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Commerce and Industry

accepting payment. It introduces a civil mechanism to encourage compliance by traders and to stop identified non-compliant practices. The ordinance also codifies the private right of action.

The Customs and Excise Department is the principal agency to enforce the ordinance, while the Communications Authority has concurrent jurisdiction to enforce the ordinance in relation to commercial practices of licensees under the Broadcasting Ordinance and the Telecommunications Ordinance that are directly connected with the provision of a broadcasting or telecommunications service. Draft enforcement guidelines for the ordinance were published for public consultation in December 2012, to enable the commencement of the ordinance in 2013.

The Pyramid Schemes Prohibition Ordinance was enacted by the Legislative Council in December 2011 and came into operation on 1 January 2012.

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 that department and the Customs and Excise Department. It provides for a maximum fine of $5 million and imprisonment for up to two years. In 2012, 25,909 licences and certificates were issued and 135 prosecutions were conducted.

Trade in Genetically Modified Organisms

The Genetically Modified Organisms (Control of Release) Ordinance implements the Cartagena Protocol on Biosafety to the Convention on Biological Diversity. The ordinance controls the release into the environment and the trans-boundary movement of genetically modified organisms (GMOs). Under the ordinance, the release and import intended for release into the environment of GMOs require prior approval from the Director of Agriculture, Fisheries and Conservation. Prescribed documents must accompany imports or exports of shipments containing GMOs.

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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