XN000022-1994-10-20 — Page 5

THURSDAY, OCTOBER 20, 1994

A DEDICATED TEAM OF 52 OFFICERS WILL BE ESTABLISHED IN THE CUSTOMS AND EXCISE DEPARTMENT TO ENFORCE THE LEGISLATION.

PREPARATORY WORK HAS NOW BEGUN. THIS INCLUDES SENDING A SENIOR OFFICER TO OVERSEAS AUTHORITIES FOR TRAINING ON CONSUMER GOODS SAFETY ENFORCEMENT, RECRUITMENT OF ADDITIONAL OFFICERS AND FORMULATION OF OPERATIONAL PROCEDURES.

"TO FACILITATE COMPLIANCE WITH THE GENERAL SAFETY REQUIREMENT STIPULATED IN THE ORDINANCE, MANUFACTURERS, IMPORTERS AND SUPPLIERS OF CONSUMER GOODS MAY APPROACH THE PRODUCT STANDARDS INFORMATION BUREAU OF THE INDUSTRY DEPARTMENT FOR INFORMATION ON INTERNATIONAL AND OVERSEAS SAFETY STANDARDS ON CONSUMER GOODS.

"THE BUREAU PLANS TO PROCURE MORE STANDARDS ON CONSUMER GOODS SAFETY AND TO INFORM HONG KONG'S INDUSTRIAL AND TRADE ORGANISATIONS AND MANUFACTURERS THROUGH THE ESTABLISHED CHANNELS, THE SPOKESMAN SAID.

"SUPPLIERS MAY ALSO HAVE THEIR CONSUMER GOODS TESTED BY LABORATORIES ACCREDITED UNDER THE HONG KONG LABORATORY ACCREDITATION SCHEME AND OVERSEAS LABORATORIES WITH EQUAL STANDING," HE ADDED.

"IN LEGAL PROCEEDINGS UNDER THE LEGISLATION, THE COURT MAY TAKE INTO ACCOUNT THE EXISTENCE OF A TESTING CERTIFICATE IN DECIDING WHETHER THERE IS A DEFENCE OF DUE DILIGENCE."

HE

A PERSON WHO SUPPLIES UNSAFE CONSUMER GOODS COMMITS AN OFFENCE. SHALL BE LIABLE ON FIRST CONVICTION TO A FINE OF $100,000 AND IMPRISONMENT FOR ONE YEAR, AND ON SUBSEQUENT CONVICTION TO A FINE OF $500,000 AND IMPRISONMENT FOR TWO YEARS.

THE UNCONSCIONABLE CONTRACTS ORDINANCE EMPOWERS THE COURT ΤΟ STRIKE DOWN OR REWRITE UNCONSCIONABLE TERMS IN CONSUMER CONTRACTS. THE ORDINANCE PROVIDES GUIDELINES TO THE COURT IN DETERMINING UNCONSCIONABILITY.

THE SPOKESMAN SAID: "IN PREPARING THESE FOUR PIECES OF LEGISLATION, WE FULLY RECOGNISE THE NEED FOR STRIKING A BALANCE BETWEEN ENHANCING CONSUMER PROTECTION AND NOT INTERFERING UNNECESSARILY WITH THE WAY IN WHICH BUSINESS IS CONDUCTED.

"WE BELIEVE THESE ORDINANCES WILL PROVIDE OUR CONSUMERS WITH APPROPRIATE LEGAL REMEDIES AGAINST UNFAIR TRADE PRACTICES."

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