Cap 456 - CONSUMER GOODS SAFETY ORDINANCE 1
Chapter: 456 CONSUMER GOODS SAFETY ORDINANCE Gazette Number Version Date
Long title 30/06/1997
An Ordinance to impose a duty on manufacturers, importers and suppliers of certain consumer goods to ensure that the
consumer goods they supply are safe and for incidental purposes.
(Enacted 1994)
[20 October 1995] L.N. 444 of 1995
(Originally 84 of 1994)
Part: I PRELIMINARY 30/06/1997
(Enacted 1994)
Section: 1 Short title 30/06/1997
(1) This Ordinance may be cited as the Consumer Goods Safety Ordinance.
(2) (Omitted as spent)
(Enacted 1994)
Section: 2 Interpretation 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.
In this Ordinance, unless the context otherwise requires-
"advertise" (宣傳) includes issuing a catalogue, circular or price list that is intended for the general public;
"Appeal Board" (上訴委員會) means an Appeal Board appointed under section 15;
"approved laboratory" (認可檢驗所) means a laboratory approved in writing by the Commissioner for Innovation
and Technology under section 11 to conduct specified tests on consumer goods; (Amended L.N. 218 of 2000)
"approved standard" (認可標準) means a safety standard or safety specification approved by the Secretary under
section 5;
"authorized officer" (獲授權人員) means an officer holding an office specified in Schedule 1 to the Customs and
Excise Service Ordinance (Cap 342) or an officer appointed by the Commissioner under section 18 to be an
authorized officer;
"Commissioner" (關長) means the Commissioner of Customs and Excise, any Deputy or Assistant Commissioner of
Customs and Excise and any public officer designated in writing by the Commissioner of Customs and Excise to
exercise his powers under this Ordinance; (Amended 65 of 2000 s. 3)
"consumer goods" (消費品) means goods which are ordinarily supplied for private use or consumption, not being
goods set out in the Schedule, and includes the packaging in which the consumer goods are supplied;
"document" (文件) includes-
(a) a book, voucher, receipt or data material, or information which is recorded in a non-legible form but is
capable of being reproduced in a legible form; and
(b) any document, disc, tape, sound-track or other device in which sounds or other data (not being visual
images) are embodied so as to be capable (with or without the aid of other equipment) of being
reproduced and any film (including a microfilm), tape or other device in which visual images are
embodied so as to be capable of being reproduced in a legible form;
"general safety requirement" (一般安全規定) means a duty to ensure that consumer goods are reasonably safe
having regard to all the circumstances, including those set out in section 4;
Cap 456 - CONSUMER GOODS SAFETY ORDINANCE 2
"goods in transit" (過境貨品) means consumer goods that are brought into Hong Kong solely for the purpose of
taking them out of Hong Kong and that remain at all times on the vessel or aircraft that brought them into Hong
Kong; (Amended 45 of 1996 s. 2)
"new goods" (新貨品) means consumer goods that a manufacturer, importer, wholesaler, retailer or another person is
selling for the first time to a consumer or another person, including a manufacturer, importer, wholesaler or
retailer, but does not include consumer goods that have been previously sold to a consumer;
"notice to warn" (警告通知書) means a notice served under section 7;
"premises" (處所) includes any place and any stall, whether permanent or temporary in nature;
"prohibition notice" (禁制通知書) means a notice served under section 8;
"recall notice" (收回通知書) means a notice served under section 9;
"record" (紀錄) includes a document;
"Secretary" (局長) means the Secretary for Commerce and Economic Development; (Replaced L.N. 106 of 2002.
