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

16E. Enforcement relating to telecommunications and broadcasting
(1) Subject to subsection (2), the Communications Authority may exercise any of the powers conferred on an authorized officer under this Ordinance (other than Part 3A).
(2) The Chief Executive in Council may, by notice published in the Gazette, specify powers covered by subsection (1) that are not exercisable by the Communications Authority.
(3) The Communications Authority, or any public officer authorized in writing in that behalf by that Authority, may exercise any of the powers that by virtue of this section are exercisable by that Authority but may only do so in relation to any commercial practices of licensees under the Telecommunications Ordinance (Cap. 106) or the Broadcasting Ordinance (Cap. 562) that are directly connected with the provision of a telecommunications service or broadcasting service under the relevant Ordinance.
(4) Nothing in this section enables the exercise of powers with respect to any conduct covered by section 9 or 12.
(5) The fact that a power is exercisable in relation to a commercial practice by the Communications Authority or any public officer authorized in writing by that Authority does not, subject to section 16F, prevent that power being exercised in relation to that practice by the Commissioner or an authorized officer.
(6) To avoid doubt, in exercising a power under this Ordinance the Communications Authority or any public officer authorized in writing by that Authority does not do so as an agent or delegate of the Commissioner.
(Added 25 of 2012 s. 27. Amended E.R. 2 of 2014)

16F. Transfer of matters between enforcement bodies
(1) If the Commissioner or the Communications Authority is performing a function under this Ordinance in relation to a matter over which the other has concurrent jurisdiction, the 2 bodies may agree that the matter be transferred to and be dealt with by one of them.
(2) Unless there is an agreement as mentioned in subsection (1), if the Commissioner or the Communications Authority is performing or has performed a function under this Ordinance in relation to a matter over which the other has concurrent jurisdiction, the other must not perform any function in relation to that matter.
(Added 25 of 2012 s. 27)

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

16G. Memorandum of understanding
(1) The Commissioner and the Communications Authority must prepare and sign a memorandum of understanding for the purpose of co-ordinating the performance of their functions under this Ordinance.
(2) Without limiting subsection (1), a memorandum of understanding may provide for any or all of the following—
(a) the manner in which the parties will perform the functions that they have jurisdiction to perform concurrently under this Ordinance;
(b) the manner in which the parties will resolve any dispute between themselves;
(c) the provision of assistance by one party to the other;
(d) the allocation between the parties of responsibility for particular matters or classes of matters;
(e) arrangements for the supply by one party to the other of information relating to a matter over which they have concurrent jurisdiction;
(f) arrangements for keeping the other party informed about progress when one party is performing functions that may be performed concurrently under this Ordinance;
(g) the joint authorship of educational material or guidelines on matters over which the parties have concurrent jurisdiction.
(3) The parties to a memorandum of understanding may amend or replace any memorandum of understanding prepared and signed under this section.
(4) The parties to a memorandum of understanding must, within 6 weeks after the memorandum or any amendment of the memorandum is signed by both parties, publish it in any manner the parties consider appropriate.
(5) The Commissioner and the Communications Authority must prepare and sign their first memorandum of understanding under this section as soon as is reasonably practicable after the coming into operation of section 27 of the Trade Descriptions (Unfair Trade Practices) (Amendment) Ordinance 2012 (25 of 2012).
(Added 25 of 2012 s. 27)

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

16H. Guidelines—telecommunications/broadcasting sector
(1) The Communications Authority, or the Communications Authority jointly with the Commissioner, may issue guidelines on matters in relation to which the Communications Authority or any public officer authorized in writing by that Authority may exercise powers under section 16E(3).
(2) Subsections (2) to (6) and (8) of section 16BA apply to guidelines issued under this section in the same way as they apply to guidelines issued under that section. For this purpose—
(a) the reference in subsection (2)(a) of that section to authorized officers is to be taken to be a reference to the Communications Authority or any public officer authorized in writing by that Authority to exercise any of the powers that by virtue of section 16E are exercisable by that Authority; and
(b) any reference in subsection (3), (5) or (6) of that section to the Commissioner is to be taken to be a reference to the Communications Authority, or the Communications Authority jointly with the Commissioner, as the case requires.
(3) The Communications Authority or, in the case of jointly issued guidelines, both the Communications Authority and the Commissioner must make copies of all guidelines and amendments of guidelines available to the public for inspection at their office during ordinary business hours.
(Added 25 of 2012 s. 27)

16I. Transitional provision
Subject to section 43 of the Telecommunications Ordinance (Cap. 106), anything that was done under that Ordinance as in force immediately before the commencement date* as defined by subsection (1) of that section and that was in effect immediately before that date continues, in so far as it may be done under this Ordinance, to have effect as if it had been done under this Ordinance.
(Added 25 of 2012 s. 27)Editorial Note:
* Commencement date: 19 July 2013.

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

18. Penalties
(1) Any person who commits an offence under section 4, 5, 7, 7A, 9, 12, 13E, 13F, 13G, 13H or 13I shall be liable— (Amended 65 of 2000 s. 3; 19 of 2008 s. 8; 25 of 2012 s. 14)
(a) on conviction on indictment, to a fine of $500,000 and to imprisonment for 5 years; and
(b) on summary conviction, to a fine at level 6 and to imprisonment for 2 years.
(1A) Any person who commits an offence under section 16A(3) shall be liable to a fine at level 2 and to imprisonment for 3 months. (Added 2 of 1987 s. 4)
(2) Any person who commits an offence under section 17 shall be liable to a fine at level 3 and to imprisonment for 1 year.
(Amended 19 of 2008 s. 8)

18A. Power to award compensation
(1) If a person is convicted of an offence under section 4, 5, 7, 7A, 13E, 13F, 13G, 13H or 13I, the court may, in addition to passing any sentence that may otherwise be passed by law, order the person to pay an amount of compensation that it thinks reasonable to any person who has suffered financial loss resulting from that offence.
(2) An amount of compensation ordered to be paid to a person under subsection (1) is recoverable as a civil debt.
(Added 25 of 2012 s. 30)

19. Time limit for prosecutions
No prosecution for an offence under this Ordinance shall be brought after—
(a) the expiration of 3 years from the date of commission of the offence; or
(b) the expiration of 1 year from the date of discovery of the offence by the prosecutor,
whichever is the earlier.
Note—See section 30O. (Added 25 of 2012 s. 28)