XN000022-1986-11-19 — Page 11

WEDNESDAY, NOVEMBER 19, 1986

+THE EXTENSION OF SUCH POWERS TO THE TRADE DESCRIPTIONS ORDINANCE WILL BE A SIGNIFICANT IMPROVEMENT LEADING TO MORE EFFECTIVE AND COST EFFICIENT ENFORCEMENT OF THE ORDINANCE.+

AS TO THE DISCLOSURE OF INFORMATION PROVISION, MR HO SAID IT WAS INTENDED TO ALLOW THE COMMISSIONER OF CUSTOMS AND EXCISE TO CO-OPERATE MORE EFFECTIVELY WITH TRADE MARK OWNERS, WHO MIGHT REQUIRE THE INFORMATION TO TAKE CIVIL ACTION AGAINST INFRINGEMENTS THROUGH THE COURTS,

HE ADDED THAT THE PROVISION RELATING TO THE FORFEITURE AND DISPOSAL OF GOODS REPLACED PROCEDURES UNDER THE EXISTING ORDINANCE THAT HAD BEEN FOUND TO BE CUMBERSOME AND TIME CONSUMING FOR ALL CONCERNED.

ACTION TAKEN TO STOP INERTIA SELLING'

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THE PRACTICE KNOWN AS + INERTIA SELLING+ WOULD BE MADE ILLEGAL UNDER THE POST OFFICE (AMENDMENT) BILL 1986, THE SECRETARY FOR TRADE AND INDUSTRY, THE HON ERIC HO, TOLD THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).

MOVING THE SECOND READING OF THE BILL, HE SAID THE PROPOSED LEGISLATION WOULD ALSO GIVE THE POSTMASTER GENERAL DISCRETION IN RELATION TO THE METHOD OF PAYMENT OF POSTAL CHARGES, AND IT WOULD UPDATE THE PENALTIES FOR OFFENCES UNDER THE PRINCIPAL ORDINANCE.

IN ADDITION, THE BILL WOULD REMOVE THE PROHIBITION ON THE IMPORTING OF INTOXICATING LIQUOR BY POST.

MR HO DESCRIBED INERTIA SELLING AS A DECEPTIVE PRACTICE WHEREBY A PERSON, OFTEN A DIRECTORY PUBLISHING CONCERN, SENT A DOCUMENT THROUGH THE POST WHICH GAVE THE IMPRESSION THAT THE RECIPIENT COMPANY OWED MONEY FOR THE INSERTION OF ITS NAME IN A TRADE DIRECTORY.

WHEN STUDIED CAREFULLY, THE DOCUMENT NORMALLY CONTAINED SMALL PRINT TO THE EFFECT THAT IT WAS ONLY ON PAYMENT BEING MADE THAT THE ENTRY WOULD BE INCLUDED IN THE NEXT ISSUE OF THE DIRECTORY.

THE DECEPTION WORKED BECAUSE THE EMPLOYEES CONCERNED MIGHT ERRONEOUSLY BELIEVE THIS WAS A DEBT OWED BY THE IR COMPANY AND MAKE THE PAYMENT ACCORDINGLY.

MR HO