#147204 v13
1st draft of amended version : 19.5.2008
2nd draft of amended version : 19.5.2008
3rd draft of amended version : 22.5.2008
CB(1)1636/07-08(02)
TRADE DESCRIPTIONS (PROVISION OF INFORMATION
ON REGULATED ELECTRONIC PRODUCTS) ORDER
(Made by the Chief Executive in Council under
section 4 of the Trade Descriptions
Ordinance (Cap. 362))
1.
Commencement
This Order shall come into operation on a day to be appointed
by the Secretary for Commerce and Economic Development by notice
published in the Gazette.
2.
Interpretation
(1)
In this Order, unless the context otherwise requires -
“digital audio player” (數碼音響播放器) –
(a)
means any portable device the principal function of
which is playing to play digital audio files in one
or more audio encoding formats from any storage
medium;
(b)
includes products the product commonly known as MP3
player; and
(c)
does not include portable optical disc player;
“digital camcorder” (數碼攝錄機) means any portable device the
principal function of which is making to make a recording in
digital format on any medium from which a moving image may by
any means be reproduced;
“digital camera” (數碼相機) means any portable device the principal
function of which is recording to record and storing store an
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image in digital format on any medium from which a still
image may by any means be reproduced;
“mobile phone” (手提電話) means any portable device the principal
function of which is for mobile communication through a
cellular radio network with –
(a)
standard voice function of a telephone; and
(b)
interconnection to the public switched telephone
network (PSTN);
“portable multimedia player” (便式多媒體播放器) –
(a)
means any portable device the principal function of
which is playing to play digital multimedia files
in one or more media recording formats from any
storage medium;
(b)
includes products the product commonly known as MP4
player; and
(c)
does not include portable optical disc player;
“regulated electronic product” (受規管電子產品) means –
(2)
(a)
digital audio player;
(b)
digital camcorder;
(c)
digital camera;
(d)
mobile phone; or
(e)
portable multimedia player.
In determining the principal function of a product for
the purposes of this section, regard shall be had to –
(a)
the description applied to the product on its
package;
(b)
the description applied to the product in any
document relating to the supply of the product; and
(c)
the description applied to the product in any
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promotional material and advertisement concerning
the product; and
(d)
3.
any other relevant information.
Supply to be accompanied by
written particulars
(1)
Any person who supplies any regulated electronic product
in the course of trade or business at retail level shall, at the
time of supply, issue an invoice or receipt to the person to whom
the product is supplied.
(1A)
Subsection (1) applies only to trade or business carried
on premises being a tenement included in the valuation list in
force under section 14 of the Rating Ordinance (Cap. 116).
(2)
An invoice or receipt issued under subsection (1) shall
contain –
(a)
the full name and address of the supplier;
(b)
the price at which the product is supplied;
(c)
the date of supply;
(d)
the brand name of the product;
(e)
the model number of the product (if any);
(f)
the following information as regards facilities
service for the inspection, repair or
maintenanceservice of the product –
(i) such servicefacilities are is available
free of charge or such servicefacilities
are is not so available, as may be
applicable; and
(ii) where such servicefacilities are is
available -
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(A)
subject to subsection (3), the place
at which such servicefacilities are
is available;
(B)
the identity of the provider of such
servicefacilities; and
(C)
the period for which such
servicefacilities are is available;
(g)
the place of manufacture of the product or, where
the place of manufacture is unknown to the
supplier, a statement that the place of manufacture
is unknown; and
(h)
the information prescribed in relation to the
product in column 2 of the Schedule.
(3)
For the purposes of subsection (2)(f)(ii)(A), where
facilities a service for the inspection, repair or service
maintenance of a product are available in more than one place, an
invoice or receipt issued under subsection (2) shall at least –
(a)
where the supplier has made a representation to the
purchaser that such facilities service are is
available in any particular one of those places,
show contain information on that place;
(b)
where the supplier has not made any representation
to the purchaser that such facilities service are
is available in a particular place, show contain
information on the place –
(i) in which it is, having regard to all
information available to the supplier, most
likely that the purchaser will avail himself
of such facilitiesservice; and
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(ii) in which such facilities service are is
available.
4.
Supplier shall retain invoice or
receipt for 3 years
(1)
A supplier shall retain a copy of an invoice or receipt
issued by him under section 3 for a period of not less than 3
years after the date of issue.
(2)
Any person who contravenes subsection (1) commits an
offence and is liable on conviction to a fine at level 2 and
imprisonment for 1 month.
5.
Position of auctioneer
(1)
For the purposes of this order, where a regulated
electronic product is sold by auction –
(a)
the auctioneer shall be regarded as the supplier of
the product; 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 a regulated
electronic product 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.
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SCHEDULE
[s. 3]
PRESCRIBED INFORMATION
Regulated
electronic product
Information prescribed for the purposes
of section 3(2)(h) of this Order
Digital audio
(a)
memory capacity
player
(b)
availability of radio function
(c)
availability of voice recording
function
(d)
availability of line-in recording
function
Digital
(a)
optical zoom range of the lens
camcorder
(b)
the type and capacity of storage media
(c)
resolution for still picture in terms
of pixels
(d)
the type and storage capacity of
support memory card (if provided)
Digital camera
(a)
resolution of the camera in terms of
pixels
(b)
the type and storage capacity of
support memory card (if provided)
(c)
(where the camera is fitted with
built-in lens or the lens is sold
together with the camera as a single
item) optical zoom range of the lens
(d)
(where the camera is fitted with
built-in lens or the lens is sold
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together with the camera as a single
item) maximum aperture of the lens
Mobile phone
(a)
network frequency or operating
frequency or band
(b)
the type and storage capacity of
support memory card (if provided)
(c)
data transfer/network connectivity
protocol
(d)
(where the phone has a built-in
camera) resolution of the camera in
terms of pixels
Portable
(a)
memory capacity
multimedia player
(b)
availability of radio function
(c)
availability of voice recording
function
(d)
availability of line-in recording
function
Clerk to the Executive Council
COUNCIL CHAMBER
2008
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