Consumer Council Ordinance


Published: 1997-06-30

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Cap 216 - CONSUMER COUNCIL ORDINANCE 1

Chapter: 216 CONSUMER COUNCIL ORDINANCE Gazette Number Version Date

Long title 30/06/1997


To incorporate the Consumer Council, to define its functions and powers, to negative personal liability of members
and employees for the Council's or its committees' acts or omissions, and for connected purposes.


[15 July 1977] L.N. 167 of 1977


(Originally 56 of 1977)

Part: I PRELIMINARY 30/06/1997




Section: 1 Short title 30/06/1997


This Ordinance may be cited as the Consumer Council Ordinance.

Section: 2 Interpretation 30/06/1997


In this Ordinance, unless the context otherwise requires-
"Council" (委員會) means the Consumer Council incorporated by section 3(1);
"financial year" (財政年度) means each period of 12 months ending with 31 March;
"member" (委員) means a member of the Council.

Part: II INCORPORATION AND POWERS 30/06/1997




Section: 3 Incorporation of Consumer Council 30/06/1997


(1) The Consumer Council existing at the commencement
of this Ordinance is hereby created a body corporate consisting of the persons who from time to time hold office as
members of the Council.

(2) The Council shall have perpetual succession and a common seal and shall be capable of suing and being
sued and of doing and suffering all such other acts and things as bodies corporate may lawfully do and suffer.

(3) The Council shall continue to be known in the Chinese language as "消費者委員會".

Section: 4 Functions of Council L.N. 320 of 1999 01/01/2000


Remarks:
Adaptation amendments retroactively made - see 66 of 2000 s. 3


(1) The functions of the Council are to protect and promote the interests of consumers of goods and services
and purchasers, mortgagors and lessees of immovable property by-

(a) collecting, receiving and disseminating information concerning goods, services and immovable
property;

(b) receiving and examining complaints by and giving advice to consumers of goods and services and
purchasers, mortgagors and lessees of immovable property;

(c) taking such action as it thinks justified by information in its possession, including tendering advice to
the Government or to any public officer;

(d) encouraging business and professional associations to establish codes of practice to regulate the
activities of their members;

(e) undertaking such other functions as the Council may adopt with the prior approval of the Chief



Cap 216 - CONSUMER COUNCIL ORDINANCE 2

Executive in Council. (Amended 66 of 2000 s. 3)
(2) The Chief Executive may by notice in writing to the Council declare any goods, services or immovable

property or class of goods, services or immovable property to be outside the scope of the Council's functions under
subsection (1). (Amended 66 of 2000 s. 3)

(3) In subsection (1) and in section 5(2)(c) "goods and services" (貨品及服務) does not include goods and
services which are-

(a) supplied by-
(i) the Government; or (Amended 39 of 1985 s. 60; 78 of 1999 s. 7)
(ii) (Repealed 65 of 1994 s. 2)

(b) made the subject of a declaration under subsection (2).
(4) (Repealed 65 of 1994 s. 2)

(Amended 5 of 1992 s. 2)

Section: 5 Powers of Council 66 of 2000 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 66 of 2000 s. 3


(1) The Council may do such things as are reasonably necessary to enable it to carry out its functions.
(2) Without restricting the generality of subsection (1), the Council may in carrying out its functions-

(a) acquire, hold and dispose of all kinds of property movable and immovable and in any manner which it
thinks fit;

(b) enter into any contract;
(c) undertake the testing and examination of goods and services and inspection of immovable property;

(Amended 5 of 1992 s. 3)
(d) produce or distribute, by way of sale or otherwise, any publication which is of interest to consumers;
(e) do any thing which it may do under this Ordinance in association or co-operation with any other

person or sponsor any other person to do that thing;
(f) charge for the use of any facility or service provided by the Council;
(g) with the prior approval of the Chief Executive, become a member of or affiliate to any international

body concerned with consumer matters. (Amended 66 of 2000 s. 3)

Section: 6 Membership of Council 66 of 2000 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 66 of 2000 s. 3


