TUESDAY, APRIL 3, 1990
13
REDRAFTED IN A WAS POSITIVE
THE COMMISSION RECOMMENDED THAT SECTION 16 BE POSITIVE FORM TO EMPHASISE THE FACT THAT THERE REQUIREMENT FOR GOODS TO COMPLY WITH THE QUALITY STANDARD.
THE COMMISSION ALSO RECOMMENDED THAT THE DEFINITION OF MERCHANTABLE QUALITY IN SECTION 2(5) OF THE ORDINANCE SHOULD BE BETTER CLARIFIED BY INCLUDING ASPECTS OF QUALITY TO WHICH A BUYER IS ENTITLED TO EXPECT.
THE RECOMMENDED INCLUSIONS WERE APPEARANCE AND FINISH OF GOODS, THEIR FREEDOM FROM MINOR DEFECTS, DURABILITY AND SAFETY.
REGARDING REMEDIES AVAILABLE TO A BUYER, MISS LOH SAID THAT THE BUYER HAD THE ABSOLUTE RIGHT TO REJECT DEFECTIVE GOODS UNDER THE ORDINANCE AND THAT THE COMMISSION WISHED THAT RIGHT TO BE PRESERVED.
THE COMMISSION HAD NOT RECOMMENDED THAT A SELLER BE GIVEN A STATUTORY RIGHT TO CORRECT DEFECTS IN GOODS, ALTHOUGH IT WAS AWARE THAT THE RULE MIGHT BE THOUGHT TOO HARSH TO THE SELLER IF THE DEFECT WAS SMALL AND COULD BE EASILY REMEDIED.
COMMERCIAL
IN ANY CASE, BUSINESSMEN
"IT WOULD NOT BE EASY TO DEVISE CURE PROVISIONS FOR TRANSACTIONS WHICH ARE SIMPLE TO OPERATE. GENERALLY FIND SOLUTIONS THROUGH NEGOTIATIONS.
"WE ARE UNCONVINCED THAT GIVING THE SELLER A STATUTORY RIGHT TO CURE WOULD HELP BUSINESSMEN IN THE RESOLUTION OF DISPUTES.
"AS FOR CONSUMER PURCHASES, THE GENERAL LEVEL OF CONSUMER EDUCATION IN HONG KONG IS RELATIVELY LOW AND CONSUMER LEGISLATION NOT WELL DEVELOPED.
"THERE ARE GOOD GROUNDS FOR SAYING THAT THE LAW SHOULD PROTECT THE CONSUMER WHO IS OFTEN IN A WEAKER BARGAINING POSITION THAN THE SELLER.
Fr
"WE DO NOT WANT TO GIVE THE SELLER ANY GROUND FOR ARGUING THAT HE HAS A LEGAL BASIS TO RESIST REJECTION OF DEFECTION GOODS, MISS LOH SAID.
RISE IN SMOKING-RELATED DISEASE
*
HONG KONG HAS SEEN A SUBSTANTIAL RISE IN THE INCIDENCE OF SMOKING-RELATED DISEASES IN RECENT YEARS, WITH 2,361 DEATHS FROM CANCER IN 1988, ACCOUNTING FOR 29 PER CENT OF ALL CANCER.
LUNG
THE DEPUTY SECRETARY FOR HEALTH AND WELFARE, MR NIGEL SHIPMAN, SAID THIS TODAY (TUESDAY) WHEN HE ADDRESSED THE 7TH WORLD CONFERENCE ON TOBACCO AND HEALTH IN PERTH, AUSTRALIA.
/MR SHIPMAN