XN000022-1977-07-13 — Page 2

WEDNESDAY, JULY 13, 1977

CONSUMER PROTECTION BILL WELCOMED

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THE SALE OF GOODS (AMENDMENT) BILL 1977 WILL LIMIT VERY SEVERELY THE UNDESIRABLE PRACTICE OF SOME CAREFULLY WORDED SALE EXCLUSION CLAUSES AND MAKE A VALUABLE CONTRIBUTION TOWARDS PROTECTING THE CONSUMER, THE HON. T.S. LO NOTED DURING THE SECOND READING OF THE BILL WHICH WAS PASSED BY THE LEGISLATIVE COUNCIL TODAY.

THE MOST OBVIOUS EXAMPLES OF THESE CLAUSES, WHICH HAVE OVER THE YEARS WHITTLED AWAY OR DENIED ALMOST ENTIRELY THE CONSUMER RIGHTS, ARE CONTAINED IN THE SO-CALLED +MANUFACTURERS' GUARANTEES+ SUPPLIED WITH GOODS SOLD, MR. LO POINTED OUT.

THERE ARE RIGHTS WHICH EVERY BUYER WOULD WANT TO HAVE AND WHICH EVERY SELLER WOULD WANT TO RESTRICT, MR. LO SAID.

+FOR EXAMPLE, IN SALES BY SAMPLE THE RIGHT THAT THE BULK SHALL CORRESPOND WITH THE SAMPLE IN QUALITY, IN A SALE BY DESCRIPTION THAT THE GOODS SHALL CORRESPOND WITH THE DESCRIPTION AND SHALL GENERALLY BE OF MERCHANTABLE QUALITY, AND IN A CASE WHERE THE BUYER MAKES KNOWN A PARTICULAR PURPOSE FOR WHICH THE GOODS ARE REQUIRED THE RIGHT THAT THE GOODS SUPPLIED SHALL BE REASONABLY FIT FOR THE PURPOSE.+

HE SAID THE NEW CONSUMER PROTECTION WAS PARTICULARLY VALUABLE IN HONG KONG BECAUSE OF THE SMALL CLAIMS TRIBUNAL. +IF THE FAULT COMPLAINED OF IN GOODS BOUGHT CAN BE RECTIFIED BY PAYMENT OF AN AMOUNT NOT EXCEEDING $3,000 THE TRIBUNAL WILL HAVE JURISDICTION TO HEAR THE COMPLAINT,+ HE SAID, NOTING THAT IT WAS CLEAR THE TRIBUNAL HAD THE CAPACITY TO ASSIST EVEN THE ILLITERATE TO MAKE CLAIMS,

THE UNOFFICIAL MEMBER URGED THE CONSUMER COUNCIL TO REGARD IT AS ITS RESPONSIBILITY TO PUBLICISE BY EVERY POSSIBLE MEANS THE NEW PROTECTION WHEN IT COMES INTO FORCE, BECAUSE IT WOULD BE VASTLY REDUCED UNLESS THE PROVISIONS OF THE BILL ARE MADE WIDELY KNOWN TO CONSUMERS.

HE ALSO URGED THE COUNCIL TO PUBLICISE THE EXISTENCE OF THE SMALL CLAIMS TRIBUNAL AS WELL AS ITS CONVENIENT PROCEDURE. IF MEMBERS OF THE PUBLIC CAN BE EDUCATED TO USE THE SMALL CLAIMS TRIBUNAL WHENEVER THEY HAVE A CLAIM WHICH COMES WITHIN ITS JURISDICTION THERE WILL, I HAVE NO DOUBT, BE AN INCREASE OF CASES GOING BEFORE THE TRIBUNAL,+ HE SAID.

HE ADDED THAT HE SHOULD BE GLAD TO HEAR FROM THE GOVERNMENT THAT IT IS SATISFIED THE TRIBUNAL WILL HAVE ADEQUATE STAFF BOTH IN QUANTITY AND QUALITY+ TO DEAL WITH THESE INCREASED CASES.

DR. THE HON. HENRY HU ALSO SUPPORTED THE BILL NOTING THAT THE AD HOC GROUP CONVENED BY MR. LO WAS GENERALLY SATISFIED THAT IT WOULD PROVIDE BETTER PROTECTION FOR CONSUMERS.

/HE EXPECTED