TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE
- CHAPTER 424

TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - LONG TITLE  
Long title VerDate:30/06/1997



An Ordinance to provide for safety standards for children's toys and 
safety standards for specified chattels used in association with children, 
and to provide for other powers to enhance the safety of children.
(Enacted 1992)

[1 July 1993] L.N. 240 of 1993

(Originally 80 of 1992)



TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SECT 1
Short title VerDate:30/06/1997



PART I

PRELIMINARY


(1)	This Ordinance may be cited as the Toys and Children's Products 
Safety Ordinance.

(2)	(Omitted as spent)
(Enacted 1992)



TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SECT 2
Interpretation VerDate:01/07/1997


Adaptation amendments retroactively made - see 65 of 2000 s. 3
"advertise" (宣傳)
"authorized officer" (獲授權人員)
"children's product" (兒童產品)
"Commissioner" (關長)
"goods" (貨物)
"goods in transit" (過境貨物)
"notice to warn" (警告通知)
"premises" (房產)
"prohibition notice" (禁制通知書)
"recall notice" (收回通知書)
"record" (紀錄) or "document" (文件)
"standards institution" (標準協會)
"supply" (供應)
"toy" (玩具)
"transhipment" (轉運)
In this Ordinance, unless the context otherwise requires-
"advertise" (宣傳) includes issuing a catalogue, circular or price list that 
is intended for the general public;
"authorized officer" (獲授權人員) means an officer specified in Schedule 1 to 
the Customs and Excise Service Ordinance (Cap 342) or an officer appointed 
by the Commissioner under section 19 to be an authorized officer;
"children's product" (兒童產品) means a product listed in the Schedule and, 
for the purposes of Parts IV to IX, includes a product designated by 
regulation to be a children's product;
"Commissioner" (關長) means the Commissioner of Customs and Excise, any 
Deputy or Assistant Commissioner of Customs and Excise and any public 
officer designated in writing by the Commissioner of Customs and Excise to 
exercise his powers under this Ordinance;  (Amended 65 of 2000 s. 3)
"goods" (貨物) means toys or children's products;
"goods in transit" (過境貨物) means goods that are brought into Hong Kong 
solely for the purpose of taking them out of Hong Kong and that remain at 
all times on the vessel or aircraft that brought them into Hong Kong;  
(Amended 44 of 1996 s. 2)
"notice to warn" (警告通知) means a notice served under section 10(1);
"premises" (房產) includes any place and any stall, whether permanent or 
temporary in nature;
"prohibition notice" (禁制通知書) means a notice served under section 11(1);
"recall notice" (收回通知書) means a notice served under section 12(1);
"record" (紀錄) or "document" (文件) includes-

        (a)	a book, voucher, receipt or data material, or information which 
is recorded in a non-legible form but is capable of being reproduced in a 
legible form; and

        (b)	any document, disc, tape, sound track or other device in which 
sounds or other data (not being visual images) are embodied so as to be 
capable (with or without the aid of other equipment) of being reproduced 
and any film (including a microfilm), tape or other device in which visual 
images are embodied so as to be capable (as aforesaid) of being reproduced;
"standards institution" (標準協會) includes-

        (a)	the British Standards Institution (英國標準協會); or

        (b)	any other standards body defined in a guide entitled the 
ISO/IEC Guide 2:1991 jointly published by the International Organization 
for Standardization and the International Electrotechnical Commission;  
(Added 16 of 1997 s. 2)
"supply" (供應) means-

        (a)	to sell or hire out;

        (b)	to offer, have in possession, or expose for sale or for hiring 
out;

        (c)	to exchange or dispose of for any consideration;

        (d)	to transmit, convey or deliver in pursuance of-

        (i)	a sale;

        (ii)	a hiring out; or

        (iii)	an exchange or disposal for any consideration; or

        (e)	for commercial purposes, to give goods as a prize or to make a 
gift of the goods;
"toy" (玩具) means a product or material that is designed or clearly 
intended for use in play by a child;
"transhipment" (轉運) means the importation of an article that is consigned 
on a through bill of lading or a through air waybill from a place outside 
Hong Kong to another place outside Hong Kong and is or is to be removed 
from the vessel, vehicle or aircraft in which it was imported and either 
returned to the same vessel, vehicle or aircraft or transferred to another 
vessel, vehicle or aircraft before being exported, whether it is or is to 
be transferred directly between such vessels, vehicles or aircraft or 
whether it is to be landed in Hong Kong after its importation and stored, 
pending exportation.
(Enacted 1992)


TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SECT 2
Interpretation VerDate:30/06/1997



In this Ordinance, unless the context otherwise requires-
"advertise" (宣傳) includes issuing a catalogue, circular or price list that 
is intended for the general public;
"authorized officer" (獲授權人員) means an officer specified in Schedule 1 to 
the Customs and Excise Service Ordinance (Cap 342) or an officer appointed 
by the Commissioner under section 19 to be an authorized officer;
"children's product" (兒童產品) means a product listed in the Schedule and, 
for the purposes of Parts IV to IX, includes a product designated by 
regulation to be a children's product;
"Commissioner" (總監) means the Commissioner of Customs and Excise, any 
Deputy or Assistant Commissioner of Customs and Excise and any public 
officer designated in writing by the Commissioner of Customs and Excise to 
exercise his powers under this Ordinance;
"goods" (貨物) means toys or children's products;
"goods in transit" (過境貨物) means goods that are brought into Hong Kong 
solely for the purpose of taking them out of Hong Kong and that remain at 
all times on the vessel or aircraft that brought them into Hong Kong;  
(Amended 44 of 1996 s. 2)
"notice to warn" (警告通知) means a notice served under section 10(1);
"premises" (房產) includes any place and any stall, whether permanent or 
temporary in nature;
"prohibition notice" (禁制通知書) means a notice served under section 11(1);
"recall notice" (收回通知書) means a notice served under section 12(1);
"record" (紀錄) or "document" (文件) includes-

        (a)	a book, voucher, receipt or data material, or information which 
is recorded in a non-legible form but is capable of being reproduced in a 
legible form; and

        (b)	any document, disc, tape, sound track or other device in which 
sounds or other data (not being visual images) are embodied so as to be 
capable (with or without the aid of other equipment) of being reproduced 
and any film (including a microfilm), tape or other device in which visual 
images are embodied so as to be capable (as aforesaid) of being reproduced;
"standards institution" (標準協會) includes-

        (a)	the British Standards Institution (英國標準協會); or

        (b)	any other standards body defined in a guide entitled the 
ISO/IEC Guide 2:1991 jointly published by the International Organization 
for Standardization and the International Electrotechnical Commission;  
(Added 16 of 1997 s. 2)
"supply" (供應) means-

        (a)	to sell or hire out;

        (b)	to offer, have in possession, or expose for sale or for hiring 
out;

        (c)	to exchange or dispose of for any consideration;

        (d)	to transmit, convey or deliver in pursuance of-

        (i)	a sale;

        (ii)	a hiring out; or

        (iii)	an exchange or disposal for any consideration; or

        (e)	for commercial purposes, to give goods as a prize or to make a 
gift of the goods;
"toy" (玩具) means a product or material that is designed or clearly 
intended for use in play by a child;
"transhipment" (轉運) means the importation of an article that is consigned 
on a through bill of lading or a through air waybill from a place outside 
Hong Kong to another place outside Hong Kong and is or is to be removed 
from the vessel, vehicle or aircraft in which it was imported and either 
returned to the same vessel, vehicle or aircraft or transferred to another 
vessel, vehicle or aircraft before being exported, whether it is or is to 
be transferred directly between such vessels, vehicles or aircraft or 
whether it is to be landed in Hong Kong after its importation and stored, 
pending exportation.
(Enacted 1992)
"advertise" (宣傳)
"authorized officer" (獲授權人員)
"children's product" (兒童產品)
"Commissioner" (總監)
"goods" (貨物)
"goods in transit" (過境貨物)
"notice to warn" (警告通知)
"premises" (房產)
"prohibition notice" (禁制通知書)
"recall notice" (收回通知書)
"record" (紀錄) or "document" (文件)
"standards institution" (標準協會)
"supply" (供應)
"toy" (玩具)
"transhipment" (轉運)


TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SECT 3
Requirement to meet safety standards for toys VerDate:30/06/1997



PART II

TOY SAFETY


(1)	No person shall manufacture, import or supply a toy unless the 
toy, including its packaging, complies with each and every applicable 
requirement contained in one of the following sets of safety standards for 
toys-

        (a)	International Voluntary Toy Safety Standard (國際玩具自律安全標準)
established by the International Committee of Toy Industries (國際玩具工業委員會);

        (b)	European Standard EN71 (歐洲標準71) established by the European 
Committee for Standardization (歐洲標準委員會);

        (c)	ASTM F963 (美國材料及試驗學會標準F963) established by the American Society 
for Testing and Materials (美國材料及試驗學會).

(2)	Subject to section 4, the references to the safety standards in 
subsection (1) are to those standards as they existed on the date this 
Ordinance comes into operation.

(3)	Subsection (1) does not apply to goods in transit, goods in the 
course of transhipment or goods manufactured for export.

(4)	Where one or 2 of the sets of safety standards listed in 
subsection (1)(a), (b) and (c) contain no applicable requirements for a 
particular toy, then the toy must comply with the requirements contained 
in one of the sets of safety standards that does have applicable 
requirements or it will be deemed not to comply with subsection (1).

