Hong Kong Ordinances

CONSUMER GOODS SAFETY ORDINANCE - SECT 2

Interpretation

(Past version on 01/07/2002).
(Past version on 01/07/2000).
(Past version on 01/07/1997).
(Past version on 30/06/1997).

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. 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;

"Appeal Board" (上訴委員會) means an Appeal Board appointed under
section 15;

"approved laboratory" (認可檢驗所) means a laboratory approved in writing
by the Commissioner for Innovation and Technology under section 11 to conduct
specified tests on consumer goods; (Amended L.N. 218 of 2000)

"approved standard" (認可標準) means a safety standard or safety
specification approved by the Secretary under section 5;

"authorized officer" (獲授權人員) means an officer holding an office
specified in Schedule 1 to the Customs and Excise Service Ordinance ( Cap 342)
or an officer appointed by the Commissioner under section 18 to be an
authorized  officer;

"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)

"consumer goods" (消費品) means goods which are ordinarily supplied for
private use or consumption, not being goods set out in the Schedule, and
includes the packaging in which the consumer goods are supplied;

"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 of being
        reproduced in a legible form;

"general safety requirement" (一般安全規定) means a duty to ensure that
consumer  goods are reasonably safe having regard to all the circumstances,
including those set out in section 4;

"goods in transit" (過境貨品) means consumer 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 45 of 1996 s. 2)

"new goods" (新貨品) means consumer goods that a manufacturer, importer,
wholesaler, retailer or another person is selling for the first time to a
consumer or another person, including a manufacturer, importer, wholesaler or
retailer, but does not include consumer goods that have been previously sold
to a consumer;

"notice to warn" (警告通知書) means a notice served under section 7;

"premises" (處所) 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 8;

"recall notice" (收回通知書) means a notice served under section 9;

"record" (紀錄) includes a document;

"Secretary" (局長) means the Secretary for Commerce and Economic
Development; (Replaced L.N. 106 of 2002. Amended L.N. 130 of 2007)

"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 consumer goods as a prize or to make
        a gift of the consumer goods;

"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 1994)

"advertise" (宣傳)

"Appeal Board" (上訴委員會)

"approved laboratory" (認可檢驗所)

"approved standard" (認可標準)

"authorized officer" (獲授權人員)

"Commissioner" (關長)

"consumer goods" (消費品)

"document" (文件)

"general safety requirement" (一般安全規定)

"goods in transit" (過境貨品)

"new goods" (新貨品)

"notice to warn" (警告通知書)

"premises" (處所)

"prohibition notice" (禁制通知書)

"recall notice" (收回通知書)

"record" (紀錄)

"Secretary" (局長)

"supply" (供應)

"transhipment" (轉運)