### Supply of Services (Implied Terms) Ordinance 《服務提供(隱含條款)條例》

1. Short title
This Ordinance may be cited as the Supply of Services (Implied Terms) Ordinance.

2. Interpretation
In this Ordinance—

business (業務) includes—
(a) a profession;
(b) the activities of a public body or public authority; and
(c) the activities of a board, commission, committee or other body appointed by the Chief Executive or Government. (Amended 65 of 2000 s. 3)

3. Contracts for the supply of services
(1) In this Ordinance a contract for the supply of a service (服務提供合約) means, subject to subsection (2), a contract under which a person (the supplier

4. Dealing as consumer

5. Implied term as to care and skill
In a contract for the supply of a service where the supplier is acting in the course of a business, there is an implied term that the supplier will carry out the service with reasonable care and skill.
[cf. 1982 c. 29 s. 13 U.K.]

6. Implied term as to time for performance
(1) Where, under a contract for the supply of a service by a supplier acting in the course of a business, the time for the service to be carried out is not fixed by the contract, is not left to be fixed in a manner agreed by the contract or is not determined by the course of dealing between the parties, there is an implied term that the supplier will carry out the service within a reasonable time.
(2) What is a reasonable time is a question of fact.
[cf. 1982 c. 29 s. 14 U.K.]

7. Implied term as to consideration
(1) Where, under a contract for the supply of a service, the consideration for the service is not determined by the contract, is not left to be determined in a manner agreed by the contract or is not determined by the course of dealing between the parties, there is an implied term that the party contracting with the supplier will pay a reasonable charge.
(2) What is a reasonable charge is a question of fact.
[cf. 1982 c. 29 s. 15 U.K.]

### Supply of Services (Implied Terms) Ordinance 《服務提供(隱含條款)條例》

8. Exclusion or restriction of implied terms
(1) As against a party to a contract for the supply of a service who deals as consumer, the other party cannot, by reference to any contract term, exclude or restrict any liability of his arising under the contract by virtue of this Ordinance.
(2) Except as provided in subsection (1), where a right, duty or liability would arise under a contract for the supply of a service by virtue of this Ordinance, it may (subject to subsection (3) and the Control of Exemption Clauses Ordinance (Cap. 71)) be negatived or varied by express agreement, or by the course of dealing between the parties, or by such usage as binds both parties to the contract.
(3) An express term does not negative a term implied by this Ordinance unless inconsistent with it.
[cf. 1982 c. 29 s. 16(1) & (2) U.K.]

9. Savings
(1) Nothing in this Ordinance prejudices—
(a) any rule of law which imposes on the supplier a duty stricter than that imposed by section 5 or 6; or
(b) subject to paragraph (a), any rule of law whereby any term not inconsistent with this Ordinance is to be implied in a contract for the supply of a service.
(2) This Ordinance has effect subject to any other enactment which defines or restricts the rights, duties or liabilities arising in connection with a service of any description.
[cf. 1982 c. 29 s. 16(3) & (4) U.K.]

### Consumer Goods Safety Ordinance 《消費品安全條例》

1. Short title
(Amended E.R. 4 of 2020)(1) This Ordinance may be cited as the Consumer Goods Safety Ordinance.
(2) (Omitted as spent—E.R. 4 of 2020)

### Consumer Goods Safety Ordinance 《消費品安全條例》

3. Exemption of certain goods
This Ordinance does not apply to goods in transit, consumer goods in the course of transhipment or consumer goods manufactured for export which may otherwise be consumer goods to which this Ordinance applies.

4. The general safety requirement
(1) The general safety requirement for consumer goods is that the consumer goods are reasonably safe having regard to all of the circumstances, including—
(a) the manner in which, and the purpose for which, the consumer goods are presented, promoted or marketed;
(b) the use of any mark in relation to the consumer goods and instructions or warnings given for the keeping, use or consumption of the consumer goods;
(c) reasonable safety standards published by a standards institute or similar body for consumer goods of the description which applies to the consumer goods or for matters relating to consumer goods of that description; and
(d) the existence of any reasonable means (taking into account the cost, likelihood and extent of any improvement) to make the consumer goods safer.
(2) Where an approved standard applies to consumer goods, the consumer goods shall be taken as complying with the general safety requirement if they comply with the approved standard.

5. Approved standards
The Secretary may by regulation approve a safety standard or safety specification applicable to consumer goods or a class of consumer goods.

6. Requirement to meet safety standards for consumer goods
A person shall not—
(a) supply;
(b) manufacture; or
(c) import into Hong Kong,
consumer goods unless the consumer goods comply with—
(i) the general safety requirement for consumer goods; or
(ii) where an approved standard applies to consumer goods, the approved standard for the particular consumer goods.

7. Notice to warn
Where the Commissioner reasonably believes that consumer goods are unsafe in certain circumstances, the Commissioner may serve on a person a notice requiring the person, at his own expense and by his own arrangement, to publish in the form and manner and on such occasions as may be specified in the notice, a warning that the consumer goods may be unsafe unless the steps specified in the notice are taken.

8. Prohibition notice
(1) Where the Commissioner reasonably believes that consumer goods—
(a) do not comply with an approved standard or a safety standard or safety specification established by regulation; or (Amended 15 of 1997 s. 2)
(b) for which a safety standard has not been approved, are, or may be, unsafe,
the Commissioner may serve on a person a prohibition notice, prohibiting the person from supplying those consumer goods for a specified period not exceeding 6 months.
(2) The Commissioner may extend the period of a prohibition notice if he has taken proceedings against the person on whom the notice was served—
(a) for the prosecution of an offence relating to the prohibition notice or the supply of the consumer goods; or
(b) for the destruction of seized or detained consumer goods.