(5)	A person who contravenes subsection (1) commits an offence.
(Enacted 1992)



TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SECT 4
Amendment of safety standards VerDate:01/07/2007


For the saving and transitional provisions relating to the amendments made 
by the Resolution of the Legislative Council (L.N. 130 of 2007), see 
paragraph (12) of that Resolution.
Where a safety standard referred to in section 3(1) is amended after this 
Ordinance comes into operation, the Secretary for Commerce and Economic 
Development may, by notice published in the Gazette, provide that the 
amendment applies in Hong Kong and, on publication, section 3(1) applies 
to the safety standard as amended.
(Enacted 1992. Amended L.N. 218 of 2000; L.N. 106 of 2002; L.N. 130 of 
2007)



TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SECT 4
Amendment of safety standards VerDate:01/07/2002




Where a safety standard referred to in section 3(1) is amended after this 
Ordinance comes into operation, the Secretary for Economic Development and 
Labour may, by notice published in the Gazette, provide that the amendment 
applies in Hong Kong and, on publication, section 3(1) applies to the 
safety standard as amended.
(Enacted 1992. Amended L.N. 218 of 2000; L.N. 106 of 2002)


TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SECT 4
Amendment of safety standards VerDate:01/07/2000




Where a safety standard referred to in section 3(1) is amended after this 
Ordinance comes into operation, the Secretary for Economic Services may, 
by notice published in the Gazette, provide that the amendment applies in 
Hong Kong and, on publication, section 3(1) applies to the safety standard 
as amended.
(Enacted 1992. Amended L.N. 218 of 2000)


TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SECT 4
Amendment of safety standards VerDate:30/06/1997



Where a safety standard referred to in section 3(1) is amended after this 
Ordinance comes into operation, the Secretary for Trade and Industry may, 
by notice published in the Gazette, provide that the amendment applies in 
Hong Kong and, on publication, section 3(1) applies to the safety standard 
as amended.
(Enacted 1992)



TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SECT 5
Requirement to meet safety standards for specified children's products VerDate:30/06/1997



PART III

CHILDREN'S PRODUCTS


(1)	No person shall manufacture, import or supply a children's 
product listed in column 1 of the Schedule unless-

        (a)	the product complies in all respects with the specification for 
that product listed in column 2 of the Schedule, and any amendment to that 
specification listed in column 3 of the Schedule, opposite the listed 
product; or

        (b)	where specifications adopted by 2 or more standards 
institutions are listed in column 2 of the Schedule for a particular 
product, the product complies in all respects with at least one of those 
specifications and their respective amendments (if any) listed in column 3 
of the Schedule.  (Replaced 16 of 1997 s. 3)

(2)	(Repealed 16 of 1997 s. 3)

(3)	Subsection (1) does not apply to goods in transit, goods in the 
course of transhipment or goods manufactured for export.

(4)	A person who contravenes subsection (1) commits an offence.
(Enacted 1992)



TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SECT 6
Amendment to Schedule VerDate:01/07/2007


For the saving and transitional provisions relating to the amendments made 
by the Resolution of the Legislative Council (L.N. 130 of 2007), see 
paragraph (12) of that Resolution.

(1)	Subject to subsection (2), the Secretary for Commerce and 
Economic Development may, by notice published in the Gazette, amend the 
Schedule.

(2)	The Secretary for Commerce and Economic Development shall not 
amend the Schedule by adding any specification ("relevant specification") 
of a standards institution in respect of any children's product listed in 
column 1 of the Schedule at the commencement of the Toys and Children's 
Products Safety (Amendment) Ordinance 1997 (16 of 1997) unless he is 
satisfied that the relevant specification intended to be so added is 
equivalent to the specification listed in column 2 of the Schedule for the 
particular children's product.  (Amended L.N. 312 of 1998)
(Replaced 16 of 1997 s. 4. Amended L.N. 218 of 2000; L.N. 106 of 2002; 
L.N. 130 of 2007)



TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SECT 6
Amendment to Schedule VerDate:01/07/2002





(1)	Subject to subsection (2), the Secretary for Economic 
Development and Labour may, by notice published in the Gazette, amend the 
Schedule.

(2)	The Secretary for Economic Development and Labour shall not 
amend the Schedule by adding any specification ("relevant specification") 
of a standards institution in respect of any children's product listed in 
column 1 of the Schedule at the commencement of the Toys and Children's 
Products Safety (Amendment) Ordinance 1997 (16 of 1997) unless he is 
satisfied that the relevant specification intended to be so added is 
equivalent to the specification listed in column 2 of the Schedule for the 
particular children's product.  (Amended L.N. 312 of 1998)
(Replaced 16 of 1997 s. 4. Amended L.N. 218 of 2000; L.N. 106 of 2002)


TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SECT 6
Amendment to Schedule VerDate:01/07/2000




(1)	Subject to subsection (2), the Secretary for Economic Services 
may, by notice published in the Gazette, amend the Schedule.

(2)	The Secretary for Economic Services shall not amend the 
Schedule by adding any specification ("relevant specification") of a 
standards institution in respect of any children's product listed in 
column 1 of the Schedule at the commencement of the Toys and Children's 
Products Safety (Amendment) Ordinance 1997 (16 of 1997) unless he is 
satisfied that the relevant specification intended to be so added is 
equivalent to the specification listed in column 2 of the Schedule for the 
particular children's product.  (Amended L.N. 312 of 1998)
(Replaced 16 of 1997 s. 4. Amended L.N. 218 of 2000)



TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SECT 6
Amendment to Schedule VerDate:11/09/1998




(1)	Subject to subsection (2), the Secretary for Trade and Industry 
may, by notice published in the Gazette, amend the Schedule.

(2)	The Secretary for Trade and Industry shall not amend the 
Schedule by adding any specification ("relevant specification") of a 
standards institution in respect of any children's product listed in 
column 1 of the Schedule at the commencement of the Toys and Children's 
Products Safety (Amendment) Ordinance 1997 (16 of 1997) unless he is 
satisfied that the relevant specification intended to be so added is 
equivalent to the specification listed in column 2 of the Schedule for the 
particular children's product.  (Amended L.N. 312 of 1998)
(Replaced 16 of 1997 s. 4)



TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SECT 6
Amendment to Schedule VerDate:30/06/1997




(1)	Subject to subsection (2), the Secretary for Trade and Industry 
may, by notice published in the Gazette, amend the Schedule.

(2)	The Secretary for Trade and Industry shall not amend the 
Schedule by adding any specification ("relevant specification") of a 
standards institution in respect of any children's product listed in 
column 1 of the Schedule at the commencement of the Toys and Children's 
Products Safety (Amendment) Ordinance 1997 (16 of 1997) unless he is 
satisfied that the relevant specification intended to be so added is 
equivalent to the specification listed in column 2 of the Schedule for the 
particular children's product.
(Replaced 16 of 1997 s. 4)




TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SECT 7
(Repealed) VerDate:30/06/1997



(Repealed 16 of 1997 s. 5)



TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SECT 8
The general safety requirement VerDate:30/06/1997



PART IV

GENERAL SAFETY REQUIREMENT


(1)	No person shall manufacture, import or supply a toy or 
children's product, if it fails to comply with the general safety 
requirement.

(2)	For the purposes of this section, "general safety requirement" 
(一般安全規定) means a duty to ensure that a toy or children's product is 
reasonably safe having regard to all the circumstances, including-

        (a)	the manner in which, and the purposes for which, the toy or 
children's product is being or would be marketed, the use of any mark in 
relation to it and any instructions or warnings which are given or would 
be given with respect to the keeping, use or consumption of it; and

        (b)	the existence of any means by which it would have been 
reasonable, taking into account the cost, likelihood and extent of any 
improvement, for it to have been made safer.

(3)	For the purposes of this section, where-

        (a)	at least one of the sets of safety standards listed in section 
3(1)(a), (b) and (c) contains requirements that apply to a particular toy; 
and

        (b)	the particular toy, including its packaging, complies with each 
and every applicable requirement of at least one of the said sets of 
safety standards containing such requirements,
the particular toy shall be deemed to comply with the general safety 
requirement.

(4)	For the purposes of this section, a children's product listed 
in the Schedule shall be deemed to comply with the general safety 
requirement if it complies in all respects with the specification, or at 
least one of the relevant specifications (if there is more than one 
specification), for that product listed opposite it in the Schedule.  
(Amended 16 of 1997 s. 6)

(5)	Subsection (1) does not apply to goods in transit, goods in the 
course of transhipment or goods manufactured for export.

(6)	A person who contravenes subsection (1) commits an offence.

(7)	In any proceedings against any person for an offence under this 
section in respect of any toys or children's products it shall be a 
defence for that person to show-

        (a)	that he reasonably believed that they would not be used or 
consumed in Hong Kong;

        (b)	that-

        (i)	he supplied them in the course of carrying on a retail 
business; and

        (ii)	at the time he supplied them, he neither knew nor had 
reasonable grounds for believing that they failed to comply with the 
general safety requirement; or

        (c)	that the terms on which he sold them indicated that they were 
not being sold as new goods.
(Enacted 1992)
"general safety requirement" (一般安全規定)


TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SECT 9
Laboratories VerDate:01/07/2000



"approved laboratory" (認可化驗所)
PART V

LABORATORY TESTING


(1)	In this section and sections 24(4)(b) and 25(4) "approved 
laboratory" (認可化驗所) means a laboratory approved in writing by the 
Commissioner for Innovation and Technology for the purpose of testing toys 
and children's products.  (Amended L.N. 218 of 2000)

(2)	A person may, at his own expense, have a toy or children's 
product tested by an approved laboratory to determine whether or not it 
complies with the applicable requirements of at least one of the sets of 
safety standards listed in section 3(1)(a), (b) and (c) or the relevant 
specification, or at least one of the relevant specifications (if there is 
more than one specification), listed in the Schedule, as the case may be.

(3)	The Commissioner may, where he has purchased or seized a toy or 
children's product, have it tested by the Government Chemist to determine 
whether or not it complies with the applicable requirements of at least 
one of the sets of safety standards listed in section 3(1)(a), (b) and (c) 
or the relevant specification, or at least one of the relevant 
specifications (if there is more than one specification), listed in the 
Schedule, as the case may be.
(Enacted 1992. Amended 16 of 1997 s. 7)


TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SECT 9
Laboratories VerDate:30/06/1997



PART V

LABORATORY TESTING


(1)	In this section and sections 24(4)(b) and 25(4) "approved 
laboratory" (認可化驗所) means a laboratory approved in writing by the 
Director-General of Industry for the purpose of testing toys and 
children's products.

(2)	A person may, at his own expense, have a toy or children's 
product tested by an approved laboratory to determine whether or not it 
complies with the applicable requirements of at least one of the sets of 
safety standards listed in section 3(1)(a), (b) and (c) or the relevant 
specification, or at least one of the relevant specifications (if there is 
more than one specification), listed in the Schedule, as the case may be.

(3)	The Commissioner may, where he has purchased or seized a toy or 
children's product, have it tested by the Government Chemist to determine 
whether or not it complies with the applicable requirements of at least 
one of the sets of safety standards listed in section 3(1)(a), (b) and (c) 
or the relevant specification, or at least one of the relevant 
specifications (if there is more than one specification), listed in the 
Schedule, as the case may be.
(Enacted 1992. Amended 16 of 1997 s. 7)
"approved laboratory" (認可化驗所)


TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SECT 10
Notice to warn VerDate:30/06/1997



PART VI

ADDITIONAL CONTROLS


(1)	Where the Commissioner reasonably believes that a toy or 
children's product may be unsafe in certain circumstances, the 
Commissioner may serve on a person a notice to warn requiring that person, 
at his own expense and by his own arrangement, to publish in a form or 
manner and on such occasions as may be specified in the notice, a warning 
that a specified toy or children's product may be unsafe unless certain 
steps are taken.

