### Mock Auctions Ordinance 《假拍賣條例》

3. Offence to promote or conduct a mock auction
(1) Any person who promotes or conducts, or assists in the promotion or conduct of, a mock auction at which one or more lots are sold or offered for sale shall be guilty of an offence and shall be liable on conviction on indictment to a fine at level 4 and to imprisonment for 5 years. (Amended E.R. 5 of 2022)
(2) Subject to subsection (3), for the purposes of this Ordinance a sale of goods by way of competitive bidding shall be taken to be a mock auction if, during the course of the sale,—
(a) any lot is sold to a person bidding for it, and—
(i) the lot is sold to him at a price lower than the amount of his highest bid for it;
(ii) the whole or any part of the price at which the lot was sold is subsequently refunded or credited to him or his nominee; or
(iii) the money, or any part of the money, used to pay for the lot has been provided by the person promoting or conducting the sale or by any person assisting him;
(b) the right to bid for any lot is restricted, or is stated to be restricted, to persons who have bought or agreed to buy one or more articles;
(c) any articles are given away or are offered as gifts; or
(d) any lot placed or wrapped in an opaque container or wrapper is sold or offered for sale without the contents of the container or wrapper being disclosed.
(3) A sale of goods shall not be taken to be a mock auction by virtue of subsection (2)(a), if it is proved that the reduction in price, or the refund or the credit, as the case may be,—
(a) was on account of a defect discovered after the highest price in question had been made, being a defect of which the person conducting the sale was unaware when that bid was made; or
(b) was on account of damage sustained after the bid was made.
(4) A sale of goods shall not be taken to be a mock auction by virtue of subsection (2) if the sale is held by or for the purposes of any trust or organization which is a charity within the meaning of section 2 of the Registered Trustees Incorporation Ordinance (Cap. 306).
(5) In any proceedings for an offence of assisting in the promotion or conduct of a mock auction, the accused shall have a good defence if he satisfies the court that, although he did the act in question, he did not know, and had no reason to believe, that the sale of goods by way of competitive bidding to which the charge relates was a mock auction.
[cf. 1961 c. 47 s. 1 U.K.]

### Mock Auctions Ordinance 《假拍賣條例》

4. Liability to pay compensation
(1) A person who promotes or conducts a mock auction in contravention of section 3 shall, in addition to any liability he may incur under that section, be liable to pay compensation by way of damages to any person who has sustained pecuniary loss as a result of having purchased any prescribed article at the mock auction.
(2) An action may be brought under subsection (1) in respect of a contravention referred to in that subsection notwithstanding that no person has been charged or convicted under section 3 in respect of the contravention.
(3) Where a person is convicted of an offence under section 3, an order for the payment of compensation may be made under section 73 of the Criminal Procedure Ordinance (Cap. 221) or section 98 of the Magistrates Ordinance (Cap. 227), as the case may be, and those sections shall apply accordingly.
(4) If an action is brought under subsection (1) after an order has been made under section 73 of the Criminal Procedure Ordinance (Cap. 221) or section 98 of the Magistrates Ordinance (Cap. 227), the court shall, if it decides to award damages, take into consideration the amount of compensation awarded under the order.
(5) Nothing in this section limits or diminishes any liability which any person may incur under the common law.

5. Amendment of Schedule
The Chief Executive may, by order published in the Gazette, amend the Schedule.
(Amended 71 of 1999 s. 3)

### Auxiliary Forces Pay and Allowances Ordinance 《輔助隊薪酬及津貼條例》

1. Short title
This Ordinance may be cited as the Auxiliary Forces Pay and Allowances Ordinance.

### Auxiliary Forces Pay and Allowances Ordinance 《輔助隊薪酬及津貼條例》

3. Pay, etc. to be paid out of moneys provided by Legislative Council
(1) Except where the amount of any gratuity or pension is fixed by or under regulations made under section 16(1)(a) or (b), any pay, allowance, bounty, gratuity and pension payable under this Ordinance shall be of such amounts as may from time to time be fixed by the Finance Committee of the Legislative Council.
(2) The sums required to pay any allowance, bounty, gratuity or pension under this Ordinance shall be paid out of moneys provided by the Legislative Council for the purpose.
(3) Where a dependant pension is payable under this Ordinance in respect of any death which was caused in circumstances creating a legal liability in a person other than the Government, the Government may take proceedings against that person to recover an amount not exceeding the commuted lump sum, determined in accordance with section 6(10) of the Auxiliary Forces Pay and Allowances (Pensions) Regulation (Cap. 254 sub. leg. I). (Amended E.R. 1 of 2023)
(4) Where an injury pension is payable under this Ordinance in respect of any injury which was caused in circumstances creating a legal liability in a person other than the Government, the Government may take proceedings against that person to recover an amount not exceeding the amount of the injury pension multiplied by 14.
(Replaced 20 of 1997 s. 17)

4. Schedule
The Secretary for Security may from time to time by notice published in the Gazette amend the Schedule.
(Amended 23 of 1979 s. 4)

5. Classification of members and limitation of periods of training
(1) The Secretary for Security shall, by notice published in the Gazette, assign to each rank in the auxiliary forces one of the pay classifications specified in the Schedule.
(2) The Secretary for Security may specify the maximum aggregate period of training in any year or part of a year for which a member who falls within any pay classification specified in the Schedule shall be eligible for pay and allowances under this Ordinance.
(3) A member shall not be eligible for any pay or allowances under this Ordinance for undertaking training in excess of the maximum aggregate period of training specified by the Secretary for Security under subsection (2) in relation to the classification to which he belongs, unless the additional training—
(a) has been authorized by his commander; and
(b) does not exceed the additional period of training which his commander has been empowered by the Secretary for Security to authorize.
(Amended 23 of 1979 s. 5)