The Government proposed to amend the Trade Descriptions Ordinance to prohibit commonly seen unfair trade practices including false trade descriptions of services, misleading omissions, aggressive practices, bait-and-switch, and accepting payment without the intention or ability to supply. The Government also proposed establishing a civil compliance-based mechanism and introducing mandatory cooling- off arrangements for contracts involving goods or services with a duration of not less than six months.
Overall, the proposals received community support. The Government is working the drafting of legislative amendments. Towards the end of 2010, the Government conducted a public consultation on proposals aimed at eradicating pyramid schemes. The majority of respondents supported the legislative proposals, including proposals to tighten the definition of 'pyramid scheme' in the Pyramid Selling Prohibition Ordinance, extend the regulatory coverage of the ordinance and increase penalties. The Government is preparing legislative amendments.
Trade in Endangered Species
The Protection of Endangered Species of Animals and Plants Ordinance implements the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). It regulates the import, export, re-export, introduction from the sea or possession of endangered species. The commercial import, export and re-export of highly endangered species are prohibited, and international trade in less endangered species is subject to licensing requirements.
The ordinance is administered by the Agriculture, Fisheries and Conservation Department, and enforced by both the department and the Customs and Excise Department. It provides for penalties of a maximum fine of $5 million and imprisonment of up to two years. In 2010, a total of 20 097 licences and certificates were issued and 116 prosecutions were conducted.
Websites
Commerce and Economic Development Bureau: www.cedb.gov.hk (links to related departments and agencies)
Hong Kong Consumer Council: www.consumer.org.hk
Environment Bureau: www.enb.gov.hk
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