Amended L.N. 130 of 2007)
"supply" (供應) means-
(a) to sell or hire out;
(b) to offer, have in possession, or expose for sale or for hiring out;
(c) to exchange or dispose of for any consideration;
(d) to transmit, convey or deliver in pursuance of-
(i) a sale;
(ii) a hiring out; or
(iii) an exchange or disposal for any consideration; or
(e) for commercial purposes, to give consumer goods as a prize or to make a gift of the consumer goods;
"transhipment" (轉運) means the importation of an article that is consigned on a through bill of lading or a through air
waybill from a place outside Hong Kong to another place outside Hong Kong and is or is to be removed from
the vessel, vehicle or aircraft in which it was imported and either returned to the same vessel, vehicle or aircraft
or transferred to another vessel, vehicle or aircraft before being exported, whether it is or is to be transferred
directly between such vessels, vehicles or aircraft or whether it is to be landed in Hong Kong after its
importation and stored, pending exportation.
(Enacted 1994)
Section: 3 Exemption of certain goods 30/06/1997
This Ordinance does not apply to goods in transit, consumer goods in the course of transhipment or consumer
goods manufactured for export which may otherwise be consumer goods to which this Ordinance applies.
(Enacted 1994)
Part: II CONSUMER GOODS SAFETY AND STANDARDS 30/06/1997
(Enacted 1994)
Section: 4 The general safety requirement 30/06/1997
(1) The general safety requirement for consumer goods is that the consumer goods are reasonably safe having
regard to all of the circumstances, including-
(a) the manner in which, and the purpose for which, the consumer goods are presented, promoted or
marketed;
(b) the use of any mark in relation to the consumer goods and instructions or warnings given for the
keeping, use or consumption of the consumer goods;
(c) reasonable safety standards published by a standards institute or similar body for consumer goods of
the description which applies to the consumer goods or for matters relating to consumer goods of that
description; and
(d) the existence of any reasonable means (taking into account the cost, likelihood and extent of any
Cap 456 - CONSUMER GOODS SAFETY ORDINANCE 3
improvement) to make the consumer goods safer.
(2) Where an approved standard applies to consumer goods, the consumer goods shall be taken as complying
with the general safety requirement if they comply with the approved standard.
(Enacted 1994)
Section: 5 Approved standards 30/06/1997
The Secretary may by regulation approve a safety standard or safety specification applicable to consumer goods
or a class of consumer goods.
(Enacted 1994)
Section: 6 Requirement to meet safety standards for consumer goods 30/06/1997
A person shall not-
(a) supply;
(b) manufacture; or
(c) import into Hong Kong,
consumer goods unless the consumer goods comply with-
(i) the general safety requirement for consumer goods; or
(ii) where an approved standard applies to consumer goods, the approved standard for the particular
consumer goods.
(Enacted 1994)
Part: III SAFETY CONTROL NOTICES 30/06/1997
(Enacted 1994)
Section: 7 Notice to warn 30/06/1997
Where the Commissioner reasonably believes that consumer goods are unsafe in certain circumstances, the
Commissioner may serve on a person a notice requiring the person, at his own expense and by his own arrangement,
to publish in the form and manner and on such occasions as may be specified in the notice, a warning that the
consumer goods may be unsafe unless the steps specified in the notice are taken.
(Enacted 1994)
Section: 8 Prohibition notice 30/06/1997
(1) Where the Commissioner reasonably believes that consumer goods-
(a) do not comply with an approved standard or a safety standard or safety specification established by
regulation; or (Amended 15 of 1997 s. 2)
(b) for which a safety standard has not been approved, are, or may be, unsafe,
the Commissioner may serve on a person a prohibition notice, prohibiting the person from supplying those consumer
goods for a specified period not exceeding 6 months.
(2) The Commissioner may extend the period of a prohibition notice if he has taken proceedings against the
person on whom the notice was served-
(a) for the prosecution of an offence relating to the prohibition notice or the supply of the consumer goods;
or
(b) for the destruction of seized or detained consumer goods.