(1) The Council shall consist of the following members-
(a) a Chairman who shall be appointed by the Chief Executive for a term not exceeding 2 years;
(b) a Vice-Chairman who shall be appointed by the Chief Executive for a term not exceeding 2 years; and

(Replaced 28 of 1985 s. 2)
(c) not more than 20 other persons each of whom shall be appointed by the Chief Executive for a term not

exceeding 2 years. (Replaced 28 of 1989 s. 2)
(2) The Chairman, Vice-Chairman and any other member appointed under subsection (1)(c) may be

reappointed upon expiry of their respective terms of office. (Amended 28 of 1985 s. 2)
(3) The Chairman, Vice-Chairman and any other member appointed under subsection (1)(c) may at any time-

(Amended 28 of 1985 s. 2)
(a) resign his office by notice to the Chief Executive; or
(b) be removed therefrom by the Chief Executive for permanent incapacity or other sufficient cause,

and upon such resignation or removal the term for which he was appointed shall be deemed to have expired.
(4) Where the Chairman, Vice-Chairman or any other member appointed under subsection (1)(c) is precluded

by temporary incapacity or other cause from exercising his functions as such for any period the Chief Executive may
appoint another person to act in place of the Chairman, Vice-Chairman or other member during such period with all
such rights, powers, duties or liabilities as if he had been appointed under subsection (1). (Amended 28 of 1985 s. 2)

(5) (Repealed 28 of 1985 s. 2)



Cap 216 - CONSUMER COUNCIL ORDINANCE 3

(6) Where any question arises under subsection (3) or (4) as to whether any incapacity or cause exists or
whether any incapacity is temporary or permanent or any cause sufficient, the decision of the Chief Executive thereon
shall be final.

(Amended 66 of 2000 s. 3)

Section: 7 Meetings of Council 30/06/1997


(1) Meetings of the Council shall be held at such times and places as the Council, the Chairman or in his
absence, the Vice-Chairman may from time to time appoint.

(2) The following procedural provisions shall apply to every meeting of the Council and subject thereto the
Council may regulate its own procedure-

(a) at meetings of the Council 11 members shall form a quorum; (Replaced 28 of 1989 s. 3. Amended 5
of 1992 s. 4)

(b) the Chairman or in his absence, the Vice-Chairman shall preside or, if both are absent or disqualified
under section 9(c), the members present shall appoint one of their number to preside;

(c) every question shall be determined by a majority of votes of the members present and voting thereon;
(d) in the event of an equality of votes the member presiding shall have a casting vote in addition to his

ordinary vote.
(Amended 28 of 1985 s. 3)


Section: 8 Committees 30/06/1997


(1) The Council may appoint committees and may delegate to them the exercise and performance of any of its
powers and functions except this power of delegation.

(2) Persons who are not members of the Council are eligible for appointment to committees.
(3) Subject to the terms of any delegation by the Council, every committee-

(a) may exercise and perform the delegated powers and functions with the same effect as if it were the
Council itself;

(b) shall be presumed to be acting in accordance with the terms of the delegation in the absence of proof to
the contrary;

(c) may regulate its own procedure.

Section: 9 Disclosure of member's interest 30/06/1997


If a member of the Council, or of any committee of the Council, has a direct or indirect commercial interest in
any matter under discussion at a meeting of the Council or of the committee, being an interest greater than that which
he has as a member of the general public, the following provisions shall apply-

(a) he shall disclose the nature of his interest at the meeting;
(b) the disclosure shall be recorded in the minutes;
(c) where the disclosure is made by the member presiding, he shall vacate the chair during the discussion;
(d) the member (including one who has vacated the chair under paragraph (c)) shall, if so required by the

member presiding, withdraw from the meeting during the discussion and shall not in any case, except
as otherwise determined by the member presiding, vote on any resolution concerning the matter or be
counted for the purpose of establishing the existence of a quorum.


Section: 10 Appointment of staff and advisers 66 of 2000 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 66 of 2000 s. 3


(1) Subject to subsection (4), the Council shall appoint a person to hold office as its chief executive. (Amended
28 of 1985 s. 4)

(2) The Council may appoint such other employees as it thinks fit and, subject to subsection (4), determine all
matters relating to their remuneration and terms and conditions of appointment or employment.

