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

20. Liability of directors, partners, etc.
(1) If an offence under this Ordinance is committed by a body corporate or by a person as a member of an unincorporated body, and it is proved that the offence has been committed with the consent or connivance or is attributable to the neglect of a person specified in subsection (2), that person also commits the offence and is liable to be proceeded against and punished accordingly.
(2) The person referred to in subsection (1) is a person who, at the time of the offence, was—
(a) (in the case of a body corporate) a director, shadow director, company secretary, principal officer or manager of the body corporate;
(b) (in the case of a member of an unincorporated body) a partner or office holder in or a member or manager of the unincorporated body; or
(c) (in either case mentioned in paragraph (a) or (b)) purporting to act in the capacity of a person referred to in that paragraph.
(3) In this section—
company secretary (公司秘書) includes any person occupying the position of company secretary, by whatever name called;
principal officer (主要人員), in relation to a body corporate, means—
(a) a person employed or engaged by the body corporate who, either alone or jointly with one or more other persons, is responsible under the immediate authority of the directors of the body corporate for the conduct of the business of the body corporate; or
(b) a person employed or engaged by the body corporate who, under the immediate authority of a director of the body corporate or a person to whom paragraph (a) applies, exercises managerial functions in respect of the body corporate;

shadow director (幕後董事), in relation to a body corporate, means a person in accordance with whose directions or instructions (excluding advice given in a professional capacity) the directors, or a majority of the directors, of the body corporate are accustomed to act.
(Replaced 25 of 2012 s. 15)

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

21. Offences due to fault of other person
(1) Where the commission by any person of an offence under this Ordinance is due to the act or default of some other person, that other person shall be guilty of the offence, and a person may be charged with and convicted of the offence by virtue of this section whether or not proceedings are taken against the first-mentioned person. (Amended 25 of 2012 s. 16)
(2) In subsection (1) the reference to some other person does not include an exempt person in the case of an offence under section 7A, 13E, 13F, 13G, 13H or 13I. (Added 25 of 2012 s. 16)
[cf. 1968 c. 29 s. 23 U.K.]

21A. Extra-territoriality
A trader may commit an offence under this Ordinance with respect to a commercial practice even if the practice is directed to consumers who are outside Hong Kong if, at the time of engaging in the practice, the trader is in Hong Kong or Hong Kong is the trader’s usual place of business.
(Added 25 of 2012 s. 17)

22. Accessory to offences committed outside Hong Kong
Subject to the provisions of this Ordinance, any person who, in Hong Kong, procures, counsels, aids, abets or is accessory to the commission outside Hong Kong of an act which, if committed in Hong Kong, would be an offence under this Ordinance, commits that offence as a principal and shall be liable to be prosecuted in Hong Kong as if the offence had been committed within Hong Kong.

23. Samples
(1) Where any act or omission constitutes both an offence under this Ordinance and an offence under the Public Health and Municipal Services Ordinance (Cap. 132), evidence on behalf of the prosecution concerning any sample procured for analysis shall be admissible in proceedings in respect of the offence under this Ordinance if, but only if, the provisions of section 63 of the Public Health and Municipal Services Ordinance (Cap. 132) have been complied with. (Amended 10 of 1986 s. 32)
(2) The Chief Executive in Council may by regulations provide that in any proceedings for an offence under this Ordinance in relation to such goods as may be specified in the regulations (other than proceedings for an offence referred to in subsection (1)) evidence on behalf of the prosecution concerning any sample procured for analysis shall not be admissible unless the sample has been dealt with in such manner as may be specified in the regulations. (Amended 65 of 2000 s. 3)

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

24. Evidence by certificate
(1) The Chief Executive in Council may by regulations provide that certificates issued by such persons as may be specified by the regulations in relation to such matters as may be so specified shall, subject to this section, be received in evidence of those matters in any proceedings under this Ordinance. (Amended 65 of 2000 s. 3)
(2) Such a certificate shall not be received in evidence—
(a) unless the party against whom it is to be given in evidence has been served with a copy thereof not less than 7 days before the hearing; or
(b) if that party has, not less than 3 days before the hearing served on the other party a notice requiring the attendance of the person issuing the certificate.
(3) For the purposes of this section any document purporting to be such a certificate as is referred to in this section shall be deemed to be such a certificate unless the contrary is shown.
[cf. 1968 c. 29 s. 31 U.K.]

24A. Rule of evidence regarding imported goods
(1) In any prosecution for an offence under this Ordinance in respect of the import of goods to which a false trade description of the place of manufacture, production, processing or reconditioning is applied, evidence that the goods were imported from a place shall be prima facie evidence that the goods were manufactured, produced, processed or reconditioned, as the case may be, in such place. (Amended 9 of 2005 s. 3)
(2) Notwithstanding subsection (1), in any prosecution for an offence referred to in that subsection, a trade description which indicates that the goods were manufactured, produced, processed or reconditioned in a place shall not be regarded as false only because of the evidence that the goods were imported from another place, if—
(a) that other place is located within the first-mentioned place; or
(b) the first-mentioned place is located within that other place. (Added 9 of 2005 s. 3)
(Added 2 of 1987 s. 5)

25. Description of trade mark in pleading
In any information, indictment, pleading, proceeding or document in which any trade mark or forged trade mark is intended to be mentioned, it shall be sufficient, without further description and without any copy or facsimile, to state that trade mark or forged trade mark to be a trade mark or forged trade mark.