TRADE DESCRIPTIONS (MARKING) (GOLD AND GOLD ALLOY) ORDER - CHAPTER 362A TRADE DESCRIPTIONS (MARKING) (GOLD AND GOLD ALLOY) ORDER - LONG TITLE Empowering section VerDate:30/06/1997 (Cap 362 section 4) [1 January 1985] (L.N. 17 of 1984) TRADE DESCRIPTIONS (MARKING) (GOLD AND GOLD ALLOY) ORDER - PARAGRAPH 1 Citation VerDate:30/06/1997 This order may be cited as the Trade Descriptions (Marking) (Gold and Gold Alloy) Order. TRADE DESCRIPTIONS (MARKING) (GOLD AND GOLD ALLOY) ORDER - PARAGRAPH 2 Interpretation VerDate:30/06/1997 In this order, unless the context otherwise requires- "fineness" (純度) in relation to articles made of gold or gold alloy means the number of parts by weight of gold in one thousand parts by weight of alloy; "standard of fineness" (純度標準) means any one of the standards of fineness specified in the First Schedule. "fineness" (純度) "standard of fineness" (純度標準) TRADE DESCRIPTIONS (MARKING) (GOLD AND GOLD ALLOY) ORDER - PARAGRAPH 3 Application VerDate:30/06/1997 Except as provided in paragraph 8, this order shall apply to articles of gold or gold alloy containing not less than 8 carats or of a fineness of not less than 333. TRADE DESCRIPTIONS (MARKING) (GOLD AND GOLD ALLOY) ORDER - PARAGRAPH 4 Articles to be marked VerDate:30/06/1997 (1) Subject to sub-paragraph (3), every article of gold or gold alloy that is supplied or offered for supply by any person in the course of trade or business shall bear a mark- (a) in arabic numerals clearly indicating in carats, by number or by number and the letters "k", "c" or "ct" the fineness of the gold content in accordance with the standards of fineness specified in the First Schedule; or (b) in arabic numerals clearly indicating in parts per thousand the fineness of the gold content; or (c) consisting of the Chinese characters "足金" (Chuk Kam). (2) Each number or character of the mark specified in sub-paragraph (1) shall not be smaller than 0.5 mm2 in size. (3) This paragraph shall not apply to any article specified in the Second Schedule. TRADE DESCRIPTIONS (MARKING) (GOLD AND GOLD ALLOY) ORDER - PARAGRAPH 5 Articles of differing fineness VerDate:30/06/1997 (1) Subject to sub-paragraph (3), where an article mentioned in paragraph 4 consists of different parts which are of different finenesses of gold or gold alloy, then either- (a) each part shall be marked as if it were a separate article; or (b) one mark shall be affixed which shall be that of the fineness of the article as a whole. (2) Where an article mentioned in paragraph 4 consists of different parts one or more of which are of gold or gold alloy and another or other of which are of another metal, the part or parts which are of gold or gold alloy shall be marked under paragraph 4 and the other part or parts shall be described in the invoice or receipt supplied under paragraph 6. (3) Where- (a) in the case of an article the main body of which is of Chuk Kam standard, the solder used is of a fineness of not less than 800; (b) in the case of an article the main body of which is of a 916.6 standard, the solder used is of a fineness of not less than 750; (c) in the case of filigree work or a watch case, the main body of which is of a 750 standard, the solder used is of a fineness of not less than 740; (d) in the case of a white gold article the main body of which is of a 750 or 585 standard, the solder used is of a fineness of not less than 500, and if the solder constitutes not more than 5 per cent of the finished article, the finished article may be marked with the standard of fineness of the main body. TRADE DESCRIPTIONS (MARKING) (GOLD AND GOLD ALLOY) ORDER - PARAGRAPH 6 Supply to be accompanied by written particulars VerDate:30/06/1997 (1) Any person who, in the course of trade or business, supplies any article of gold or gold alloy shall, at the time of supply, deliver to the person to whom the article is supplied an invoice or receipt which shall contain- (a) the full name and address of the supplier; (b) details of the mark required under paragraph 4; and where appropriate,- (c) a description of the parts of the article of gold, and a description of the parts of other metal; (d) a description of the parts of the article of different finenesses; (e) a description of any article or part of any