(Enacted 1994)
Section: 9 Recall notice 30/06/1997
Where the Commissioner reasonably believes-
(a) that consumer goods-
Cap 456 - CONSUMER GOODS SAFETY ORDINANCE 4
(i) do not comply with an approved standard or a safety standard or safety specification established
by regulation; or (Amended 15 of 1997 s. 3)
(ii) for which a safety standard has not been approved, are, or may be, unsafe; and
(b) that there is a significant risk that the consumer goods will cause a serious injury,
the Commissioner may serve on a person a notice requiring the immediate withdrawal of those consumer goods from
being supplied and the retrieval, in the manner and to the extent reasonably possible, of those items already supplied.
(Enacted 1994)
Section: 10 Power of Commissioner to require testing, etc. 30/06/1997
The Commissioner may by notice in writing require-
(a) the manufacturer, importer or supplier of consumer goods that the Commissioner has reasonable
grounds for believing do not comply with-
(i) the general safety requirement; (Replaced 15 of 1997 s. 4)
(ii) an approved standard; or (Replaced 15 of 1997 s. 4)
(iii) a safety standard or safety specification established by regulation, (Added 15 of 1997 s. 4)
to have them tested in the form and manner the Commissioner specifies;
(b) the manufacturer, importer or supplier of consumer goods to modify them or their labelling, packaging
or advertising so that they comply with-
(i) the general safety requirement; (Replaced 15 of 1997 s. 4)
(ii) an approved standard; or (Replaced 15 of 1997 s. 4)
(iii) a safety standard or safety specification established by regulation; and (Added 15 of 1997 s. 4)
(c) a person who advertises specified consumer goods-
(i) to include warning notices in the advertisements; or
(ii) to cease the advertising.
(Enacted 1994)
Part: IV LABORATORIES AND TESTING 30/06/1997
(Enacted 1994)
Section: 11 Laboratories L.N. 218 of 2000 01/07/2000
The Commissioner for Innovation and Technology may, in writing, approve a laboratory to conduct specified
tests on consumer goods.
(Amended L.N. 218 of 2000)
(Enacted 1994)
Section: 12 Testing of consumer goods 30/06/1997
(1) A person may, at his own expense, have consumer goods tested by an approved laboratory to determine
whether or not they comply with the general safety requirement or an approved standard or a safety standard or safety
specification established by regulation.
(2) The Commissioner may, where he has purchased or seized consumer goods, have them tested by the
Government Chemist to determine whether or not they comply with the general safety requirement or an approved
standard or a safety standard or safety specification established by regulation.
(Amended 15 of 1997 s. 5)
(Enacted 1994)
Part: V APPEALS 30/06/1997
(Enacted 1994)
Cap 456 - CONSUMER GOODS SAFETY ORDINANCE 5
Section: 13 Appeal to Appeal Board 30/06/1997
(1) A person who is aggrieved by a decision or action of the Commissioner under Part III may, within 14 days
after the decision or action, deliver to the Commissioner a notice of appeal stating the substance of the matter and
reasons for the appeal.
(2) After receiving the notice of appeal the Commissioner shall forward it to the Secretary.
(3) An appeal under this section against a decision of the Commissioner does not suspend the decision unless
the Commissioner decides otherwise.
(Enacted 1994)
Section: 14 Appeal Board panel 30/06/1997
(1) The Secretary shall appoint members to an Appeal Board panel based on the following numbers and
categories-
(a) a chairman and a deputy chairman each of whom shall be a barrister qualified to practise as such or a
solicitor qualified to act as such under the Legal Practitioners Ordinance (Cap 159);
(b) not more than 5 members who are scientists or technologists with relevant expertise in consumer
goods;
(c) not more than 5 members who are from the consumer goods industry;
(d) not more than 5 members of the general public who do not come within the categories referred to in
paragraphs (b) and (c).
(2) A public officer is not eligible for appointment to the Appeal Board panel.
(3) A member shall be appointed for a term determined by the Secretary, and he may set different terms for
each member, and a member may be reappointed at the end of a term.
