### Trade Descriptions Ordinance 《商品說明條例》

5. Information to be given in advertisements
(1) The Chief Executive in Council may by order require that any description of advertisements of any goods or services specified in the order shall contain or refer to information (whether or not amounting to or including a trade description) relating to such goods or services and subject to the provisions of this Ordinance impose requirements as to the inclusion of that information or of an indication of the means by which it may be obtained. (Amended 65 of 2000 s. 3)
(2) An order under this section may specify the form and manner in which any such information or indication is to be included in advertisements of any description and may make different provision for different circumstances.
(3) Where an advertisement of any goods to be supplied in the course of any trade or business, or of any services to be supplied by a trader to a consumer, fails to comply with any requirement imposed under this section, any person who publishes the advertisement commits an offence.
(Amended 25 of 2012 s. 5)[cf. 1968 c. 29 s. 9 U.K.]

6. Applying a trade description, trade mark or mark to goods
(1) A person applies a trade description or trade mark or mark to goods if he—
(a) affixes or annexes it to or in any manner marks it on or incorporates it with—
(i) the goods themselves; or
(ii) anything in, on or with which the goods are supplied;
(b) places the goods in, on or with anything which the trade description or trade mark or mark has been affixed or annexed to, marked on or incorporated with, or places any such thing with the goods;
(c) uses the trade description or trade mark or mark in any manner likely to be taken as referring to the goods; or
(d) makes in any affidavit, declaration or writing any statement to the effect that a trade description or trade mark or mark is applicable to the goods.
(2) An oral statement may amount to the use of a trade description or trade mark or mark.
(3) Where goods are supplied in pursuance of a request in which a trade description or trade mark or mark is used and the circumstances are such as to make it reasonable to infer that the goods are supplied as goods corresponding to that trade description or trade mark or mark, the person supplying the goods shall be deemed to have applied that trade description or trade mark or mark to the goods.
[cf. 1968 c. 29 s. 4 U.K.]

### Trade Descriptions Ordinance 《商品說明條例》

6A. Applying a trade description to services
(1) A person is to be regarded as applying a trade description to a service if the person gives (by whatever means and whether direct or indirect) an indication of any kind with respect to the service or any part of the service including—
(a) where the indication is given in such a manner that it is likely to be taken as referring to the service; and
(b) where the person makes in any affidavit, declaration or writing a statement to the effect that the indication is applicable to the service.
(2) An oral statement may amount to the use of a trade description.
(3) If a service is supplied in response to a request in which a trade description is used and the circumstances are such as to make it reasonable to infer that the service is supplied as a service corresponding to that trade description, the person supplying the service is to be regarded as having applied that trade description to the service.
(Added 25 of 2012 s. 6)

7. Offences in respect of trade descriptions of goods
(Amended 25 of 2012 s. 7)(1) Subject to the provisions of this Ordinance, any person who—
(a) in the course of any trade or business—
(i) applies a false trade description to any goods; or
(ii) supplies or offers to supply any goods to which a false trade description is applied; or
(b) has in his possession for sale or for any purpose of trade or manufacture any goods to which a false trade description is applied,
commits an offence.
(2) A person exposing goods for supply or having goods in his possession for supply shall be deemed to offer to supply them.
(3) Subject to the provisions of this Ordinance any person who disposes of or has in his possession any die, block, machine, or other instrument for the purpose of making, or applying to goods a false trade description commits an offence unless he proves that he acted without intent to defraud. (Amended L.N. 272 of 1990)
[cf. 1968 c. 29 s. 1 U.K.]

7A. Offences in respect of trade description of services
(1) A trader who—
(a) applies a false trade description to a service supplied or offered to be supplied to a consumer; or
(b) supplies or offers to supply to a consumer a service to which a false trade description is applied,
commits an offence.
(2) In this section—
service (服務) does not include any service covered by Schedule 4.
(Added 25 of 2012 s. 8)

### Trade Descriptions Ordinance 《商品說明條例》

8. Trade descriptions used in advertisements
(1) The following provisions of this section shall have effect where in an advertisement a trade description is used in relation to any class of goods or services.
(2) The trade description is to be taken as referring to all goods or services of the class, whether or not in existence at the time the advertisement is published—
(a) for the purpose of determining whether an offence has been committed under section 7(1)(a)(i) or 7A(1)(a); and
(b) where goods or services of the class are supplied or offered to be supplied by a person publishing or displaying the advertisement, also for the purpose of determining whether an offence has been committed under section 7(1)(a)(ii) or 7A(1)(b). (Replaced 25 of 2012 s. 9)
(3) In determining for the purposes of this section whether any goods or services are of a class to which a trade description used in an advertisement relates, regard shall be had not only to the form and content of the advertisement but also to the time, place, manner and frequency of its publication and all other matters making it likely or unlikely that a person to whom the goods or services are supplied would think of the goods or services as belonging to the class in relation to which the trade description is used in the advertisement.
(Amended 25 of 2012 s. 9)[cf. 1968 c. 29 s. 5 U.K.]