(2)	A person who is served with a notice to warn and fails or 
refuses to comply with it commits an offence.
(Enacted 1992)



TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SECT 11
Prohibition notice VerDate:30/06/1997




(1)	Where the Commissioner reasonably believes that a toy or 
children's product-

        (a)	does not comply with the applicable requirements of at least 
one of the sets of safety standards listed in section 3(1)(a), (b) and 

        (c), the relevant specification, or at least one of the relevant 
specifications (if there is more than one specification), listed in the 
Schedule or an additional safety standard established by regulation; or  
(Amended 16 of 1997 s. 8)

        (b)	to which no safety standards or specifications apply under this 
Ordinance is or may be unsafe,
the Commissioner may serve on a person a prohibition notice, prohibiting 
that person from supplying that toy or children's product for a specified 
period of time not exceeding 6 months.

(2)	A person who is served with a prohibition notice and fails or 
refuses to comply with it commits an offence.
(Enacted 1992)



TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SECT 12
Recall notice VerDate:30/06/1997




(1)	Where the Commissioner reasonably believes-

        (a)	that a toy or children's product-

        (i)	does not comply with the applicable requirements of at least 
one of the sets of safety standards listed in section 3(1)(a), (b) and 

        (c), the relevant specification, or at least one of the relevant 
specifications (if there is more than one specification), listed in the 
Schedule or an additional safety standard established by regulation; or  
(Amended 16 of 1997 s. 9)

        (ii)	to which no safety standards or specifications apply under 
this Ordinance is or may be unsafe; and

        (b)	that there is a significant risk that the toy or children's 
product will cause a serious injury,
the Commissioner may serve on a person a notice requiring the immediate 
withdrawal of that toy or children's product from being supplied and the 
retrieval, to the extent reasonably possible, of those items already 
supplied.

(2)	A person who is served with a recall notice and fails or 
refuses to comply with it commits an offence.
(Enacted 1992)



TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SECT 13
Other powers of the Commissioner VerDate:30/06/1997




(1)	The Commissioner may-

        (a)	require the manufacturer, importer or supplier of a toy or 
children's product that the Commissioner has reasonable grounds for 
believing-

        (i)	does not comply with the applicable requirements of at least 
one of the sets of safety standards listed in section 3(1)(a), (b) and 

        (c), the relevant specification, or at least one of the relevant 
specifications (if there is more than one specification), listed in the 
Schedule or an additional safety standard established by regulation; or  
(Amended 16 of 1997 s. 10)

        (ii)	may not comply with the general safety requirement under 
section 8,
to have it tested in the form and manner the Commissioner specifies;

        (b)	require the manufacturer, importer or supplier of a toy or 
children's product to modify it or its labelling, packaging or advertising 
so that it complies with-

        (i)	the applicable requirements of at least one of the sets of 
safety standards listed in section 3(1)(a), (b) and (c), the relevant 
specification, or at least one of the relevant specifications (if there is 
more than one specification), listed in the Schedule or an additional 
safety standard established by regulation; or  (Amended 16 of 1997 s. 10)

        (ii)	the general safety requirement under section 8; and

        (c)	require a person who advertises a specified toy or children's 
product to include warning notices in such advertisements.

(2)	A person who fails or refuses to comply with a requirement 
imposed by the Commissioner under subsection (1) commits an offence.
(Enacted 1992)



TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SECT 14
Appeal to Appeal Board VerDate:01/07/2007


For the saving and transitional provisions relating to the amendments made 
by the Resolution of the Legislative Council (L.N. 130 of 2007), see 
paragraph (12) of that Resolution.
PART VII

APPEALS


(1)	A person who is aggrieved by a decision or action of the 
Commissioner under Part VI may appeal to the Appeal Board appointed under 
section 16.

(2)	Within 14 days after the decision or action of the 
Commissioner, the appellant shall deliver to the Commissioner a notice of 
appeal stating the substance of the matter and reasons for the appeal.

(3)	After receiving the notice of appeal the Commissioner shall 
forward it to the Secretary for Commerce and Economic Development.  
(Amended L.N. 218 of 2000; L.N. 106 of 2002; L.N. 130 of 2007)

(4)	An appeal under this section against a decision of the 
Commissioner does not suspend the Commissioner's decision unless he 
decides otherwise.
(Enacted 1992)



TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SECT 14
Appeal to Appeal Board VerDate:01/07/2002




PART VII

APPEALS


(1)	A person who is aggrieved by a decision or action of the 
Commissioner under Part VI may appeal to the Appeal Board appointed under 
section 16.

(2)	Within 14 days after the decision or action of the 
Commissioner, the appellant shall deliver to the Commissioner a notice of 
appeal stating the substance of the matter and reasons for the appeal.

(3)	After receiving the notice of appeal the Commissioner shall 
forward it to the Secretary for Economic Development and Labour.  (Amended 
L.N. 218 of 2000; L.N. 106 of 2002)

(4)	An appeal under this section against a decision of the 
Commissioner does not suspend the Commissioner's decision unless he 
decides otherwise.
(Enacted 1992)


TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SECT 14
Appeal to Appeal Board VerDate:01/07/2000




PART VII

APPEALS


(1)	A person who is aggrieved by a decision or action of the 
Commissioner under Part VI may appeal to the Appeal Board appointed under 
section 16.

(2)	Within 14 days after the decision or action of the 
Commissioner, the appellant shall deliver to the Commissioner a notice of 
appeal stating the substance of the matter and reasons for the appeal.

(3)	After receiving the notice of appeal the Commissioner shall 
forward it to the Secretary for Economic Services.  (Amended L.N. 218 of 
2000)

(4)	An appeal under this section against a decision of the 
Commissioner does not suspend the Commissioner's decision unless he 
decides otherwise.
(Enacted 1992)


TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SECT 14
Appeal to Appeal Board VerDate:30/06/1997



PART VII

APPEALS


(1)	A person who is aggrieved by a decision or action of the 
Commissioner under Part VI may appeal to the Appeal Board appointed under 
section 16.

(2)	Within 14 days after the decision or action of the 
Commissioner, the appellant shall deliver to the Commissioner a notice of 
appeal stating the substance of the matter and reasons for the appeal.

(3)	After receiving the notice of appeal the Commissioner shall 
forward it to the Secretary for Trade and Industry.

(4)	An appeal under this section against a decision of the 
Commissioner does not suspend the Commissioner's decision unless he 
decides otherwise.
(Enacted 1992)



TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SECT 15
Appeal Board panel VerDate:01/07/2007


For the saving and transitional provisions relating to the amendments made 
by the Resolution of the Legislative Council (L.N. 130 of 2007), see 
paragraph (12) of that Resolution.

(1)	The Secretary for Commerce and Economic Development shall 
appoint members to an Appeal Board panel based on the following numbers 
and categories-  (Amended L.N. 106 of 2002; L.N. 130 of 2007)

        (a)	a chairman and a deputy chairman each of whom shall be a 
barrister qualified to practise as such or a solicitor qualified to act as 
such under the Legal Practitioners Ordinance (Cap 159);

        (b)	not more than 5 members who are scientists or technologists 
with relevant expertise in toys or children's products;

        (c)	not more than 5 members who are from the toys or children's 
products industry;

        (d)	not more than 5 members of the general public who do not come 
within the categories referred to in paragraphs (b) and (c).

(2)	A public officer is not eligible for appointment to the Appeal 
Board panel.

(3)	A member shall be appointed for a term determined by the 
Secretary for Commerce and Economic Development, and he may set different 
terms for each member, and a member may be reappointed at the end of a 
term.  (Amended L.N. 106 of 2002; L.N. 130 of 2007)
(Enacted 1992. Amended L.N. 218 of 2000)



TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SECT 15
Appeal Board panel VerDate:01/07/2002





(1)	The Secretary for Economic Development and Labour shall appoint 
members to an Appeal Board panel based on the following numbers and 
categories-  (Amended L.N. 106 of 2002)

        (a)	a chairman and a deputy chairman each of whom shall be a 
barrister qualified to practise as such or a solicitor qualified to act as 
such under the Legal Practitioners Ordinance (Cap 159);

        (b)	not more than 5 members who are scientists or technologists 
with relevant expertise in toys or children's products;

        (c)	not more than 5 members who are from the toys or children's 
products industry;

        (d)	not more than 5 members of the general public who do not come 
within the categories referred to in paragraphs (b) and (c).

(2)	A public officer is not eligible for appointment to the Appeal 
Board panel.

(3)	A member shall be appointed for a term determined by the 
Secretary for Economic Development and Labour, and he may set different 
terms for each member, and a member may be reappointed at the end of a 
term.  (Amended L.N. 106 of 2002)
(Enacted 1992. Amended L.N. 218 of 2000)


TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SECT 15
Appeal Board panel VerDate:01/07/2000





(1)	The Secretary for Economic Services shall appoint members to an 
Appeal Board panel based on the following numbers and categories-

        (a)	a chairman and a deputy chairman each of whom shall be a 
barrister qualified to practise as such or a solicitor qualified to act as 
such under the Legal Practitioners Ordinance (Cap 159);

        (b)	not more than 5 members who are scientists or technologists 
with relevant expertise in toys or children's products;

        (c)	not more than 5 members who are from the toys or children's 
products industry;

        (d)	not more than 5 members of the general public who do not come 
within the categories referred to in paragraphs (b) and (c).

(2)	A public officer is not eligible for appointment to the Appeal 
Board panel.

(3)	A member shall be appointed for a term determined by the 
Secretary for Economic Services, and he may set different terms for each 
member, and a member may be reappointed at the end of a term.
(Enacted 1992. Amended L.N. 218 of 2000)


TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SECT 15
Appeal Board panel VerDate:30/06/1997




(1)	The Secretary for Trade and Industry shall appoint members to 
an Appeal Board panel based on the following numbers and categories-

        (a)	a chairman and a deputy chairman each of whom shall be a 
barrister qualified to practise as such or a solicitor qualified to act as 
such under the Legal Practitioners Ordinance (Cap 159);

        (b)	not more than 5 members who are scientists or technologists 
with relevant expertise in toys or children's products;

        (c)	not more than 5 members who are from the toys or children's 
products industry;

        (d)	not more than 5 members of the general public who do not come 
within the categories referred to in paragraphs (b) and (c).

(2)	A public officer is not eligible for appointment to the Appeal 
Board panel.

(3)	A member shall be appointed for a term determined by the 
Secretary for Trade and Industry, and he may set different terms for each 
member, and a member may be reappointed at the end of a term.
(Enacted 1992)



TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SECT 16
Appeal Board VerDate:01/07/2007


For the saving and transitional provisions relating to the amendments made 
by the Resolution of the Legislative Council (L.N. 130 of 2007), see 
paragraph (12) of that Resolution.