(Enacted 1994)
Section: 15 Appeal Board 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) As soon as reasonably possible after receipt of a notice of appeal from the Commissioner under section 13,
the Secretary shall appoint an Appeal Board to hear the appeal and the Board shall consist of the chairman or deputy
chairman of the Appeal Board panel, who shall be chairman of the Board, and 1 member from each of the other
categories of the panel.
(2) The chairman of the Appeal Board, in addition to his vote as a member of the Appeal Board, shall have a
casting vote in the event of a tied vote.
(3) Each member shall be remunerated out of money provided by the Legislative Council for the purpose at a
rate that the Secretary may determine. (Amended L.N. 125 of 2004; L.N. 130 of 2007)
(Enacted 1994)
Section: 16 Proceedings before Appeal Board 30/06/1997
(1) The chairman of the Appeal Board shall notify the appellant of the time and place of its hearing of the
appeal.
(2) The appellant may be represented by an agent or a barrister qualified to practise as such or a solicitor
qualified to act as such under the Legal Practitioners Ordinance (Cap 159) at a proceeding before the Appeal Board.
(3) The Commissioner may be represented by an agent or a barrister qualified to practise as such or a solicitor
qualified to act as such under the Legal Practitioners Ordinance (Cap 159) or by a legal officer within the meaning of
the Legal Officers Ordinance (Cap 87) at a proceeding before the Appeal Board.
(4) The appellant and the Commissioner may adduce evidence and may cross-examine the other's witnesses.
(5) The Appeal Board shall establish its procedure for hearing the appeal.
(Enacted 1994)
Cap 456 - CONSUMER GOODS SAFETY ORDINANCE 6
Section: 17 Appeal Board powers 30/06/1997
(1) The Appeal Board may, by notice under the signature of the chairman-
(a) order a person to attend before the Board and give evidence;
(b) order a person to produce documents.
(2) The Appeal Board may-
(a) confirm or revoke the decision or action of the Commissioner;
(b) make any decision that the Commissioner could have made; or
(c) order the Commissioner to take any action within his powers.
(3) The Appeal Board may make any order it thinks fit with regard to the payment of costs of proceedings
under this section and the costs of the Commissioner or of any person in respect of whom the proceedings are brought.
(4) The Appeal Board shall notify the appellant and the Commissioner of its decision and the reasons for it.
(5) Costs awarded or imposed under this section are recoverable as a civil debt.
(Enacted 1994)
Part: VI ENFORCEMENT 30/06/1997
(Enacted 1994)
Section: 18 Appointment of authorized officers 30/06/1997
The Commissioner may appoint a public officer to be an authorized officer for the purposes of this Ordinance.
(Enacted 1994)
Section: 19 Power to enter premises and inspect and seize consumer
goods and documents
30/06/1997
(1) An authorized officer may, on production, if required, of evidence of his appointment-
(a) subject to section 20, for the purpose of ascertaining whether or not any offence under this Ordinance
has been or is being committed, inspect any consumer goods and enter any premises, vehicle, vessel or
aircraft;
(b) if he reasonably believes that an offence under this Ordinance has been committed, seize or detain any
consumer goods for the purpose of ascertaining, by testing or otherwise, whether or not the offence has
been committed;
(c) for the purpose of ascertaining whether or not an offence under this Ordinance has been committed,
require any person carrying on or employed in connection with, a trade or business to produce any
books or documents relating to the trade or business, and may take originals or copies of, or of any
entry in, a book or document;
(d) in the case of any premises, vehicle, vessel or aircraft in which he reasonably believes there are
consumer goods in respect of which an offence under this Ordinance has been or is being committed-
(i) enter and search those premises;
(ii) stop, board and search that vehicle, vessel or aircraft; and
(e) seize, remove or detain-
(i) any consumer goods in respect of which he reasonably believes an offence under this Ordinance
has been or is being committed; and
(ii) anything which he has reason to believe may be required as evidence in proceedings for an
offence under this Ordinance.
