XN000022-1986-11-19 — Page 10

WEDNESDAY, NOVEMBER 19, 1986

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TIGHTER TRADE DESCRIPTIONS LEGISLATION PROPOSED

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THE TRADE DESCRIPTIONS (AMENDMENT) BILL 1986 RESULTS FROM

A REVIEW BY THE COMMISSIONER OF CUSTOMS AND EXCISE OF THE ADMINISTRATIVE AND ENFORCEMENT PROCEDURES INVOLVED IN IMPLEMENTING THE TRADE DESCRIPTIONS ORDINANCE, THE SECRETARY FOR TRADE AND INDUSTRY, THE HON ERIC HO, TOLD THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).

MOVING THE SECOND READING OF THE BILL, MR HO EXPLAINED THAT THE ORDINANCE, WHICH REPLACED THE MERCHANDISE MARKS ORDINANCE, WAS ENACTED IN 1980 TO UPDATE AND STRENGTHEN THE LAW RELATING TO FALSE AND MISLEADING DESCRIPTIONS OF GOODS.

HE SAID THE PRINCIPAL OBJECTS OF THE BILL WERE TO STREAMLINE PROCEDURES FOR DETENTION AND FORFEITURE OF GOODS, TO GIVE AUTHORISED OFFICERS POWERS OF ARREST AND TO PERMIT THE COMMISSIONER OF CUSTOMS AND EXCISE TO DISCLOSE INFORMATION ON SEIZED GOODS TO TRADE MARK OWNERS,

THE BILL WOULD ALSO FACILITATE THE ACCEPTANCE IN COURT OF EVIDENCE RELATING TO THE COUNTRY OF ORIGIN FOR IMPORTED GOODS DEARING FALSE TRADE DESCRIPTIONS.

MR HO SAID THE POWER TO DETAIN SEIZED GOODS BY LOCKING OR SEALING PREMISES WAS PROPOSED AS A REMEDY FOR THOSE INFREQUENT OCCASIONS WHEN IT WAS NOT PRACTICABLE TO MOVE THE GOODS TO GOVERNMENT STORAGE.

+PERISHABLE GOODS UNDER REFRIGERATION, FOR EXAMPLE, WOULD RISK DETERIORATION, WHILST HEAVY OR BULKY GOODS WOULD REQUIRE SPECIAL EQUIPMENT OR TRANSPORT TO REMOVE THEM, HE SAID.

ON THE PROPOSAL TO GIVE POWERS OF ARREST TO AUTHORISED OFFICERS, MR HO SAID OPERATIONAL EXPERIENCE SUGGESTED THAT SUCH POWERS WERE ESSENTIAL FOR EFFECTIVE ENFORCEMENT.

+ALTHOUGH THE INDUSTRY OFFICERS WHO ARE RESPONSIBLE FOR ENFORCING THE ORDINANCE DO NOT HAVE A GENERAL POWER OF ARREST IN PRACTICE, WHEN THERE IS AN EXPECTATION THAT AN ARREST IS LIKELY, ARRANGEMENTS ARE MADE FOR THEM TO OPERATE WITH THE ASSISTANCE OF THEIR CUSTOMS AND EXCISE SERVICE COLLEAGUES WHO DO HAVE A GENERAL POWER OF ARREST, HE SAID.

+ALTHOUGH WORKABLE, THIS ARRANGEMENT IS WASTEFUL OF MANPOWER AND INHIBITS EFFICIENCY. THE INDUSTRY OFFICER GRADE HAS FOR MANY YEARS EXERCISED POWERS OF ARREST UNDER THE IMPORT AND EXPORT ORDINANCE.

/+THE EXTENSION

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