(1)	As soon as reasonably possible after receipt of a notice of 
appeal from the Commissioner under section 14, the Secretary for Commerce 
and Economic Development shall appoint an Appeal Board to hear the appeal 
and the Board shall consist of the chairman or deputy chairman of the 
panel, who shall be chairman of the Board, and 1 member from each of the 
other categories of the Appeal Board panel.  (Amended L.N. 218 of 2000; 
L.N. 106 of 2002; L.N. 130 of 2007)

(2)	The chairman of the Appeal Board shall have a casting vote.

(3)	Each member shall be remunerated out of money provided by the 
Legislative Council for the purpose at a rate that the Secretary for 
Commerce and Economic Development may determine.  (Amended L.N. 125 of 
2004; L.N. 130 of 2007)
(Enacted 1992)



TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SECT 16
Appeal Board VerDate:18/06/2004




(1)	As soon as reasonably possible after receipt of a notice of 
appeal from the Commissioner under section 14, the Secretary for Economic 
Development and Labour shall appoint an Appeal Board to hear the appeal 
and the Board shall consist of the chairman or deputy chairman of the 
panel, who shall be chairman of the Board, and 1 member from each of the 
other categories of the Appeal Board panel.  (Amended L.N. 218 of 2000; 
L.N. 106 of 2002)

(2)	The chairman of the Appeal Board shall have a casting vote.

(3)	Each member shall be remunerated out of money provided by the 
Legislative Council for the purpose at a rate that the Secretary for 
Economic Development and Labour may determine.  (Amended L.N. 125 of 2004)
(Enacted 1992)



TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SECT 16
Appeal Board VerDate:01/07/2002





(1)	As soon as reasonably possible after receipt of a notice of 
appeal from the Commissioner under section 14, the Secretary for Economic 
Development and Labour shall appoint an Appeal Board to hear the appeal 
and the Board shall consist of the chairman or deputy chairman of the 
panel, who shall be chairman of the Board, and 1 member from each of the 
other categories of the Appeal Board panel.  (Amended L.N. 218 of 2000; 
L.N. 106 of 2002)

(2)	The chairman of the Appeal Board shall have a casting vote.

(3)	Each member shall be remunerated out of money provided by the 
Legislative Council for the purpose at a rate that the Financial Secretary 
may determine.
(Enacted 1992)


TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SECT 16
Appeal Board VerDate:01/07/2000





(1)	As soon as reasonably possible after receipt of a notice of 
appeal from the Commissioner under section 14, the Secretary for Economic 
Services shall appoint an Appeal Board to hear the appeal and the Board 
shall consist of the chairman or deputy chairman of the panel, who shall 
be chairman of the Board, and 1 member from each of the other categories 
of the Appeal Board panel.  (Amended L.N. 218 of 2000)

(2)	The chairman of the Appeal Board shall have a casting vote.

(3)	Each member shall be remunerated out of money provided by the 
Legislative Council for the purpose at a rate that the Financial Secretary 
may determine.
(Enacted 1992)


TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SECT 16
Appeal Board VerDate:30/06/1997




(1)	As soon as reasonably possible after receipt of a notice of 
appeal from the Commissioner under section 14, the Secretary for Trade and 
Industry shall appoint an Appeal Board to hear the appeal and the Board 
shall consist of the chairman or deputy chairman of the panel, who shall 
be chairman of the Board, and 1 member from each of the other categories 
of the Appeal Board panel.

(2)	The chairman of the Appeal Board shall have a casting vote.

(3)	Each member shall be remunerated out of money provided by the 
Legislative Council for the purpose at a rate that the Financial Secretary 
may determine.
(Enacted 1992)



TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SECT 17
Proceedings before the Appeal Board VerDate:30/06/1997




(1)	The chairman of the Appeal Board shall notify the appellant of 
the time and place of its hearing of the appeal.

(2)	The appellant and the Commissioner may be represented by an 
agent or a barrister qualified to practise as such or a solicitor 
qualified to act as such under the Legal Practitioners Ordinance (Cap 159) 
at a proceeding before the Appeal Board.

(3)	The appellant and the Commissioner may adduce evidence.

(4)	The Appeal Board shall establish its procedure for hearing the 
appeal.
(Enacted 1992)



TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SECT 18
Appeal Board powers VerDate:30/06/1997




(1)	The Appeal Board may, by notice under the signature of the 
chairman-

        (a)	order a person to attend before the Board and give evidence;

        (b)	order a person to produce documents,
and a person who fails or refuses to comply with an order of the Appeal 
Board made under this subsection commits an offence.

(2)	The Appeal Board may-

        (a)	confirm or revoke the decision or action of the Commissioner;

        (b)	make any decision that the Commissioner could have made; or

        (c)	order the Commissioner to take any action within his powers.

(3)	The Appeal Board may make any order it thinks fit with regard 
to the payment of costs of proceedings under this section and the costs of 
the Commissioner or of any person in respect of whom the proceedings are 
brought.

(4)	The Appeal Board shall notify the appellant and the 
Commissioner of its decision and the reasons for it.

(5)	Costs awarded or imposed under this section are recoverable as 
a civil debt.
(Enacted 1992)



TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SECT 19
Appointment of authorized officers VerDate:30/06/1997



PART VIII

ENFORCEMENT

The Commissioner may appoint any public officer to be an authorized 
officer for the purposes of this Ordinance.
(Enacted 1992)



TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SECT 20
Power to enter premises and inspect and seize goods and documents VerDate:30/06/1997




(1)	An authorized officer may, on production, if required, of 
evidence of his appointment-

        (a)	subject to section 21, for the purpose of ascertaining whether 
or not any offence under this Ordinance has been or is being committed, 
inspect any goods and enter any premises, vehicle, vessel or aircraft;

        (b)	if he has reasonable cause to suspect that an offence under 
this Ordinance has been committed, seize or detain any goods for the 
purpose of ascertaining, by testing or otherwise, whether or not the 
offence has been committed;

        (c)	for the purpose of ascertaining whether or not an offence under 
this Ordinance has been committed, require any person carrying on or 
employed in connection with, a trade or business to produce any books or 
documents relating to the trade or business, and may take originals or 
copies of, or of any entry in, a book or document;

        (d)	in the case of any premises, vehicle, vessel or aircraft in 
which he has reasonable cause to suspect that there are goods in respect 
of which an offence under this Ordinance has been or is being committed-

        (i)	enter and search those premises;

        (ii)	stop, board and search that vehicle, vessel or aircraft; and

        (e)	seize, remove or detain-

        (i)	any goods in respect of which he has reasonable cause to 
suspect an offence under this Ordinance has been or is being committed; and

        (ii)	anything which he has reason to believe may be required as 
evidence in proceedings for an offence under this Ordinance.

(2)	An authorized officer may-

        (a)	break open any container or open any vending machine for the 
purpose of exercising his powers under subsection (1)(e) to seize goods;

        (b)	break open any outer or inner door necessary to conduct a 
search authorized by this Ordinance;

        (c)	forcibly board any vehicle, vessel or aircraft which he is 
empowered by this Ordinance to stop, board or search;

        (d)	remove by force any person or thing obstructing him in the 
exercise of any power conferred on him by this Ordinance;

        (e)	for the duration of a search or for such shorter period as the 
officer considers appropriate, detain any person found during a search 
authorized by this Ordinance where the officer, after inquiry, has 
reasonable grounds for believing the person is connected with the 
subject-matter of the search and the officer considers it necessary to 
detain the person in order to be able to adequately perform the search;

        (f)	arrest or detain for further inquiry any person whom he 
reasonably suspects is committing or has committed an offence under this 
Ordinance; and

        (g)	detain any vehicle, vessel or aircraft which he is empowered by 
this Ordinance to stop, board and search until it has been so searched.

(3)	An authorized officer who arrests a person under subsection 

(2)(f) shall forthwith take the person to a police station or, if in the 
opinion of that authorized officer further inquiries are necessary, first 
to an office of the Customs and Excise Department and then to a police 
station, there to be dealt with in accordance with the provisions of the 
Police Force Ordinance (Cap 232); but, whether arrested or not, in no case 
shall a person be detained under subsection (2)(f) for more than 48 hours 
without being charged and brought before a magistrate.

(4)	If any person forcibly resists or attempts to evade arrest 
under subsection (2)(f), the authorized officer may use such force as is 
reasonably necessary to effect the arrest.
(Enacted 1992)



TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SECT 21
Restrictions on entry and search VerDate:30/06/1997




(1)	No domestic premises shall be entered and searched by an 
authorized officer unless-

        (a)	a magistrate has issued a warrant under subsection (2); or

        (b)	the Commissioner has given an authorization under subsection 

(3).

(2)	A magistrate may, if he is satisfied by information on oath 
that there is reasonable ground for suspecting that there are in any 
domestic premises any goods or thing which may be seized, removed or 
detained under section 20(1)(e), issue a warrant authorizing an authorized 
officer to enter and search the premises.

(3)	The Commissioner may, if he is satisfied that there is 
reasonable ground for suspecting-

        (a)	that there is in any domestic premises any goods or thing which 
may be seized, removed or detained under section 20(1)(e); and

        (b)	that unless the premises are entered and searched immediately 
such goods or thing are likely to be removed from the premises,
authorize in writing an authorized officer to enter and search the 
premises.

(4)	An authorized officer authorized under subsection (2) or (3) to 
enter and search domestic premises may take with him any other person and 
any equipment as may appear to him to be necessary to assist him in 
entering and searching the premises.
(Enacted 1992)



TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SECT 22
Power to obtain information VerDate:30/06/1997




(1)	Where, in the opinion of the Commissioner, a person possesses 
information that the Commissioner needs to assist him in deciding whether 
to serve, vary or revoke-

        (a)	a notice to warn;

        (b)	a prohibition notice; or

        (c)	a recall notice,
he may serve on that person a notice under this section.

(2)	For the purposes of subsection (1), a notice may require a 
person-

        (a)	to furnish to the Commissioner, within a period specified in 
the notice, the information specified; and

        (b)	to produce records specified in the notice at a time and place 
specified and to permit a person appointed by the Commissioner to take 
copies of the records at that time and place.

(3)	A person who-

        (a)	fails, without reasonable excuse, to comply with a notice 
served on him under this section;

        (b)	furnishes information which he knows is false in a material 
particular; or

        (c)	recklessly furnishes information which is false in a material 
particular,
commits an offence.
(Enacted 1992)



TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SECT 23
Obstruction VerDate:30/06/1997




(1)	A person who-

        (a)	wilfully obstructs an authorized officer in the exercise of his 
powers or the performance of his duties under this Ordinance; or

        (b)	without reasonable excuse fails to give such authorized officer 
any other assistance or information which the authorized officer may 
reasonably require of him for the purpose of the performance of the 
officer's functions under this Ordinance,
commits an offence.

