XN000022-1980-06-10 — Page 2

TUESDAY, JUNE 10, 1980

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TRADE DESCRIPTION BILL READY FOR LEGCO

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THE GOVERNMENT PLANS TO INTRODUCE LEGISLATION SOON THAT WOULD GIVE THE PUBLIC GREATER CONSUMER PROTECTION,

THE TRADE DESCRIPTION BILL 1980 WILL BE PUBLISHED IN THE GOVERNMENT GAZETTE ON FRIDAY NEXT WEEK (JUNE 20) AND IS EXPECTED TO BE INTRODUCED INTO THE LEGISLATIVE COUNCIL ON JUNE 25.

A GOVERNMENT SPOKESMAN SAID THE BILL WOULD UP-DATE THE MERCHANDISE MARKS ORDINANCE AND STRENGTHEN THE LAW WITH REGARD TO CONSUMER PROTECTION BY EXTENDING THE EXISTING LEGISLATION RELATING TO FALSE AND MISLEADING DESCRIPTION OF GOODS, AND BY INTRODUCING NEW PROVISIONS FOR THE MARKING OF GOODS.

HE SAID THE CONSUMER COUNCIL AND SEVERAL TRADE ASSOCIATIONS HAD BEEN CLOSELY INVOLVED IN ITS PREPARATION.

THE BILL RELATES TO TRADE DESCRIPTIONS, MARKING ORDERS, ADVERTISEMENTS, TRADE MARKS, AND THE PROHIBITION OF IMPORTS AND EXPORTS BEARING FALSE TRADE DESCRIPTIONS OR FORGED TRADE MARKS.

AT PRESENT UNDER THE MERCHANDISE MARKS ORDINANCE A +TRADE DESCRIPTION+ IS DEFINED AS ANY STATEMENT OR INDICATION - DIRECT OR INDIRECT - REFERRING TO THE PHYSICAL CHARACTERISTICS, COMPOSITION, QUALITY, FITNESS OF PURPOSE AS WELL AS THE PLACE AND MODE OF MANUFACTURE.

HOWEVER, THE SPOKESMAN SAID, UNDER THE PROPOSED BILL THE DEFINITION WOULD EXTEND TO ALL CHARACTERISTICS OF GOODS WHICH COULD BE FACTUALLY ASSESSED AND WHICH WERE LIKELY TO BE IMPORTANT TO THE BUYER.

+IN PARTICULAR, + HE SAID, THE NEW DEFINITION INCLUDES THE METHOD OF PROCESSING OR RECONDITIONING, TESTING AND ITS RESULTS AND OTHER HISTORY SUCH AS PREVIOUS OWNERSHIP OR USE, WHICH MAY BE OF INTEREST TO THE PURCHASER.+

THE BILL CONTINUES TO MAKE IT AN OFFENCE FOR ANYONE TO APPLY FALSE TRADE DESCRIPTIONS TO GOODS, OR TO SUPPLY GOODS TO WHICH FALSE TRADE DESCRIPTIONS HAVE BEEN APPLIED.

THE SPOKESMAN FURTHER EXPLAINED THAT AT PRESENT THERE WERE NO REQUIREMENTS FOR SUCH AS THE COMPOSITION, INGREDIENTS, NET WEIGHT AND MANUFACTURE DATE TO BE APPLIED TO GOODS.

THE BILL EMPOWERS THE GOVERNOR-IN-COUNCIL TO STIPULATE THAT GOODS ARE IN FUTURE SO MARKED, OR ACCOMPANIED BY THE RELEVANT INFORMATION.

+ IT IS ENVISAGED, SAID THE SPOKESMAN, THAT MARKING ORDERS WILL BE SOUGHT FOR GOODS IN RESPECT OF WHICH PURCHASERS CAN BE EASILY DECEIVED, FOR EXAMPLE CERTAIN FOODSTUFFS AND GOLD ARTICLES.+

/HE SAID