WEDNESDAY, APRIL 29, 1992

8

"THIS IS TO CATER FOR EMERGENCY SITUATIONS WHERE UNSAFE TOYS OR WHICH THERE ARE NO CHILDREN'S PRODUCTS ARE FOUND, IN RESPECT OF PRESCRIBED SAFETY STANDARDS, AND NEW SAFETY REGULATIONS CANNOT BE MADE SWIFTLY," MR CHAU SAID.

TO FACILITATE COMPLIANCE WITH THE STANDARDS, SUPPLIERS MAY HAVE THEIR PRODUCTS TESTED BY A LABORATORY APPROVED BY THE DIRECTOR-GENERAL OF INDUSTRY.

APPROVED

LABORATORIES

WILL INCLUDE LABORATORIES ACCREDITED UNDER THE HONG KONG LABORATORY ACCREDITATION SCHEME AND THOSE OVERSEAS LABORATORIES WITH EQUIVALENT STANDING.

COMPLIES PRODUCT THAT A

WITH THE TESTING RESULTS SHOWING RELEVANT SAFETY STANDARD WILL CREATE A PRESUMPTION THAT THE PRODUCT IS IN SAFE AND MAY BE USED BY THE SUPPLIER AS A DEFENCE OF DUE DILIGENCE COURT.

AND

THE

UNSAFE TOYS AS A TIME GAP MAY EXIST BETWEEN THE DISCOVERY OF CHILDREN'S PRODUCTS AND ANY SUBSEQUENT CONVICTION IN COURT, BILL PROVIDES FOR REMEDIAL MEASURES THROUGH A NOTICE SYSTEM TO PROTECT CHILDREN FROM SUSPECTED UNSAFE TOYS OR CHILDREN'S PRODUCTS.

ISSUR A IT ENABLES THE COMMISSIONER OF CUSTOMS AND EXCISE TO

WARNING THAT A 'NOTICE ΤΟ WARN', REQUIRING SUPPLIERS TO PUBLISH A SPECIFIED TOY OR CHILDREN'S PRODUCT MAY BE UNSAFE UNLESS CERTAIN STEPS ARE TAKEN;

A

'PROHIBITION NOTICE' TO STOP THE SALE OF A TOY OR CHILDREN'S PRODUCT; AND, IN EXTREME CASES, A 'RECALL NOTICE' TO RECALL RISK TO THOSE PRODUCT'S ALREADY SOLD WHICH CONSTITUTE A SIGNIFICANT CHILDREN.

MR CHAU SAID IT WOULD BE AN OFFENCE IF A PERSON DID NOT WITH ANY SUCH NOTICES SERVED ON HIM.

COMPLY

ISSUED

IN APPEALS AGAINST DECISIONS MADE OR NOTICES COMMISSIONER OF CUSTOMS AND EXCISE, HE SAID THESE MAY BE MADE APPEAL BOARD CHAIRED BY A LEGAL PRACTITIONER.

MEMBERS OF THE BOARD INCLUDE A GENERAL CONSUMER, WITH RELEVANT EXPERTISE AND A PERSON FROM THE TOYS PRODUCTS INDUSTRY.

BY THE то AN

A SCIENTIST OR CHILDREN'S

BY THE BILL ALSO PROVIDES THAT IF THE GOODS SEIZED OR DETAINED

BE SAFE, THE THE ENFORCEMENT AUTHORITY ARE SUBSEQUENTLY FOUND TO

ANY LOSS GOVERNMENT MAY BE LIABLE TO COMPENSATE THE GOODS OWNER FOR SUFFERED BY HIM AS A RESULT OF THE SEIZURE OR DETENTION.

GRACE SAID.

"TO GIVE THE INDUSTRY AND TRADE TIME TO ADJUST, THERE WILL BE A OPERATION, HE PERIOD OF ONE YEAR BEFORE THE BILL COMES INTO

DEBATE ON THE BILL WAS ADJOURNED.

0

19

Page 10Page 11

Share This Page