Hong Kong Ordinances

TRADE DESCRIPTIONS ORDINANCE - SECT 8

Trade descriptions used in advertisements

(1) The following provisions of this section shall have effect where in an
advertisement a trade description is used in relation to any class of goods.

(2) The trade description shall be taken as referring to all goods of the
class, whether or not in existence at the time the advertisement is published-

   (a)  for the purpose of determining whether an offence has been committed
        under section 7(1)(a)(i); and

   (b)  where goods of the class are supplied or offered to be supplied by a
        person publishing or displaying the advertisement, also for the
        purpose of determining whether an offence has been committed under
        section  7 (1)(a)(ii).

(3) In determining for the purposes of this section whether any goods are of a
class to which a trade description used in an advertisement relates, regard
shall be had not only to the form and content of the advertisement but also to
the time, place, manner and frequency of its publication and all other matters
making it likely or unlikely that a person to whom the goods are supplied
would think of the goods as belonging to the class in relation to which the
trade description is used in the advertisement. [cf. 1968 c. 29 s. 5 U.K.]