ENG-2013 — Page 145

5

Commerce and Industry

Review of Legislation on Consumer Protection

The Trade Descriptions (Unfair Trade Practices) (Amendment) Ordinance 2012 came into operation in July 2013. It criminalises some common unfair trade practices deployed against consumers, including false trade descriptions, misleading omissions, aggressive commercial practices, bait advertising, 'bait-and-switch, and wrongly accepting payment. It introduces a civil mechanism to encourage compliance by traders and to stop identified non-compliant practices.

The Customs and Excise Department and the Communications Authority, as the enforcement agencies, have published enforcement guidelines to facilitate understanding of and compliance with the ordinance.

The Toys and Children's Products Safety (Amendment) Ordinance 2013, enacted in December, expands the definition of 'children's product' in the principal ordinance to cover certain children's products that contain plasticised materials and enables regulations to be made to control some types of phthalates.

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 2013, 26,935 licences and certificates were issued and 161 prosecutions were conducted.

Websites

Commerce and Economic Development Bureau: www.cedb.gov.hk (links to related departments and agencies) Consumer Council: www.consumer.org.hk Create Hong Kong: www.createhk.gov.hk Environment Bureau: www.enb.gov.hk Film Development Council: www.fdc.gov.hk Film Services Office: www.fso-createhk.gov.hk

Special Effects Licensing Unit: www.createhk-esela.gov.hk

109