(2)	A person who, in giving information which is required of him by 
virtue of subsection (1)(b)-

        (a)	makes a statement which he knows is false in a material 
particular; or

        (b)	recklessly makes a statement which is false in a material 
particular,
commits an offence.

(3)	Nothing in subsection (1)(b) shall be construed as requiring a 
person to answer any question or give any information if to do so might 
incriminate him.
(Enacted 1992)



TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SECT 24
Destruction or release of seized goods VerDate:30/06/1997




(1)	Where-

        (a)	toys have been manufactured, imported or supplied contrary to 
section 3;

        (b)	children's products have been manufactured, imported or 
supplied contrary to section 5; or

        (c)	toys or children's products have been manufactured, imported or 
supplied contrary to section 8,
the goods shall be liable to be destroyed.

(2)	Where goods are seized or detained by an authorized officer 
under section 20, the Commissioner may at any time release the goods to 
the person who appears to him to be the owner thereof or his authorized 
agent subject to such conditions as the Commissioner may specify in 
writing.

(3)	Where goods have not been released under subsection (2), the 
Commissioner may, whether in proceedings where an offence is prosecuted or 
in other proceedings under this Ordinance, apply to a court or magistrate 
for the destruction of the goods.

(4)	If, on the hearing of an application under subsection (3), the 
court or magistrate is satisfied that the goods are liable to destruction, 
the court or magistrate may order that-

        (a)	the goods be destroyed; or

        (b)	where it is feasible to alter the goods so that they comply 
with this Ordinance, the goods be returned to the owner on condition that 
he so alter the goods, and supply the Commissioner with certification from 
an approved laboratory that they have been so altered and obtain the 
written approval of the Commissioner before supplying them to any person.

(5)	Where under subsection (3) an application is made to a court or 
magistrate for the destruction of goods otherwise than in proceedings 
where an offence is prosecuted, the Commissioner shall forthwith notify in 
writing the owner of the goods or his authorized agent, unless the owner 
or his authorized agent has indicated in writing to the Commissioner that 
such notification is not required or unless the owner of the goods cannot 
reasonably be ascertained.

(6)	If there is more than one owner of the goods, it shall be 
sufficient for the purposes of subsection (5) to give notice to one such 
owner or his authorized agent or for one such owner or his authorized 
agent to indicate that such notification is not required.
(Enacted 1992)



TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SECT 25
Defence of due diligence VerDate:30/06/1997



PART IX

MISCELLANEOUS


(1)	In any proceedings against a person for an offence under 
section 3, 5, 8, 10, 11, 12 or 13 or a regulation made under section 35, 
it shall be a defence for that person to show that he took all reasonable 
steps and exercised all due diligence to avoid committing the offence.

(2)	Where in any proceedings the defence provided by subsection (1) 
involves an allegation that the commission of the offence was due-

        (a)	to the act or default of another person; or

        (b)	to reliance on information given by another,
that person shall not, without the leave of the court, be entitled to rely 
on the defence unless, not less than 7 clear working days before the 
hearing of the proceedings, he has served a notice on the person bringing 
the proceedings giving such information identifying or assisting in the 
identification of the person who committed the act or default or gave the 
information as is in the possession of the person serving the notice at 
the time he serves it.

(3)	A person shall not be entitled to rely on the defence provided 
by subsection (1) by reason of his reliance on information supplied by 
another person, unless he shows that it was reasonable in all the 
circumstances for him to have relied on the information, having regard in 
particular-

        (a)	to the steps which he took, and those which might reasonably 
have been taken, for the purpose of verifying the information; and

        (b)	to whether he had any reason to disbelieve the information.

(4)	A court, in making a decision on the defence provided under 
subsection (1), may take into consideration the existence of a certificate 
from an approved laboratory under section 9(2) showing that samples of the 
toy or children's product which is the subject of the prosecution had been 
tested before being sold and had complied with the safety standard 
specified in the certificate.
(Enacted 1992)



TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SECT 26
Liability of persons other than principal offender VerDate:30/06/1997




(1)	Where the commission by any person of an offence to which 
section 25 applies is due to an act or default committed by some other 
person in the course of any business of his, the other person shall be 
guilty of the offence and may be proceeded against and punished whether or 
not proceedings are taken against the first-mentioned person.

(2)	Where a body corporate is guilty of an offence under this 
Ordinance in respect of any act or default which is shown to have been 
committed with the consent or connivance of, or to be attributable to any 
neglect on the part of, any director, manager, secretary or other similar 
officer of the body corporate or any person who was purporting to act in 
any such capacity he, as well as the body corporate, shall be guilty of 
that offence and shall be liable to be proceeded against.

(3)	Where the affairs of a body corporate are managed by its 
members, subsection (2) applies in relation to the acts and defaults of a 
member in connection with his functions of management as if he were a 
director of the body corporate.

(4)	Where the person who is guilty of an offence under this 
Ordinance is a firm and it is proved that the offence was committed with 
the consent or connivance of, or was attributable to any neglect on the 
part of, any partner in the firm or any person concerned in the management 
of the firm, the partner or the person concerned in the management of the 
firm shall be guilty of the like offence.
(Enacted 1992)



TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SECT 27
Compensation for seizure and detention VerDate:30/06/1997




(1)	Where any goods are seized or detained by an authorized officer 
under section 20 the Government shall, subject to this section, be liable 
to compensate the owner of the goods for any loss suffered by him by 
reason of the seizure or detention or by reason that the goods, during the 
detention, are lost or damaged; but the owner shall not be entitled to 
compensation for the loss if-

        (a)	he is convicted of an offence under this Ordinance committed in 
relation to the goods;

        (b)	an order has been made by a court or magistrate under section 
24(4) for the destruction of the goods or the return of the goods for 
alteration; or

        (c)	the court is satisfied during proceedings commenced by an owner 
for compensation under this section that the goods did not comply with-

        (i)	the applicable requirements of at least one of the sets of 
safety standards listed in section 3(1)(a), (b) and (c), the relevant 
specification, or at least one of the relevant specifications (if there is 
more than one specification), listed in the Schedule or an additional 
safety standard established by regulation; or  (Amended 16 of 1997 s. 11)

        (ii)	the general safety requirement under section 8.

(2)	In any proceedings against the Government in respect of a claim 
for compensation under subsection (1), the amount of the compensation 
recoverable shall be such amount as is just and equitable in all the 
circumstances of the case, including the conduct and comparative 
blameworthiness of-

        (a)	the owner of the goods;

        (b)	the person in charge or control of the goods at the time they 
were seized;

        (c)	the agents of the persons specified in paragraphs (a) and (b); 
and

        (d)	authorized officers, public officers and other persons 
concerned.

(3)	No proceedings shall be maintainable in respect of a claim for 
compensation under subsection (1) unless the proceedings are commenced-

        (a)	in the case of a claim for compensation in respect of goods 
released to their owner by order of a court or magistrate or by any person 
having authority to release the goods to him, not later than 6 months 
after the release thereof;

        (b)	in the case of a claim for compensation on the ground that any 
goods were lost during the detention thereof, not later than 6 months 
after-

        (i)	the discovery by the owner of the loss; or

        (ii)	the date on which the owner could, by the exercise of 
reasonable diligence, have discovered the loss,
whichever is the earlier.
(Enacted 1992)



TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SECT 28
Recovery of expenses of enforcement VerDate:30/06/1997



Where a court-

        (a)	convicts a person of an offence under section 3, 5 or 8; or

        (b)	makes an order under section 24 for the destruction of any 
goods or the return of the goods for alteration,
the court may, in addition to any other order it may make as to costs or 
expenses, order the person convicted or any person having an interest in 
the destroyed or altered goods to reimburse the Government Chemist for any 
costs associated with testing the goods and the Commissioner for any 
expenditure which has been or may be incurred by him-

        (i)	in connection with any seizure or detention of the goods;

        (ii)	in purchasing a toy or children's product for testing by the 
Government Chemist; or

        (iii)	in connection with any compliance by the Commissioner with 
directions given by the court for the purposes of any order for the 
destruction or alteration of the goods.
(Enacted 1992)



TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SECT 29
Storage of allegedly unsafe products VerDate:30/06/1997




(1)	An authorized officer may order the person in possession or 
control of any goods in respect of which the authorized officer has 
reasonable cause to suspect that an offence under this Ordinance has been 
committed or is being committed to cause the goods, at the person's 
expense, to be stored in a place specified by the authorized officer under 
such conditions as he may impose.

(2)	No person shall remove the goods stored in a specified place in 
accordance with the order of an authorized officer under subsection (1) 
from that place unless an authorized officer has authorized in writing the 
removal of the goods.

(3)	A person authorized in writing under subsection (2) to remove 
any goods from a specified place shall comply with such conditions as may 
be imposed by the authorized officer on the removal of the goods.

(4)	A person who fails or refuses to obey an order under subsection 

(1) or who contravenes subsection (2) or (3) commits an offence.
(Enacted 1992)



TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SECT 30
Innocent publication of advertisement VerDate:30/06/1997



In proceedings for an offence under this Ordinance committed by the 
publication of an advertisement, it shall be a defence for the person 
charged to prove that he is a person whose business is to publish or 
arrange for the publication of advertisements and that he received the 
advertisement for publication in the ordinary course of business and did 
not know and had no reason to suspect that its publication would amount to 
an offence under this Ordinance.
(Enacted 1992)



TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SECT 31
Penalties VerDate:30/06/1997




(1)	A person who commits an offence under section 3, 5, 8, 10, 11, 
12 or 13 shall be liable-

        (a)	on first conviction, to a fine of $100000 and to imprisonment 
for 1 year; and

        (b)	on subsequent conviction, to a fine of $500000 and to 
imprisonment for 2 years.

(2)	Where an offence referred to in subsection (1) is a continuing 
offence, in addition to the fine specified in that subsection the person 
shall be liable to a fine of $1000 for each day during which it is proved 
to the satisfaction of the court that the offence has continued.

