XN000022-1993-11-25 — Page 2

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THURSDAY, NOVEMBER 25, 1993

NEW LAW TO ENSURE CONSUMER GOODS ARE SAFE

THE

GOVERNMENT PROPOSES TO IMPOSE A STATUTORY DUTY ON SUPPLIERS, MANUFACTURERS AND IMPORTERS OF CONSUMER GOODS TO ENSURE THAT THE GOODS THEY SUPPLY FOR SALE IN HONG KONG ARE SAFE.

THE PROPOSALS ARE SET OUT IN THE CONSUMER GOODS SAFETY BILL WHICH WILL BE INTRODUCED TO THE LEGISLATIVE COUNCIL ON DECEMBER 8 THIS YEAR.

"THE BILL INTRODUCES A GENERAL SAFETY REQUIREMENT FOR ALL CONSUMER GOODS, BASED ON THAT IN THE UNITED KINGDOM CONSUMER PROTECTION ACT 1987," A GOVERNMENT SPOKESMAN SAID.

**IT PROVIDES GUIDELINES TO THE SUPPLIERS OF CONSUMER GOODS ON COMPLIANCE WITH THE GENERAL SAFETY REQUIREMENT.'

H

UNDER THE BILL, THE COURT MAY TAKE INTO ACCOUNT THE FOLLOWING FACTORS IN CONSIDERING WHETHER A SUPPLIER OF CONSUMER GOODS HAS COMPLIED WITH THE GENERAL SAFETY REQUIREMENT:

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THE MANNER IN WHICH, AND THE PURPOSE FOR WHICH, THE CONSUMER GOODS ARE PRESENTED, PROMOTED OR MARKETED;

THE USE OF ANY MARK IN RELATION TO THE CONSUMER GOODS AND INSTRUCTIONS OR WARNINGS GIVEN FOR THE KEEPING, USE OR CONSUMPTION OF THE CONSUMER GOODS;

* COMPLIANCE WITH REASONABLE SAFETY STANDARDS PUBLISHED BY A STANDARDS INSTITUTE APPLYING TO A PARTICULAR CLASS OF CONSUMER GOODS; AND

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THE EXISTENCE OF ANY REASONABLE MEANS TO MAKE THE CONSUMER GOODS SAFER.

"THE COMMISSIONER OF CUSTOMS AND EXCISE WILL BE THE AUTHORITY ENFORCE THE BILL BY ACTING ON COMPLAINTS AND CONDUCTING SPOT CHECKS, HE SAID.

TO

A DEDICATED ENFORCEMENT TEAM OP 27 OFFICERS WILL BE ESTABLISHED. TOTAL ANNUAL RECURRENT FINANCIAL IMPLICATIONS WOULD AMOUNT TO ABOUT $10 MILLION.

THE PROPOSED MODE OF ENFORCEMENT IS MODELLED CLOSELY ON THE TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE.

THE BILL ESTABLISHES A SAFETY CONTROL NOTICE SYSTEM UNDER WHICH THE COMMISSIONER MAY ISSUE DIFFERENT NOTICE TO SUPPLIERS OF CONSUMER GOODS TO REMEDY ABUSES RESULTED FROM UNSAFE CONSUMER GOODS. THESE NOTICES INCLUDE:

NOTICE TO WARN WHICH REQUIRES THE SUPPLIER TO PUBLISH A WARNING THAT SPECIFIED CONSUMER GOODS MAY BE UNSAFE UNLESS CERTAIN STEPS ARE TAKEN;

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