(2) An authorized officer may-
(a) break open any container or open any vending machine for the purpose of exercising his powers under
subsection (1)(e) to seize consumer goods;
(b) break open any outer or inner door necessary to conduct a search authorized by this Ordinance;
(c) forcibly board any vehicle, vessel or aircraft which he is empowered by this Ordinance to stop, board
or search;
Cap 456 - CONSUMER GOODS SAFETY ORDINANCE 7
(d) remove by force any person or thing obstructing him in the exercise of any power conferred on him by
this Ordinance;
(e) for the duration of a search or for such shorter period as the officer considers appropriate, detain any
person found during a search authorized by this Ordinance where-
(i) the officer, after inquiry, reasonably believes the person is connected with the subject-matter of
the search; and
(ii) it is necessary to detain the person in order to be able to adequately perform the search;
(f) arrest or detain for further inquiry any person whom he reasonably believes is committing or has
committed an offence under this Ordinance; and
(g) detain any vehicle, vessel or aircraft which he is empowered by this Ordinance to stop, board and
search until it has been so searched.
(3) An authorized officer who arrests or detains a person under subsection (2)(f) shall forthwith take the person
to a police station or, if in the opinion of that authorized officer further inquiries are necessary, first to an office of the
Customs and Excise Department and then to a police station, there to be dealt with in accordance with the provisions
of the Police Force Ordinance (Cap 232).
(4) A person shall not be detained under subsection (2)(f) for more than 48 hours without being charged and
brought before a magistrate.
(5) If any person forcibly resists or attempts to evade arrest under subsection (2)(f), the authorized officer may
use such force as is reasonably necessary to effect the arrest.
(Enacted 1994)
Section: 20 Restrictions on entry and search 30/06/1997
(1) An authorized officer shall not enter or search domestic premises unless-
(a) a magistrate has issued a warrant under subsection (2); or
(b) the Commissioner has given an authorization under subsection (3).
(2) A magistrate may, if he is satisfied by information on oath that there is reasonable ground for believing that
there are in any domestic premises any consumer goods or thing which may be seized, removed or detained under
section 19(1)(e), issue a warrant authorizing an authorized officer to enter and search the premises.
(3) The Commissioner may, if he is satisfied that there is reasonable ground for believing-
(a) that there are in any domestic premises any consumer goods or thing which may be seized, removed or
detained under section 19(1)(e); and
(b) that unless the premises are entered and searched immediately the consumer goods or thing are likely
to be removed from the premises,
authorize in writing an authorized officer to enter and search the premises.
(4) An authorized officer authorized under subsection (2) or (3) to enter and search domestic premises may take
with him any other person and any equipment as may appear to him to be necessary to assist him in entering and
searching the premises.
(Enacted 1994)
Section: 21 Power to obtain information 30/06/1997
(1) Where the Commissioner reasonably believes that a person possesses information that the Commissioner
needs to assist him in deciding whether to serve, vary or revoke-
(a) a notice to warn;
(b) a prohibition notice; or
(c) a recall notice,
he may serve on that person a notice under this section.
(2) For the purposes of subsection (1), a notice may require a person-
(a) to furnish to the Commissioner, within a period specified in the notice, the information specified; and
(b) to produce records specified in the notice at a time and place specified and to permit a person
appointed by the Commissioner to take copies of the records at that time and place.
(Enacted 1994)
Cap 456 - CONSUMER GOODS SAFETY ORDINANCE 8
Part: VII OFFENCES 30/06/1997
(Enacted 1994)
Section: 22 General offences 30/06/1997
(1) A person who contravenes section 6 commits an offence.
