1(4) U.K.]

(2) For the purpose of construing descriptions relating to the fineness of
gold-

   (a)  a description indicating that an article, or the metal in an article,
        is so many carats shall be presumed to be an indication that the
        article or metal is of gold, and that its fineness is that specified
        in the table in the Schedule for that number of carats;

   (b)  paragraph (a) shall not apply if (as in a case where the
article is a precious stone) the word "carat" is used as a measure of weight
for precious stones, and not as a measure of fineness. [cf. 1973 c. 43 Sch. 1
U.K.]

(3) Notwithstanding the definition of "false trade description" in section 2-

   (a)  a trade description which indicates that any article (other than an
        article of pure gold) is of gold shall be a false trade  description
        unless the article consists solely of gold alloy and-

        (i)    contains not less than 8 carats of gold; or

        (ii)   bears a mark clearly indicating in carats, by number or by
               number and the letters "k", "c" or "ct", the fineness of the
               gold content; or

        (iii)  bears a mark clearly indicating in parts per thousand the
               fineness of the gold content; and

   (b)  a mark calculated to be taken as an indication of the fineness of gold
        of an article-

        (i)    which is plated with or enclosed in gold alloy or gilded; or
               (Amended L.N. 272 of 1990)

        (ii)   to which gold alloy is soldered or otherwise affixed, shall be
               a false trade description unless it is manifest from the
               appearance of the article that the mark refers solely to the
               part of the article which consists of gold alloy.

(4) Any number of 1 or 2 digits on an article which indicates or purports to
indicate, or is likely to be taken as an indication of, the fineness in carats
of its gold content shall be a false trade description unless the article
contains at least the same proportion of pure gold as the number bears to 24.

(5) Any number of 3 digits on an article which indicates or purports to
indicate, or is likely to be taken as an indication of, the fineness in number
of parts per thousand of its gold content shall be a false trade description
unless the article contains gold of such a standard of fineness.

(6) For the purposes of this section "fineness" (純度) means the proportion
of pure gold in accordance with subsection (4) or the number of parts by
weight of gold in accordance with subsection (5) as the case may require.

(6) For the purposes of this section "fineness" (純度) means the proportion
of pure gold in accordance with subsection (4) or the number of parts by
weight of gold in accordance with subsection (5) as the case may require.