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

12. Prohibited import and export of certain goods
(1) A person must not import or export any goods to which a false trade description or forged trade mark is applied. (Amended 35 of 2000 s. 98; 25 of 2012 s. 10)
(2) Any person who imports or exports any goods contrary to subsection (1) commits an offence. (Amended 18 of 2014 s. 52)
(2A) Without limiting section 26, in any proceedings for an offence under this section, the person charged is entitled to be acquitted—
(a) if—
(i) sufficient evidence is adduced to raise an issue that the person charged—
(A) did not know;
(B) had no reason to suspect; and
(C) could not with reasonable diligence have ascertained,
that the goods are goods to which a false trade description or forged trade mark is applied; and
(ii) the contrary is not proved by the prosecution beyond reasonable doubt; or
(b) if the person charged proves that the goods are not intended for trade or business. (Added 18 of 2014 s. 52)
(3) This section shall not apply to any goods in transit.

13D. Average consumer
(1) In determining the effect on the average consumer of a commercial practice that reaches or is directed to a consumer or consumers, account must be taken of the material characteristics of such an average consumer including that the consumer is reasonably well informed, reasonably observant and circumspect.
(2) In determining the effect on the average consumer of a commercial practice in the circumstances specified in subsection (3), a reference to the average consumer is a reference to the average member of the particular group of consumers.
(3) For the purpose of subsection (2) the circumstances are—
(a) where the commercial practice is directed to a particular group of consumers; or
(b) where—
(i) a clearly identifiable group of consumers is particularly vulnerable to the commercial practice or the underlying product because of mental or physical infirmity, age or credulity in a way which the trader could reasonably be expected to foresee; and
(ii) the practice is likely to cause the average member of that group only to make a transactional decision that the member would not have made otherwise.
(4) Subsection (3)(b) does not prejudice the common and legitimate advertising practice of making exaggerated statements which are not meant to be taken literally.

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

13F. Aggressive commercial practices
(1) A trader who engages in relation to a consumer in a commercial practice that is aggressive commits an offence.
(2) A commercial practice is aggressive if, in its factual context, taking account of all of its features and circumstances—
(a) it significantly impairs or is likely significantly to impair the average consumer’s freedom of choice or conduct in relation to the product concerned through the use of harassment, coercion or undue influence; and
(b) it therefore causes or is likely to cause the consumer to make a transactional decision that the consumer would not have made otherwise.
(3) In determining whether a commercial practice uses harassment, coercion or undue influence, account must be taken of—
(a) its timing, location, nature or persistence;
(b) the use of threatening or abusive language or behaviour;
(c) the exploitation by the trader of any specific misfortune or circumstance, of which the trader is aware and which is of such gravity as to impair the consumer’s judgement, to influence the consumer’s decision with regard to the product;
(d) any onerous or disproportionate non-contractual barrier imposed by the trader where a consumer wishes to exercise rights under the contract, including rights to terminate the contract or to switch to another product or another trader; and
(e) any threat to take any action which cannot legally be taken.
(4) In this section—
coercion (威迫) includes the use of physical force;
undue influence (不當影響) means exploiting a position of power in relation to the consumer so as to apply pressure, even without using or threatening to use physical force, in a way which significantly impairs the consumer’s ability to make an informed decision.

13G. Bait advertising
(1) A trader who engages in relation to a consumer in a commercial practice that constitutes bait advertising commits an offence.
(2) Subject to subsection (3), advertising by a trader of products for supply at a specified price is bait advertising if there are no reasonable grounds for believing that the trader will be able to offer for supply those products at that price, or the trader fails to offer those products for supply at that price, for a period that is, and in quantities that are, reasonable, having regard to—
(a) the nature of the market in which the trader carries on business; and
(b) the nature of the advertisement.
(3) Advertising by a trader of products for supply at a specified price is not bait advertising if—
(a) the advertisement states clearly the period for which, or the quantities in which, the products are offered for supply at that price; and
(b) the trader offers those products for supply at that price for that period or in those quantities.

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

13H. Bait and switch
(1) A trader who engages in relation to a consumer in a commercial practice that constitutes a bait and switch commits an offence.
(2) The making by a trader of an invitation to purchase a product at a specified price is a bait and switch if, having made the invitation, the trader then, with the intention of promoting a different product—
(a) refuses to show or demonstrate the product to consumers;
(b) refuses to take orders for the product or deliver it within a reasonable time; or
(c) shows or demonstrates a defective sample of the product.

13I. Wrongly accepting payment
(1) A trader who engages in relation to a consumer in a commercial practice that constitutes wrongly accepting payment for a product commits an offence.
(2) A trader wrongly accepts payment for a product if the trader accepts payment or other consideration for the product and at the time of that acceptance—
(a) the trader intends not to supply the product;
(b) the trader intends to supply a product that is materially different from the product in respect of which the payment or other consideration is accepted; or
(c) there are no reasonable grounds for believing that the trader will be able to supply the product—
(i) within the period specified by the trader at or before the time at which the payment or other consideration is accepted; or
(ii) if no period is specified at or before that time, within a reasonable period.

14. Appointment of authorized officers
(1) The Commissioner may appoint any public officer to be an authorized officer for the purposes of this Ordinance.
(2) The Commissioner may exercise any of the powers conferred on an authorized officer under this Ordinance.
(Amended L.N. 294 of 1982)