(2) In proceedings against a person for an offence for contravening section 6(i) it shall be a defence for that
person to show-
(a) that he reasonably believed that the consumer goods would not be used or consumed in Hong Kong;
(b) that-
(i) he supplied the consumer goods in the course of carrying on a retail business; and
(ii) at the time he supplied the consumer goods, he neither knew nor had reasonable grounds for
believing that the consumer goods failed to comply with the general safety requirement; or
(c) that the terms on which he sold the consumer goods indicated that the consumer goods were not being
supplied as new goods.
(3) A person who is served with a notice under section 7, 8 or 9 and fails or refuses to comply with it commits
an offence.
(4) A person who fails or refuses to comply with a requirement imposed by the Commissioner under section 10
commits an offence.
(5) A person who fails or refuses to comply with an order of the Appeal Board made under section 17(1)
commits an offence.
(6) A person who, under section 21-
(a) fails to comply with a notice served on him;
(b) furnishes information which he knows is false in a material particular; or
(c) recklessly furnishes information which is false in a material particular,
commits an offence.
(7) A person who fails or refuses to obey an order under section 34(1) or who contravenes section 34(2) or (3)
commits an offence.
(Enacted 1994)
Section: 23 Obstruction 30/06/1997
(1) A person who-
(a) wilfully obstructs an authorized officer in the exercise of his powers or the performance of his duties
under this Ordinance; or
(b) fails to give such authorized officer any other assistance or information which the authorized officer
may reasonably require of him for the purpose of the performance of the officer's functions under this
Ordinance,
commits an offence.
(2) A person who, in giving information which is required of him by virtue of subsection (1)(b)-
(a) makes a statement which he knows is false in a material particular; or
(b) recklessly makes a statement which is false in a material particular,
commits an offence.
(3) Nothing in subsection (1)(b) shall be construed as requiring a person to answer any question or give any
information if to do so might incriminate him.
(Enacted 1994)
Section: 24 Defence of due diligence 30/06/1997
(1) In any proceedings against a person for an offence under section 22 or a regulation, it shall be a defence for
that person to show that he took all reasonable steps and exercised all due diligence to avoid committing the offence.
(2) Where in any proceedings the defence provided by subsection (1) involves an allegation that the
commission of the offence was due-
Cap 456 - CONSUMER GOODS SAFETY ORDINANCE 9
(a) to the act or default of another person; or
(b) to reliance on information given by another,
that person shall not, without the leave of the court, be entitled to rely on the defence unless, not less than 7 clear
working days before the hearing of the proceedings, he has served a notice on the person bringing the proceedings
giving such information identifying or assisting in the identification of the person who committed the act or default or
gave the information as is in the possession of the person serving the notice at the time he serves it.
(3) A person shall not be entitled to rely on the defence provided by subsection (1) by reason of his reliance on
information supplied by another person, unless he shows that it was reasonable in all the circumstances for him to
have relied on the information, having regard in particular-
(a) to the steps which he took, and those which might reasonably have been taken, for the purpose of
verifying the information; and
(b) to whether he had any reason to disbelieve the information.
(4) A court, in making a decision on the defence provided under subsection (1), may take into consideration the
existence of a certificate from an approved laboratory showing that the samples of consumer goods which are the
subject of the prosecution had been tested before being sold and had complied with the safety standard or safety
specification set out in the certificate.
(Enacted 1994)
Section: 25 Defence of goods in transit, in the course of transhipment
or manufactured for export
30/06/1997
In a prosecution for an offence under section 22 or a regulation, consumer goods that are found in Hong Kong
shall, in the absence of evidence to the contrary, be presumed to be consumer goods that are not goods in transit,
consumer goods in the course of transhipment or consumer goods manufactured for export.
(Enacted 1994)
Section: 26 Innocent publication of advertisement 30/06/1997
In proceedings for an offence under this Ordinance committed by the publication of an advertisement, it shall be
a defence for the person charged to prove that he is a person whose business is to publish or arrange for the
publication of advertisements and that he received the advertisement for publication in the ordinary course of business
and did not know and had no reason to believe that its publication would amount to an offence under this Ordinance.