article exempted by virtue of the Second Schedule. (2) A supplier shall retain a copy of the invoice or receipt issued in accordance with sub-paragraph (1) for a period of not less than 3 years after the date of issue. TRADE DESCRIPTIONS (MARKING) (GOLD AND GOLD ALLOY) ORDER - PARAGRAPH 7 Notice to be displayed VerDate:30/06/1997 No article made of gold or gold alloy shall be supplied or offered for supply in the course of trade or business unless there is displayed at the point of supply or offer for supply a notice in the manner and form specified in the Third Schedule. The size of the notice must not be less than 210 mm x 297 mm, and the size of the letters and characters should not be less than 5 mm in height. TRADE DESCRIPTIONS (MARKING) (GOLD AND GOLD ALLOY) ORDER - PARAGRAPH 8 Surface treated articles VerDate:30/06/1997 If an article with a surface treatment of gold is marked with words describing such treatment which include the word "gold", the other words in such description shall not be less prominent than the word "gold". TRADE DESCRIPTIONS (MARKING) (GOLD AND GOLD ALLOY) ORDER - SCHEDULE 1 STANDARDS OF FINENESS VerDate:30/06/1997 [paragraphs 2 & 4] The standards of fineness (that is the number of parts by weight of gold in one thousand parts by weight of alloy) are- Standard Fineness, not less than 8 carat 333 9 carat 375 12 carat 500 14 carat 585 15 carat 625 18 carat 750 22 carat 916.6 Chuk Kam (足金) 990 and so in proportion for any other number of carats. TRADE DESCRIPTIONS (MARKING) (GOLD AND GOLD ALLOY) ORDER - SCHEDULE 2 EXEMPTED ARTICLES VerDate:01/07/1997 Adaptation amendments retroactively made - see 65 of 2000 s. 3 [paragraphs 4(3) & 6(1)(e)] 1. Any coin which is, or was formerly at any time, current coin of Hong Kong or elsewhere. (65 of 2000 s. 3) 2. Any article which has been used, or is intended to be used, for medical, dental, veterinary, scientific or industrial use. 3. Any article of gold thread. 4. Any raw material (including any bar, plate, sheet, foil, wire, strip or tube) or bullion. 5. Any article or part of an article which is so small or thin as to render the marking thereof impracticable, and which is less than 1 gram in weight. 6. Any article manufactured more than 100 years ago provided that this is so stated in the invoice or receipt required by paragraph 6(1) of the order. TRADE DESCRIPTIONS (MARKING) (GOLD AND GOLD ALLOY) ORDER - SCHEDULE 2 EXEMPTED ARTICLES VerDate:30/06/1997 [paragraphs 4(3) & 6(1)(e)] 1. Any coin which is, or was formerly at any time, current coin of Hong Kong or any other territory. 2. Any article which has been used, or is intended to be used, for medical, dental, veterinary, scientific or industrial use. 3. Any article of gold thread. 4. Any raw material (including any bar, plate, sheet, foil, wire, strip or tube) or bullion. 5. Any article or part of an article which is so small or thin as to render the marking thereof impracticable, and which is less than 1 gram in weight. 6. Any article manufactured more than 100 years ago provided that this is so stated in the invoice or receipt required by paragraph 6(1) of the order. TRADE DESCRIPTIONS (MARKING) (GOLD AND GOLD ALLOY) ORDER - SCHEDULE 3 VerDate:30/06/1997 [paragraph 7] NOTICE 告示 TRADE DESCRIPTIONS ORDINANCE 商品說明條例 (Chapter 362) (第362章) In accordance with the Trade Descriptions (Marking) (Gold and Gold Alloy) Order 1984, every article made of gold or gold alloy that is supplied or offered for supply in the course of trade or business shall bear a mark indicating the fineness of the gold content and a detailed invoice or receipt shall be issued by the supplier in respect of every article supplied. 按照《1984年商品說明(標記)(黃金及黃金合金)令》,每一件在營商過程或業務運作中所供應或要約供應的以黃金或黃金合金製成的製品,均須註有標記以顯示黃 金含量純度,而供應人亦須就其供應的每件製品發出詳細的發票或收據。 Standards of Fineness 純度標準 The standards of fineness (that is the number of parts by weight of gold in one thousand parts by weight of alloy) are - 純度標準(即按重量計算黃金在一千等份合金中所佔等份的數 字)如下─ Standard Fineness, not less than 標準 純度不低於 8 carat 333 8開 333 9 carat 375 9開 375 12 carat 500 12開 500 14 carat 585 14開 585 15 carat 625 15開 625 18 carat 750 18開 750 22 carat 916.6 22開 916.6 Chuk Kam (足金) 990 足金(Chuk Kam) 990 and so in proportion for any other number of carats. 其他開數則按上述比例類推。 (L.N. 87 of 1997)