(3)	A person who commits an offence under section 18(1), 22, 23, 26 
or 29 shall be liable to a fine of $10000 and to imprisonment for 1 year.  
(Amended 68 of 1995 s. 46)
(Enacted 1992)



TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SECT 32
Limitation on commencement of proceedings VerDate:30/06/1997



Notwithstanding section 26 of the Magistrates Ordinance (Cap 227), an 
information or complaint relating to an offence under this Ordinance may 
be tried if it is laid or made, as the case may be, at any time within 3 
years after the commission of the offence or within 12 months after the 
first discovery thereof by the prosecutor, whichever period expires first.
(Enacted 1992)



TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SECT 33
Defence of goods in transit, in the course of transhipment or manufactured for export VerDate:30/06/1997



In a prosecution for an offence under section 3, 5 or 8 or a regulation 
made under section 35, goods that are found in Hong Kong shall, in the 
absence of evidence to the contrary, be presumed to be goods that are not 
goods in transit, goods in the course of transhipment or goods 
manufactured for export.
(Enacted 1992)



TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SECT 34
Service of notices VerDate:14/12/2007





(1)	A notice or direction required to be served under this 
Ordinance shall be properly served if-

        (a)	in the case of an individual, it is delivered to him or, where 
it cannot conveniently be so delivered, it is-

        (i)	left at the address at which he ordinarily resides or carries 
on business or, if such an address is unknown, at his last known address; 
or

        (ii)	sent by post to him at any such address;

        (b)	in the case of-

        (i)	a company, it is delivered to an officer of the company or, 
where it cannot conveniently be so delivered, it is left at, or sent by 
post to, the company's registered office;

        (ii)	a non-Hong Kong company within the meaning of the Companies 
Ordinance (Cap 32), it is left with, or sent by post to, the person 
resident in Hong Kong who is authorized to accept service of process and 
notices on its behalf for the purposes of Part XI of that Ordinance;  
(Amended 30 of 2004 s. 3)

        (c)	in the case of a partnership, it is delivered to any partner 
or, where it cannot conveniently be so delivered, it is left at, or sent 
by post to, the address at which the partnership carries on business;

        (d)	in the case of a body corporate other than a company or an 
unincorporated body of persons other than a partnership, it is delivered 
to an officer of the body or, where it cannot conveniently be so 
delivered, it is left at, or sent by post to, the address at which the 
body carries on business.

(2)	For the purposes of subsection (1), every other body corporate 
other than a company and every unincorporated body of persons not being a 
partnership shall be deemed to carry on business at its principal office 
or place of business.

(3)	Where a notice or direction is served-

        (a)	by sending it by post, it shall, in the absence of evidence to 
the contrary, be deemed to have been served on the 7th day after the day 
on which it was sent; or

        (b)	by leaving it at an address referred to in subsection 

(1)(a)(i), (b)(i) or (ii), (c) or (d), as the case may be, it shall, in 
the absence of evidence to the contrary, be deemed to have been served on 
the 7th day after it was so left.
(Enacted 1992)


TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SECT 34
Service of notices VerDate:30/06/1997




(1)	A notice or direction required to be served under this 
Ordinance shall be properly served if-

        (a)	in the case of an individual, it is delivered to him or, where 
it cannot conveniently be so delivered, it is-

        (i)	left at the address at which he ordinarily resides or carries 
on business or, if such an address is unknown, at his last known address; 
or

        (ii)	sent by post to him at any such address;

        (b)	in the case of-

        (i)	a company, it is delivered to an officer of the company or, 
where it cannot conveniently be so delivered, it is left at, or sent by 
post to, the company's registered office;

        (ii)	an oversea company within the meaning of the Companies 
Ordinance (Cap 32), it is left with, or sent by post to, the person 
resident in Hong Kong who is authorized to accept service of process and 
notices on its behalf for the purposes of Part XI of that Ordinance;

        (c)	in the case of a partnership, it is delivered to any partner 
or, where it cannot conveniently be so delivered, it is left at, or sent 
by post to, the address at which the partnership carries on business;

        (d)	in the case of a body corporate other than a company or an 
unincorporated body of persons other than a partnership, it is delivered 
to an officer of the body or, where it cannot conveniently be so 
delivered, it is left at, or sent by post to, the address at which the 
body carries on business.

(2)	For the purposes of subsection (1), every other body corporate 
other than a company and every unincorporated body of persons not being a 
partnership shall be deemed to carry on business at its principal office 
or place of business.

(3)	Where a notice or direction is served-

        (a)	by sending it by post, it shall, in the absence of evidence to 
the contrary, be deemed to have been served on the 7th day after the day 
on which it was sent; or

        (b)	by leaving it at an address referred to in subsection 

(1)(a)(i), (b)(i) or (ii), (c) or (d), as the case may be, it shall, in 
the absence of evidence to the contrary, be deemed to have been served on 
the 7th day after it was so left.
(Enacted 1992)



TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SECT 35
Regulations VerDate:01/07/2007


For the saving and transitional provisions relating to the amendments made 
by the Resolution of the Legislative Council (L.N. 130 of 2007), see 
paragraph (12) of that Resolution.

(1)	The Secretary for Commerce and Economic Development may by 
regulation provide for all or any of the following matters-  (Amended L.N. 
218 of 2000; L.N. 106 of 2002; L.N. 130 of 2007)

        (a)	designating a product as a children's product;

        (b)	establishing additional safety standards applicable to toys or 
a class of toys including, without limiting the generality of the 
foregoing, more stringent standards in respect of a matter provided for in 
all or some of the safety standards referred to in section 3;

        (c)	establishing additional safety standards applicable to a 
specified children's product including, without limiting the generality of 
the foregoing, more stringent standards in respect of a matter provided 
for in a specification referred to in section 5;

        (d)	prohibiting the manufacture, importation or supply of a 
specified toy or children's product or a class of toy or children's 
product;

        (e)	specifying provisions of the Ordinance that will apply to toys 
or children's products for which safety standards are established by the 
regulations.

(2)	A regulation may provide that a person who contravenes it 
commits an offence and shall be liable-

        (a)	on first conviction, to a fine of $100000 and to imprisonment 
for 1 year; and

        (b)	on subsequent conviction, to a fine of $500000 and to 
imprisonment for 2 years.
(Enacted 1992)



TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SECT 35
Regulations VerDate:01/07/2002




(1)	The Secretary for Economic Development and Labour may by 
regulation provide for all or any of the following matters-  (Amended L.N. 
218 of 2000; L.N. 106 of 2002)

        (a)	designating a product as a children's product;

        (b)	establishing additional safety standards applicable to toys or 
a class of toys including, without limiting the generality of the 
foregoing, more stringent standards in respect of a matter provided for in 
all or some of the safety standards referred to in section 3;

        (c)	establishing additional safety standards applicable to a 
specified children's product including, without limiting the generality of 
the foregoing, more stringent standards in respect of a matter provided 
for in a specification referred to in section 5;

        (d)	prohibiting the manufacture, importation or supply of a 
specified toy or children's product or a class of toy or children's 
product;

        (e)	specifying provisions of the Ordinance that will apply to toys 
or children's products for which safety standards are established by the 
regulations.

(2)	A regulation may provide that a person who contravenes it 
commits an offence and shall be liable-

        (a)	on first conviction, to a fine of $100000 and to imprisonment 
for 1 year; and

        (b)	on subsequent conviction, to a fine of $500000 and to 
imprisonment for 2 years.
(Enacted 1992)



TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SECT 35
Regulations VerDate:01/07/2000





(1)	The Secretary for Economic Services may by regulation provide 
for all or any of the following matters-  (Amended L.N. 218 of 2000)

        (a)	designating a product as a children's product;

        (b)	establishing additional safety standards applicable to toys or 
a class of toys including, without limiting the generality of the 
foregoing, more stringent standards in respect of a matter provided for in 
all or some of the safety standards referred to in section 3;

        (c)	establishing additional safety standards applicable to a 
specified children's product including, without limiting the generality of 
the foregoing, more stringent standards in respect of a matter provided 
for in a specification referred to in section 5;

        (d)	prohibiting the manufacture, importation or supply of a 
specified toy or children's product or a class of toy or children's 
product;

        (e)	specifying provisions of the Ordinance that will apply to toys 
or children's products for which safety standards are established by the 
regulations.

(2)	A regulation may provide that a person who contravenes it 
commits an offence and shall be liable-

        (a)	on first conviction, to a fine of $100000 and to imprisonment 
for 1 year; and

        (b)	on subsequent conviction, to a fine of $500000 and to 
imprisonment for 2 years.
(Enacted 1992)


TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SECT 35
Regulations VerDate:30/06/1997




(1)	The Secretary for Trade and Industry may by regulation provide 
for all or any of the following matters-

        (a)	designating a product as a children's product;

        (b)	establishing additional safety standards applicable to toys or 
a class of toys including, without limiting the generality of the 
foregoing, more stringent standards in respect of a matter provided for in 
all or some of the safety standards referred to in section 3;

        (c)	establishing additional safety standards applicable to a 
specified children's product including, without limiting the generality of 
the foregoing, more stringent standards in respect of a matter provided 
for in a specification referred to in section 5;

        (d)	prohibiting the manufacture, importation or supply of a 
specified toy or children's product or a class of toy or children's 
product;

        (e)	specifying provisions of the Ordinance that will apply to toys 
or children's products for which safety standards are established by the 
regulations.

(2)	A regulation may provide that a person who contravenes it 
commits an offence and shall be liable-

        (a)	on first conviction, to a fine of $100000 and to imprisonment 
for 1 year; and

        (b)	on subsequent conviction, to a fine of $500000 and to 
imprisonment for 2 years.
(Enacted 1992)



TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SECT 36
(Omitted as spent) VerDate:30/06/1997



(Omitted as spent)
(Enacted 1992)



TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SCHEDULE  
SCHEDULE VerDate:01/01/1999



[sections 2, 5, 6, 8, 9,
11, 12, 13 & 27]

Column 1	Column 2	Column 3
Children's
product	
	Specification	Amendment to specification
Babies' dummies	British Standard
	Specification for babies' dummies
	BS 5239:1988	
		
		AMD 6219:1989
		AMD 6336:1991
	ASTM standard
	Standard Consumer Safety Specification on toy safety
	ASTM F 963-96a	
	Australian Standard
	Babies' dummies
	AS 2432:1991	
	New Zealand Standard
	Babies' dummies
	NZS 5857:1993
	(identical to AS 2432:1991)
		
Baby nests 	British Standard
	Specification for safety requirements for baby nests
	BS 6595:1985
		
Baby walking frames	British Standard
	Specification for safety requirements for baby walking frames
	BS 4648:1989
		
		
		
		AMD 6680:1991
		AMD 6948:1992
	ASTM Standard
	Standard Consumer Safety Performance Specification for infant walkers
	ASTM F 977-96
		
Bottle teats	British Standard
	Specification for babies' elastomeric feeding bottle teats
	BS 7368:1990
		
Bunk beds for
domestic use	British Standard
	Furniture-bunk beds for domestic use Part 1. Safety requirements
	BS EN 747-1:1993	
		
		
		
	British Standard
	Furniture-bunk beds for domestic use Part 2. Test methods
	BS EN 747-2:1993	
		
