XN000022-1994-10-20 — Page 4

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THURSDAY, OCTOBER 20, 1994

GAZETTAL OF FOUR CONSUMER PROTECTION ORDINANCES

FOUR ORDINANCES, WHICH SEEK TO PROVIDE CONSUMERS BETTER PROTECTION AGAINST UNFAIR TRADE PRACTICES AND UNSAFE CONSUMER GOODS, WILL BE GAZETTED TOMORROW (FRIDAY).

THE SALE OF GOODS (AMENDMENT) ORDINANCE 1994 AND SUPPLY OF SERVICES (IMPLIED TERMS) ORDINANCE WILL BECOME EFFECTIVE TOMORROW WHILE THE CONSUMER GOODS SAFETY ORDINANCE AND THE UNCONSCIONABLE CONTRACTS ORDINANCE WILL TAKE EFFECT IN OCTOBER 1995 TO ALLOW A ONE- YEAR GRACE PERIOD FOR THE TRADE AND INDUSTRY TO ADJUST.

A GOVERNMENT SPOKESMAN SAID THE SALE OF GOODS (AMENDMENT} ORDINANCE 1994 MODIFIED THE EXISTING LAW GOVERNING CONTRACTS FOR THE SALE OF GOODS BY IMPROVING THE DEFINITION OF MERCHANTABLE QUALITY REQUIRED OF GOODS.

IT ALSO PROVIDES THAT A CONSUMER SHALL NOT BE DEEMED ΤΟ HAVE ACCEPTED THE GOODS UNLESS HE HAS HAD A REASONABLE OPPORTUNITY TO EXAMINE THEM, NOTWITHSTANDING HIS SIGNING OF AN ACCEPTANCE NOTE.

THE SUPPLY OF SERVICES (IMPLIED TERMS) ORDINANCE SEEKS то CODIFY SOME COMMON LAW PRINCIPLES GOVERNING CONTRACTS FOR THE SUPPLY OF SERVICES.

THE TIME.

IT STIPULATES THAT A SUPPLIER OF SERVICE IS OBLIGED TO PERFORM SERVICE WITH REASONABLE CARE AND SKILL, AND WITHIN REASONABLE

THE BUYER ON THE OTHER HAND SHOULD PAY A REASONABLE CHARGE FOR THE SERVICE IF THIS IS NOT DETERMINED BY THE CONTRACT. THE ORDINANCE DOES NOT AFFECT ANY DUTIES ARISING FROM EXISTING LAWS IF THEY ARE STRICTER THAN THOSE IMPOSED BY THE ORDINANCE ITSELF.

THE SPOKESMAN SAID THE CONSUMER GOODS SAFETY ORDINANCE WOULD IMPOSE A STATUTORY DUTY ON MANUFACTURERS, IMPORTERS AND SUPPLIERS OF CONSUMER GOODS TO ENSURE THAT THE GOODS THEY SUPPLY FOR LOCAL CONSUMPTION WERE SAFE.

THE ORDINANCE CREATES A GENERAL SAFETY REQUIREMENT AND PROVIDES FOR JUDICIAL GUIDELINES IN DETERMINING THE REASONABLE LEVEL OF SAFETY REQUIRED OF DIFFERENT CONSUMER GOODS.

THESE GUIDELINES INCLUDE THE MANNER IN WHICH THE CONSUMER GOODS ARE PRESENTED; THE USE OF ANY MARKS, INSTRUCTIONS OR WARNINGS FOR THEIR CONSUMPTION; THEIR COMPLIANCE WITH ANY RELEVANT ESTABLISHED OVERSEAS SAFETY STANDARDS; AND THE EXISTENCE OF ANY MEANS TO MAKE THEM SAFER.

THE COMMISSIONER OF CUSTOMS AND EXCISE WILL BE RESPONSIBLE ENFORCING THE LEGISLATION. HE WILL BE EMPOWERED TO ISSUE NOTICES SUPPLIERS REQUIRING THEM TO WARN CONSUMERS OF POTENTIAL HAZARDS, TO RECALL OR PROHIBIT THE SUPPLY OF UNSAFE CONSUMER GOODS.

FOR

TO

AND

/A DEDICATED