(Enacted 1994)
Section: 27 Liability of persons other than principal offender 30/06/1997
(1) Where the commission by any person of an offence to which section 22(1), (3) or (4) applies is due to an act
or default committed by some other person in the course of any business of his, the other person shall be guilty of the
offence and may be proceeded against and punished whether or not proceedings are taken against the first-mentioned
person.
(2) Where a body corporate commits an offence under this Ordinance in respect of any act or default which is
shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of,
any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act
in any such capacity he, as well as the body corporate, is guilty of the offence and shall be liable to the penalty
provided.
(3) Where the affairs of a body corporate are managed by its members, subsection (2) applies in relation to the
acts and defaults of a member in connection with his functions of management as if he were a director of the body
corporate.
(4) Where the person who commits an offence under this Ordinance is a firm and it is proved that the offence
was committed with the consent or connivance of, or was attributable to any neglect on the part of, a partner in the
firm or a person concerned in the management of the firm, the partner or the person is guilty of the offence and shall
be liable to the penalty provided.
(Enacted 1994)
Cap 456 - CONSUMER GOODS SAFETY ORDINANCE 10
Section: 28 Penalties 30/06/1997
(1) A person who commits an offence under section 22(1), (3) or (4) shall be liable-
(a) on first conviction, to a fine at level 6 and to imprisonment for 1 year; and
(b) on subsequent conviction, to a fine of $500000 and to imprisonment for 2 years.
(2) Where an offence referred to in subsection (1) is a continuing offence, in addition to the fine specified in
that subsection the person shall be liable to a fine of $1000 for each day during which it is proved to the satisfaction of
the court that the offence has continued.
(3) A person who commits an offence under section 22(5), (6) or (7) or 23 shall be liable to a fine at level 3 and
to imprisonment for 1 year.
(Enacted 1994)
Section: 29 Limitation on commencement of proceedings 30/06/1997
Notwithstanding section 26 of the Magistrates Ordinance (Cap 227), an information or complaint relating to an
offence under this Ordinance may be tried if it is laid or made, as the case may be, at any time within 3 years after the
commission of the offence or within 12 months after the first discovery of the offence by the prosecutor, whichever
period expires first.
(Enacted 1994)
Part: VIII REGULATIONS 30/06/1997
(Enacted 1994)
Section: 30 Regulations 30/06/1997
(1) The Secretary may by regulation provide for the following matters-
(a) establishing a safety standard or safety specification which he reasonably believes will materially
enhance the safety of consumer goods; (Replaced 15 of 1997 s. 6)
(b) prohibiting the supply, manufacture in Hong Kong, or importation into Hong Kong, of specified
consumer goods or a class of consumer goods.
(2) A regulation may provide that a person who contravenes it commits an offence and shall be liable-
(a) on first conviction, to a fine at level 6 and to imprisonment for 1 year; and
(b) on subsequent conviction, to a fine of $500000 and to imprisonment for 2 years.
(Enacted 1994)
Part: IX DESTRUCTION OF GOODS, ETC. 30/06/1997
(Enacted 1994)
Section: 31 Destruction or release of seized goods 30/06/1997
(1) Where consumer goods have been supplied, manufactured or imported contrary to section 6, the consumer
goods shall be liable to be destroyed.
(2) Where consumer goods are seized or detained by an authorized officer under section 19, the Commissioner
may at any time release the consumer goods to the person who appears to him to be the owner or his authorized agent
subject to such conditions as the Commissioner may specify in writing.
(3) Where consumer goods have not been released under subsection (2), the Commissioner may, whether in
proceedings where an offence is prosecuted or in other proceedings under this Ordinance, apply to a court or
magistrate for the destruction of the consumer goods.