(3) The Council may engage the services of technical and professional advisers in such manner and on such



Cap 216 - CONSUMER COUNCIL ORDINANCE 4

terms and conditions as it thinks fit.
(4) The Council shall obtain the prior approval of the Chief Executive to-

(a) any appointment proposed to be made under subsection (1) and the terms and conditions thereof;
(b) the suspension or dismissal of its chief executive;
(c) the salary or salary scale (including allowances and other pecuniary benefits) and conditions of

employment applicable to its chief executive and every other employee or class of employee, and any
variation thereof. (Amended 28 of 1985 s. 4)

(5) No person shall be employed by the Council otherwise than on the salary or salary scale or on the
conditions of employment applicable to that person approved by the Chief Executive under subsection (4).

(Amended 66 of 2000 s. 3)

Section: 11 Documents of Council 30/06/1997


(1) The Council may make and execute all such documents as may be expedient for or conducive to the
exercise and performance of its powers, functions and duties.

(2) The fixing of the seal of the Council to any document shall-
(a) be authorized by resolution of the Council; and
(b) be authenticated by the signatures of any 2 members authorized by resolution of the Council, either

generally or specially, to act for that purpose.
(3) Any document purporting to be duly executed under the seal of the Council shall, unless the contrary is

proved, be considered to be duly executed.
(4) Any contract or instrument which if entered into or executed by a person not being a body corporate would

not be required to be in the form of a deed may be entered into or executed on behalf of the Council by any person
generally or specially authorized by the Council for that purpose.

Part: III FINANCIAL 30/06/1997




Section: 12 Resources of Council 66 of 2000 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 66 of 2000 s. 3


(1) The Chief Executive may, out of money appropriated for the purpose by the Legislative Council, authorize
payment to the Consumer Council of such amounts as he thinks fit. (Amended 66 of 2000 s. 3)

(2) The resources of the Council shall consist of-
(a) all money received by the Council pursuant to subsection (1);
(b) money paid to the Council by way of donations, fees, subscriptions, rent and interest;
(c) all other money and property, including accumulations of income, received by the Council for its

purposes.

Section: 13 Borrowing powers 30/06/1997


The Council may, with the approval of the Financial Secretary, borrow or otherwise raise money and charge all
or any part of its property as security therefor.

Section: 14 Investment of funds 30/06/1997


All money of the Council that is not immediately required shall be invested-
(a) on fixed deposit in any bank or savings bank approved by the Financial Secretary, either generally or

in any particular case, for the purpose; or
(b) in such other forms of investment as the Financial Secretary may approve.





Cap 216 - CONSUMER COUNCIL ORDINANCE 5

Section: 15 Estimates L.N. 130 of 2007 01/07/2007


Remarks:
For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative
Council (L.N. 130 of 2007), see paragraph (12) of that Resolution.


The Council shall in each financial year adopt estimates of income and expenditure for the ensuing financial

year and, before a date to be appointed by the Secretary for Commerce and Economic Development, send them to the
Chief Executive for his approval together with a programme of its proposed activities for the ensuing financial year.

(Amended 66 of 2000 s. 3; L.N. 125 of 2004; L.N. 130 of 2007)

Section: 16 Accounts, audit and annual report L.N. 130 of 2007 01/07/2007


Remarks:
For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative
Council (L.N. 130 of 2007), see paragraph (12) of that Resolution.


(1) The Council shall keep proper accounts and proper records in relation thereto and shall within 3 months

after the expiry of a financial year, or such further period as the Secretary for Commerce and Economic Development
may allow, prepare a statement of the accounts of the Council, which statement shall include an income and
expenditure account and a balance sheet. (Amended L.N. 125 of 2004; L.N. 130 of 2007)

(2) The Council shall, subject to subsection (3), appoint an auditor, who shall be entitled to have access at any
time to all books of account, vouchers and other financial records of the Council and to require such information and
explanations relating thereto as he thinks fit.