		
		AMD 8084:1993
	ASTM Standard
	Standard Consumer Safety Specification for Bunk Beds
	ASTM F 1427-96	
	Australian/New Zealand Standard
	Bunk beds
	AS/NZS 4220:1994	
	European Standard
	Furniture-Bunk beds for domestic use-
	Part 1: Safety requirements and
	Part 2: Test methods
	EN 747-1 & 2:1993	
	International Standard
	Bunk beds for domestic use-
	Safety requirements and tests-
	Part 1: Safety requirements and
	Part 2: Test methods
	ISO 9098-1 & 2:1994
		
Carry cots and similar handled products and stands	British Standard
	Specification for safety requirements for carry cots and similar handled 
products and stands
	BS 7551:1992	
	Australian Standard
	Carry cots and stands (Safety requirements)
	AS 2196:1978	
	New Zealand Standard
	Carry cots and stands (Safety requirements)
	NZS 5844:1989
	(identical to AS 2196:1978)
		
Child safety barriers for domestic use	British Standard
	Specification for child safety barriers for domestic use
	BS 4125:1991	
	ASTM Standard
	Standard Consumer Safety Specification for expansion gates and expandable 
enclosures
	ASTM F 1004-92
		
Children's cots for domestic use	British Standard
	Furniture-Children's cots and folding cots for domestic use-Part 1 Safety 
requirements and Part 2 Test methods
	BS EN 716-1 & 2:1996	
		
		
		
		
	ASTM Standard
	Standard Specification for full size baby crib
	ASTM F 1169-88	
	European Standard
	Furniture-Children's cots and folding cots for domestic use-
	Part 1: Safety requirements and
	Part 2: Test methods
	EN 716-1 & 2:1995	
	International Standard
	Children's cots and folding cots for domestic use-
	Part 1: Safety requirements and
	Part 2: Test methods
	ISO 7175-1 & 2:1997
		
Children's high chairs and multi-purpose high chairs for domestic use	British 
Standard
	Specification for safety requirements for children's high chairs and multi-
	purpose high chairs for domestic use
	BS 5799:1986	
		
		
		
		AMD 6681:1991
	ASTM Standard
	Standard Consumer Safety Specification for high chairs
	ASTM F 404-89	
	International Standard
	Furniture-Children's high chairs-
	Part 1: Safety requirements and
	Part 2: Test methods
	ISO 9221-1 & 2:1992	
	New Zealand Standard
	Specification for safety requirements for children's high chairs and 
multi-purpose high chairs for domestic use
	NZS/BS 5799:1986
		
Children's paints	British Standard Safety of toys Part 3.
	Specification for migration of certain elements
	BS 5665: Part 3:1995
	(identical to EN 71-3:1994)	
	ASTM Standard
	Standard Consumer Safety Specification on toy safety
	ASTM F 963-96a	
	Australian Standard
	Children's toys (Safety requirements)-Part 3: Toxicological requirements
	AS 1647.3:1995	
	European Standard
	Safety of toys-Part 3: Migration of certain elements
	EN 71-3:1994	
	New Zealand Standard
	Specification for the safety of toys
	NZS 5820:1982	
	International Standard Safety of toys-
	Part 3: Migration of certain elements
	ISO 8124-3:1997
		
Children's safety harnesses	British Standard
	Specification for safety harnesses (including detachable walking reins) 
for restraining children when in perambulators (baby carriages), 
pushchairs and high chairs and when walking
	BS 6684:1989	
		
		
		
		
		
		
		AMD 6531:1990
	Australian Standard Harnesses for use in prams, strollers, and high chairs 

        (including a detachable walking rein)
	AS 3747-1989
		
Playpens for domestic use	British Standard
	Specification for safety requirements for playpens for domestic use
	BS 4863:1991	
	ASTM Standard
	Standard Consumer Safety Specification for play yards
	ASTM F 406-97
		
Wheeled child conveyances	British Standard
	Specification for safety requirements for wheeled child conveyances
	BS 7409:1996	
		
		
		AMD 9270:1996
	ASTM Standard
	Standard Consumer Safety Performance Specification for carriages and 
strollers
	ASTM F 833-97	
	Australian Standard/New Zealand Standard
	Prams and Strollers-Safety requirements
	AS/NZS 2088:1993	
(Replaced 16 of 1997 s. 12. Amended L.N. 418 of 1997; L.N. 333 of 1998)



TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SCHEDULE  
SCHEDULE VerDate:28/11/1998



[sections 2, 5, 6, 8, 9,
11, 12, 13 & 27]

Column 1	Column 2	Column 3
Children's
product	
	Specification	Amendment to specification
Babies' dummies	British Standard
	Specification for babies' dummies
	BS 5239:1988	
		
		AMD 6219:1989
		AMD 6336:1991
	ASTM standard
	Standard Consumer Safety Specification on toy safety
	ASTM F 963-96a	
	Australian Standard
	Babies' dummies
	AS 2432:1991	
	New Zealand Standard
	Babies' dummies
	NZS 5857:1993
	(identical to AS 2432:1991)
		
Baby nests 	British Standard
	Specification for safety requirements for baby nests
	BS 6595:1985
		
Baby walking frames	British Standard
	Specification for safety requirements for baby walking frames
	BS 4648:1989
		
		
		
		AMD 6680:1991
		AMD 6948:1992
	ASTM Standard
	Standard Consumer Safety Performance Specification for infant walkers
	ASTM F 977-96
		
Bottle teats	British Standard
	Specification for babies' elastomeric feeding bottle teats
	BS 7368:1990
		
Bunk beds for
domestic use	British Standard
	Furniture-bunk beds for domestic use Part 1. Safety requirements
	BS EN 747-1:1993	
		
		
		
	British Standard
	Furniture-bunk beds for domestic use Part 2. Test methods
	BS EN 747-2:1993	
		
		
		AMD 8084:1993
	ASTM Standard
	Standard Consumer Safety Specification for Bunk Beds
	ASTM F 1427-96	
	Australian/New Zealand Standard
	Bunk beds
	AS/NZS 4220:1994	
	European Standard
	Furniture-Bunk beds for domestic use-
	Part 1: Safety requirements and
	Part 2: Test methods
	EN 747-1 & 2:1993	
	International Standard
	Bunk beds for domestic use-
	Safety requirements and tests-
	Part 1: Safety requirements and
	Part 2: Test methods
	ISO 9098-1 & 2:1994
		
Carry cots and similar handled products and stands	British Standard
	Specification for safety requirements for carry cots and similar handled 
products and stands
	BS 7551:1992	
	Australian Standard
	Carry cots and stands (Safety requirements)
	AS 2196:1978	
	New Zealand Standard
	Carry cots and stands (Safety requirements)
	NZS 5844:1989
	(identical to AS 2196:1978)
		
Child safety barriers for domestic use	British Standard
	Specification for child safety barriers for domestic use
	BS 4125:1991	
	ASTM Standard
	Standard Consumer Safety Specification for expansion gates and expandable 
enclosures
	ASTM F 1004-92
		
Children's cots for domestic use	British Standard
	Furniture-Children's cots and folding cots for domestic use-Part 1 Safety 
requirements and Part 2 Test methods
	BS EN 716-1 & 2:1996	
		
		
		
		
	ASTM Standard
	Standard Specification for full size baby crib
	ASTM F 1169-88	
	European Standard
	Furniture-Children's cots and folding cots for domestic use-
	Part 1: Safety requirements and
	Part 2: Test methods
	EN 716-1 & 2:1995	
	International Standard
	Children's cots and folding cots for domestic use-
	Part 1: Safety requirements and
	Part 2: Test methods
	ISO 7175-1 & 2:1997
		
Children's high chairs and multi-purpose high chairs for domestic use	British 
Standard
	Specification for safety requirements for children's high chairs and multi-
	purpose high chairs for domestic use
	BS 5799:1986	
		
		
		
		AMD 6681:1991
	ASTM Standard
	Standard Consumer Safety Specification for high chairs
	ASTM F 404-89	
	International Standard
	Furniture-Children's high chairs-Part 1: Safety requirements and Part 2: 
Test methods
	ISO 9221-1 & 2:1992	
	New Zealand Standard
	Specification for safety requirements for children's high chairs and 
multi-purpose high chairs for domestic use
	NZS/BS 5799:1986
		
Children's paints	British Standard Safety of toys Part 3.
	Specification for migration of certain elements
	BS 5665: Part 3:1995
	(identical to EN 71-3:1994)	
	ASTM Standard
	Standard Consumer Safety Specification on toy safety
	ASTM F 963-96a	
	Australian Standard
	Children's toys (Safety requirements)-Part 3: Toxicological requirements
	AS 1647.3:1995	
	European Standard
	Safety of toys-Part 3: Migration of certain elements
	EN 71-3:1994	
	New Zealand Standard
	Specification for the safety of toys
	NZS 5820:1982	
	International Standard Safety of toys-
	Part 3: Migration of certain elements
	ISO 8124-3:1997
		
Children's safety harnesses	British Standard
	Specification for safety harnesses (including detachable walking reins) 
for restraining children when in perambulators (baby carriages), 
pushchairs and high chairs and when walking
	BS 6684:1989	
		
		
		
		
		
		
		AMD 6531:1990
	Australian Standard Harnesses for use in prams, strollers, and high chairs 

        (including a detachable walking rein)
	AS 3747-1989
		
Playpens for domestic use	British Standard
	Specification for safety requirements for playpens for domestic use
	BS 4863:1991	
	ASTM Standard
	Standard Consumer Safety Specification for play yards
	ASTM F 406-89
		
Wheeled child conveyances	British Standard
	Specification for safety requirements for wheeled child conveyances
	BS 7409:1996	
		
		
		
	ASTM Standard
	Standard Consumer Safety Performance
	Specification for carriages and strollers
	ASTM F 833-95a	
	Australian Standard/New Zealand Standard
	Prams and Strollers-Safety requirements
	AS/NZS 2088:1993	
(Replaced 16 of 1997 s. 12. Amended L.N. 418 of 1997; L.N. 333 of 1998)



TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SCHEDULE  
SCHEDULE VerDate:01/12/1997



[sections 2, 5, 6, 8, 9,
11, 12, 13 & 27]

Column 1	Column 2	Column 3
Children's
product	
	Specification	Amendment to specification
Babies' dummies	British Standard
	Specification for babies' dummies
	BS 5239:1988	
		
		AMD 6219:1989
		AMD 6336:1991
	ASTM standard
	Standard Consumer Safety Specification on toy safety
	ASTM F 963-96a	
	Australian Standard
	Babies' dummies
	AS 2432:1991	
	New Zealand Standard
	Babies' dummies
	NZS 5857:1993
	(identical to AS 2432:1991)
		
