### Trade Descriptions (Marking) (Gold and Gold Alloy) Order 《商品說明(標記)(黃金及黃金合金)令》

5. Articles of differing fineness
(1) Subject to subparagraph (3), where an article mentioned in paragraph 4 consists of different parts which are of different finenesses of gold or gold alloy, then either—
(a) each part shall be marked as if it were a separate article; or
(b) one mark shall be affixed which shall be that of the fineness of the article as a whole.
(2) Where an article mentioned in paragraph 4 consists of different parts one or more of which are of gold or gold alloy and another or other of which are of another metal, the part or parts which are of gold or gold alloy shall be marked under paragraph 4 and the other part or parts shall be described in the invoice or receipt supplied under paragraph 6.
(3) Where—
(a) in the case of an article the main body of which is of a standard of not lower than 999, the solder used is of a fineness of not less than 800; (L.N. 82 of 2008)
(b) in the case of an article the main body of which is of a 916.6 standard, the solder used is of a fineness of not less than 750;
(c) in the case of filigree work or a watch case, the main body of which is of a 750 standard, the solder used is of a fineness of not less than 740;
(d) in the case of a white gold article the main body of which is of a 750 or 585 standard, the solder used is of a fineness of not less than 500,
and if the solder constitutes not more than 5 per cent of the finished article, the finished article may be marked with the standard of fineness of the main body.

### Trade Descriptions (Marking) (Gold and Gold Alloy) Order 《商品說明(標記)(黃金及黃金合金)令》

7. Notice to be displayed
(1) No person shall supply or offer to supply any article made of gold or gold alloy in the course of trade or business at retail level unless a notice in the form specified in the Third Schedule is displayed prominently to all customers at the point of supply or offer.
(2) A notice displayed under subparagraph (1) shall not be less than 210 mm × 297 mm in size.
(3) The letters and characters appearing on a notice displayed under subparagraph (1) shall not be less than 5 mm in height.
(L.N. 82 of 2008)

8. Surface treated articles
(1) If an article with a surface treatment of gold is marked with words describing such treatment which include the word “gold”, the other words in the description— (L.N. 82 of 2008)
(a) shall be in English; and
(b) shall not be less prominent than the word “gold”. (L.N. 82 of 2008)
(2) If an article with a surface treatment of gold is marked with words describing such treatment which include the characters “黃金” or “金”, the other words in the description—
(a) shall be in Chinese; and
(b) shall not be less prominent than the characters “黃金” or “金”, as the case may be. (L.N. 82 of 2008)

9. Position of auctioneer
(1) For the purposes of this order, where an article to which this order applies is sold by auction—
(a) the auctioneer shall be regarded as the supplier of the article; and
(b) it shall, in the absence of evidence to the contrary, be presumed to be supplied in the course of trade or business at retail level.
(2) For the purposes of this order, where an article to which this order applies is offered for sale by auction, it shall—
(a) be regarded as being offered for supply by the auctioneer; and
(b) in the absence of evidence to the contrary, be presumed to be offered for supply in the course of trade or business at retail level.
(L.N. 82 of 2008) 

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

1. Short title
This Ordinance may be cited as the Trade Descriptions Ordinance.

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

2A. Special provisions for place of manufacture or production under certain trade agreements or arrangements
(1) In this section—
date of entry into force (生效日期), in relation to a trading partner place under a scheduled trade arrangement, means the date specified in column 4 of Schedule 1 corresponding to the place and the arrangement;
scheduled trade arrangement (表列貿易安排) means a regional or international trade agreement or arrangement specified in column 2 of Schedule 1;
specified goods (指明貨品), in relation to a trading partner place under a scheduled trade arrangement, means any goods that are—
(a) qualified for preferential tariff treatment, as between the place and Hong Kong, under the arrangement; and
(b) subject to rules, specified in the arrangement, for determining the place of manufacture or production of the goods;

trading partner place (貿易夥伴地), in relation to a scheduled trade arrangement, means a place to which the arrangement is applicable, other than Hong Kong, specified in column 3 of Schedule 1 corresponding to the arrangement.
(2) The rules referred to in paragraph (b) of the definition of specified goods

3. Special provisions applicable to goldware
(1) Notwithstanding the definition of false trade description

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

4. Marking and provision of information, etc. orders
(Amended 19 of 2008 s. 6)(1) The Chief Executive in Council may by order require that any goods specified in the order must be marked with or accompanied by any information, or that any services specified in the order must be accompanied by any information, (whether or not amounting to or including a trade description) or instruction relating to the goods or services and, subject to the provisions of this Ordinance, impose requirements for securing that the goods or services are so marked or accompanied, and regulate or prohibit the supply of goods or services with respect to which the requirements are not complied with; and the requirements may extend to the form and manner in which the information or instruction is to be given. (Amended 65 of 2000 s. 3)
(2) Where an order under this section is in force with respect to goods or services of any description, any person who, in the course of any trade or business, supplies or offers to supply goods of that description in contravention of the order, or any trader who supplies or offers to supply services of that description to a consumer in contravention of the order, commits an offence. (Amended L.N. 272 of 1990)
(3) An order under this section may make different provision for different circumstances and may, in the case of goods supplied in circumstances where the information or instruction required by the order would not be conveyed until after delivery, require the whole or part thereof to be also displayed near the goods. (Amended 25 of 2012 s. 33)
(4) Without prejudice to subsection (2), an order under this section may provide that a contravention of any provision of the order is an offence punishable with a fine at level 6 and a term of imprisonment for 3 months. (Added 19 of 2008 s. 6)
(5) For the avoidance of doubt, information required by 2 or more orders made under subsection (1) to be contained in an invoice or receipt may, where the information is provided in respect of the same item of goods or the same kind of service, be contained in one single invoice or receipt. (Added 19 of 2008 s. 6)
(Amended 25 of 2012 s. 4)[cf. 1968 c. 29 s. 8 U.K.]