(3) The Council shall obtain the prior approval of the Secretary for Commerce and Economic Development to
any appointment proposed to be made under subsection (2). (Amended L.N. 125 of 2004; L.N. 130 of 2007)

(4) The auditor shall, as soon as is practicable, audit the accounts required by subsection (1) and shall submit a
report thereon to the Council.

(5) The Council shall within 3 months after the receipt by it of the auditor's report in respect of its accounts for
a financial year, or within such further period as the Secretary for Commerce and Economic Development may allow,
furnish- (Amended L.N. 125 of 2004; L.N. 130 of 2007)

(a) a report on the affairs of the Council for that year;
(b) a copy of its accounts therefor; and
(c) the auditor's report on the accounts,

to the Chief Executive who shall cause the same to be tabled in the Legislative Council. (Amended 66 of 2000 s. 3)

Part: IV GENERAL 30/06/1997




Section: 17 Council not servant or agent of the Government 23 of 2002 19/07/2002


The Council is not a servant or agent of the Government and does not enjoy any status, immunity or privilege of
the Government.

(Amended 23 of 2002 s. 28)

Section: 18 Chief Executive may give directions 66 of 2000 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 66 of 2000 s. 3


(1) The Chief Executive may, if he considers that the public interest so requires, give to the Council such
directions as he thinks fit with respect to the exercise and performance by the Council of its powers, functions and
duties under this Ordinance, either generally or in any particular case. (Amended 66 of 2000 s. 3)

(2) The Council shall comply with any direction given to it under subsection (1).



Cap 216 - CONSUMER COUNCIL ORDINANCE 6


Section: 19 Protection of members of Council and committees 30/06/1997


(1) No member or employee of the Council or of any committee of the Council shall be personally liable for
any act done or default made-

(a) by the Council; or
(b) by any committee of the Council,

acting in good faith in the course of the operations of the Council or of the committee.
(2) The protection hereby conferred on members and employees of the Council or of a committee in respect of

any act or default shall not in any way affect any liability of the Council for that act or default.

Section: 20 Prohibition of exploitation of the Council's name for

advertisement purposes
30/06/1997



(1) No person shall, with a view to promoting or disparaging any goods, services or immovable property or
promoting the image of any person, publish or cause to be published any advertisement which either expressly or by
implication makes reference to-

(a) the Council;
(b) any committee, member, agent or employee of the Council;
(c) the Council's publication or finding of tests or surveys conducted by or on behalf of the Council; or
(d) any other information published by the Council,

without written consent of the Council.
(2) Any person who contravenes subsection (1) commits an offence and is liable to a fine of $100000.
(3) For the purpose of subsection (1) "advertisement" (廣告) may be constituted by any words, whether written

or spoken, or any picture, drawing, visual image, figure or article-
(a) appearing in any publication; or
(b) brought to the notice of the public or any section of the public in any other way.

(Replaced 5 of 1992 s. 5)

Section: 21 Transitional provisions 30/06/1997


(1) All property of whatever kind and whether movable or immovable vested in or belonging to the Consumer
Council existing at the commencement of this Ordinance shall as from that date vest in or belong to that Council in its
corporate capacity without any further assurance.

(2) All obligations and liabilities of the said Consumer Council are as from the commencement of this
Ordinance the obligations and liabilities of the Council in its corporate capacity.

(3) Where anything has been commenced by or under the authority of the said Consumer Council before the
commencement of this Ordinance such thing may be carried on and completed by the Council in its corporate
capacity.

(4) Every person who immediately before the commencement of this Ordinance holds an appointment as
Chairman, Executive Director or a member of the said Consumer Council is, as from such commencement but subject
to the terms of his appointment, the Chairman, Executive Director, or a member of the Council, as the case may be,
for the purposes of this Ordinance.

(5) Notwithstanding the definition of "financial year" in section 2 the period between the commencement of
this Ordinance and 31 March 1978 shall be deemed to be a financial year.

(6) No stamp duty shall be payable in respect of any transfer of property under this section.

Schedule: SCHEDULE (Repealed 65 of 1994 s. 3) 30/06/1997

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