Baby nests 	British Standard
	Specification for safety requirements for baby nests
	BS 6595:1985
		
Baby walking frames	British Standard
	Specification for safety requirements for baby walking frames
	BS 4648:1989
		
		
		
		AMD 6680:1991
		AMD 6948:1992
	ASTM Standard
	Standard Consumer Safety Performance Specification for infant walkers
	ASTM F 977-96
		
Bottle teats	British Standard
	Specification for babies' elastomeric feeding bottle teats
	BS 7368:1990
		
Bunk beds for
domestic use	British Standard
	Furniture-bunk beds for domestic use Part 1. Safety requirements
	BS EN 747-1:1993	
		
		
		
	British Standard
	Furniture-bunk beds for domestic use Part 2. Test methods
	BS EN 747-2:1993	
		
		
		AMD 8084:1993
		
Carry cots and similar handled products and stands	British Standard
	Specification for safety requirements for carry cots and similar handled 
products and stands
	BS 7551:1992	
	Australian Standard
	Carry cots and stands (Safety requirements)
	AS 2196:1978	
	New Zealand Standard
	Carry cots and stands (Safety requirements)
	NZS 5844:1989
	(identical to AS 2196:1978)
		
Child safety barriers for domestic use	British Standard
	Specification for child safety barriers for domestic use
	BS 4125:1991
		
Children's cots for domestic use	British Standard
	Furniture-Children's cots and folding cots for domestic use-Part 1 Safety 
requirements and Part 2 Test methods
	BS EN 716-1 & 2:1996
		
		
		
		
		
Children's high chairs and multi-purpose high chairs for domestic use	British 
Standard
	Specification for safety requirements for children's high chairs and multi-
	purpose high chairs for domestic use
	BS 5799:1986	
		
		
		
		AMD 6681:1991
	ASTM Standard
	Standard Consumer Safety Specification for high chairs
	ASTM F 404-89	
	International Standard
	Furniture-Children's high chairs-Part 1: Safety requirements and Part 2: 
Test methods
	ISO 9221-1 & 2:1992	
	New Zealand Standard
	Specification for safety requirements for children's high chairs and 
multi-purpose high chairs for domestic use
	NZS/BS 5799:1986
		
Children's paints	British Standard Safety of toys Part 3.
	Specification for migration of certain elements
	BS 5665: Part 3:1995
	(identical to EN 71-3:1994)	
	ASTM Standard
	Standard Consumer Safety Specification on toy safety
	ASTM F 963-96a	
	Australian Standard
	Children's toys (Safety requirements)-Part 3: Toxicological requirements
	AS 1647.3:1995	
	European Standard
	Safety of toys-Part 3: Migration of certain elements
	EN 71-3:1994	
	New Zealand Standard
	Specification for the safety of toys
	NZS 5820:1982
		
Children's safety harnesses	British Standard
	Specification for safety harnesses (including detachable walking reins) 
for restraining children when in perambulators (baby carriages), 
pushchairs and high chairs and when walking
	BS 6684:1989	
		
		
		
		
		
		
		AMD 6531:1990
		
Playpens for domestic use	British Standard
	Specification for safety requirements for playpens for domestic use
	BS 4863:1991	
	ASTM Standard
	Standard Consumer Safety Specification for play yards
	ASTM F 406-89
		
Wheeled child conveyances	British Standard
	Specification for safety requirements for wheeled child conveyances
	BS 7409:1996	
		
		
		
	ASTM Standard
	Standard Consumer Safety Performance
	Specification for carriages and strollers
	ASTM F 833-95a	
	Australian Standard/New Zealand Standard
	Prams and Strollers-Safety requirements
	AS/NZS 2088:1993	
(Replaced 16 of 1997 s. 12. Amended L.N. 418 of 1997)



TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SCHEDULE  
SCHEDULE VerDate:01/10/1997



[sections 2, 5, 6, 8, 9,
11, 12, 13 & 27]

Column 1	Column 2	Column 3
Children's
product	
	Specification	Amendment to specification
Babies' dummies	British Standard
	Specification for babies' dummies
	BS 5239:1988
	
	ASTM standard
	Standard Consumer Safety Specification on toy safety
	ASTM F 963-96a
	Australian Standard
	Babies' dummies
	AS 2432:1991
	New Zealand Standard
	Babies' dummies
	NZS 5857:1993
	(identical to AS 2432:1991)	
		
		AMD 6219:1989
		AMD 6336:1991
Baby nests 	British Standard
	Specification for safety requirements for baby nests
	BS 6595:1985	
Baby walking frames	British Standard
	Specification for safety requirements for baby walking frames
	BS 4648:1989
	
	ASTM Standard
	Standard Consumer Safety Performance Specification for infant walkers
	ASTM F 977-96	
		
		
		AMD 6680:1991
		AMD 6948:1992
Bottle teats	British Standard
	Specification for babies' elastomeric feeding bottle teats
	BS 7368:1990	
Bunk beds for
domestic use	British Standard
	Furniture-bunk beds for domestic use Part 1. Safety requirements
	BS EN 747-1:1993
	British Standard
	Furniture-bunk beds for domestic use Part 2. Test methods
	BS EN 747-2:1993 	
		
		
		
		
		
		
		AMD 8084:1993
Carry cots and similar handled products and stands	British Standard
	Specification for safety requirements for carry cots and similar handled 
products and stands
	BS 7551:1992
	Australian Standard
	Carry cots and stands (Safety requirements)
	AS 2196:1978
	New Zealand Standard
	Carry cots and stands (Safety requirements)
	NZS 5844:1989
	(identical to AS 2196:1978)	
Child safety barriers for domestic use	British Standard
	Specification for child safety barriers for domestic use
	BS 4125:1991	
Children's cots for domestic use	British Standard
	Specification for safety requirements for children's cots for domestic use
	BS 1753:1987	
		
		
		AMD 6265:1990
		AMD 7657:1993
Children's high chairs and multi-purpose high chairs for domestic use	British 
Standard
	Specification for safety requirements for children's high chairs and multi-
	purpose high chairs for domestic use
	BS 5799:1986
	ASTM Standard
	Standard Consumer Safety Specification for high chairs
	ASTM F 404-89
	International Standard
	Furniture-Children's high chairs-Part 1: Safety requirements and Part 2: 
Test methods
	ISO 9221-1 & 2:1992
	New Zealand Standard
	Specification for safety requirements for children's high chairs and 
multi-purpose high chairs for domestic use
	NZS/BS 5799:1986	
		
		
		
		AMD 6681:1991
Children's paints	British Standard Safety of toys Part 3.
	Specification for migration of certain elements
	BS 5665: Part 3:1989
	ASTM Standard
	Standard Consumer Safety Specification on toy safety
	ASTM F 963-96a
	Australian Standard
	Children's toys (Safety requirements)-Part 3: Toxicological requirements
	AS 1647.3:1995
	European Standard
	Safety of toys-Part 3: Migration of certain elements
	EN 71-3:1994
	New Zealand Standard
	Specification for the safety of toys
	NZS 5820:1982	
Children's safety harnesses	British Standard
	Specification for safety harnesses (including detachable walking reins) 
for restraining children when in perambulators (baby carriages), 
pushchairs and high chairs and when walking
	BS 6684:1989	
		
		
		
		
		
		
		AMD 6531:1990
Playpens for domestic use	British Standard
	Specification for safety requirements for playpens for domestic use
	BS 4863:1991
	ASTM Standard
	Standard Consumer Safety Specification for play yards
	ASTM F 406-89	
Wheeled child conveyances	British Standard
	Specification for safety requirements for wheeled child conveyances
	BS 7409:1991
	
	ASTM Standard
	Standard Consumer Safety Performance
	Specification for carriages and strollers
	ASTM F 833-95a
	Australian Standard/New Zealand Standard
	Prams and Strollers-Safety requirements
	AS/NZS 2088:1993	
		
		
		AMD 7177:1992
		AMD 8012:1993

(Replaced 16 of 1997 s. 12. Amended L.N. 418 of 1997)




TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SCHEDULE  
SCHEDULE VerDate:30/06/1997



                                                (sections 2, 5, 6, 8,
                                                          9, 11, 12, 13 & 
27)

      Column 1                  Column 2                        Column 3

     Children's                                                 Amendment 
to
      product                 Specification                     
specification

Babies' dummies    British Standard
                     Specification for babies' dummies
                     BS 5239:1988                             AMD 6219:1989
                                                              AMD 6336:1991

Baby nests         British Standard
                     Specification for safety requirements
                     for baby nests
                     BS 6595:1985

Baby walking       British Standard
  frames             Specification for safety requirements
                     for baby walking frames
                     BS 4648:1989                             AMD 6680:1991
                                                              AMD 6948:1992

Bottle teats       British Standard
                     Specification for babies' elastomeric
                     feeding bottle teats
                     BS 7368:1990

Bunk beds for      British Standard
  domestic use       Furniture-bunk beds for domestic
                     use Part 1. Safety requirements
                     BS EN 747-1:1993

                   British Standard
                     Furniture-bunk beds for domestic
                     use Part 2. Test methods
                     BS EN 747-2:1993                         AMD 8084:1993

Carry cots and     British Standard
  similar handled    Specification for safety requirements
  products and       for carry cots  and  similar  handled
  stands             products and stands
                     BS 7551:1992

Child safety       Specification for child safety barriers
  barriers for       for domestic use
  domestic use       BS 4125:1991

Children's cots    British Standard
  for domestic       Specification for safety requirements
  use                for children's cots for domestic use
                     BS 1753:1987                             AMD 6265:1990
                                                              AMD 7657:1993

Children's high    British Standard
  chairs and         Specification for safety requirements
  multi-purpose      for children's high chairs and multi-
  high chairs for    purpose high chairs for domestic use
  domestic use       BS 5799:1986                             AMD 6681:1991

Children's paints  British Standard Safety of
                     toys Part 3.
                     Specification for migration of certain
                     elements
                     BS 5665: Part 3:1989

Children's safety  British Standard
  harnesses          Specification  for safety  harnesses
                     (including detachable walking reins)
                     for  restraining  children  when  in
                     perambulators   (baby   carriages),
                     pushchairs and high chairs and when
                     walking
                     BS 6684:1989                             AMD 6531:1990

Playpens for use   British Standard
                     Specification for safety requirements
                     for playpens for domestic use
                     BS 4863:1991

Wheeled child      British Standard
  conveyances        Specification for safety requirements
                     for wheeled child conveyances
                     BS 7409:1991                             AMD 7177:1992
                                                              AMD 8012:1993
                                       (Replaced 16 of  1997 s. 12)