(4) If, on the hearing of an application under subsection (3), the court or magistrate is satisfied that the
consumer goods are liable to destruction, the court or magistrate may order that-
(a) the consumer goods be destroyed; or
(b) where it is feasible to alter the consumer goods so that they comply with this Ordinance, the consumer
Cap 456 - CONSUMER GOODS SAFETY ORDINANCE 11
goods be returned to the owner on condition that he so alter the consumer goods, and supply the
Commissioner with certification from an approved laboratory that they have been so altered and obtain
the written approval of the Commissioner before supplying them to any person.
(5) Where under subsection (3) an application is made to a court or magistrate for the destruction of consumer
goods otherwise than in proceedings where an offence is prosecuted, the Commissioner shall forthwith notify in
writing the owner of the consumer goods or his authorized agent, unless the owner or his authorized agent has
indicated in writing to the Commissioner that such notification is not required or unless the owner of the consumer
goods cannot reasonably be ascertained.
(6) If there is more than one owner of the consumer goods, it shall be sufficient for the purposes of subsection
(5) to give notice to one such owner or his authorized agent or for one such owner or his authorized agent to indicate
that such notification is not required.
(Enacted 1994)
Section: 32 Compensation for seizure and detention 30/06/1997
(1) Where any consumer goods are seized or detained by an authorized officer under section 19 or 34, the
Government shall, subject to this section, be liable to compensate the owner of the consumer goods for any loss
suffered by him by reason of the seizure or detention or by reason that the consumer goods, during the detention, are
lost or damaged.
(2) The owner shall not be entitled to compensation for the loss if-
(a) he is convicted of an offence under this Ordinance committed in relation to the consumer goods;
(b) an order has been made by a court or magistrate under section 31(4) for the destruction of the
consumer goods or the return of the consumer goods for alteration; or
(c) the court or magistrate is satisfied during proceedings commenced by an owner for compensation
under this section that-
(i) the consumer goods did not comply with an approved standard or a safety standard or safety
specification established by regulation; (Amended 15 of 1997 s. 7)
(ii) the consumer goods did not comply with the general safety requirement;
(iii) the owner was reasonably prohibited from supplying the consumer goods;
(iv) the owner was reasonably required to issue a warning notice or modify or withdraw the
consumer goods; or
(v) the owner was reasonably required to modify or withdraw the labelling, packaging or advertising
of the consumer goods.
(3) In any proceedings against the Government in respect of a claim for compensation under subsection (1), the
amount of the compensation recoverable shall be such amount as is just and equitable in all the circumstances of the
case, including the conduct and comparative blameworthiness of-
(a) the owner of the consumer goods;
(b) the person in charge or control of the consumer goods at the time they were seized;
(c) the agents of the persons specified in paragraphs (a) and (b); and
(d) authorized officers, public officers and other persons concerned.
(4) No proceedings shall be maintainable in respect of a claim for compensation under subsection (1) unless the
proceedings are commenced-
(a) in the case of a claim for compensation in respect of consumer goods released to their owner by order
of a court or magistrate or by any person having authority to release the consumer goods to him, not
later than 6 months after the release;
(b) in the case of a claim for compensation on the ground that any consumer goods were lost during their
detention, not later than 6 months after-
(i) the discovery by the owner of the loss; or
(ii) the date on which the owner could, by the exercise of reasonable diligence, have discovered the
loss,
whichever is the earlier.
(5) A claim for compensation under this section may be made-
(a) in the Small Claims Tribunal, for claims up to the maximum jurisdiction of the Tribunal; or
(b) in the District Court, irrespective of the amount claimed.
(Enacted 1994)
Cap 456 - CONSUMER GOODS SAFETY ORDINANCE 12
Section: 33 Recovery of expenses of enforcement 30/06/1997
Where a court or magistrate-
(a) convicts a person of an offence under this Ordinance; or
(b) makes an order under section 31 for the destruction of any consumer goods or the return of the
consumer goods for alteration,
the court or magistrate may, in addition to any other order it or he may make as to costs or expenses, order the person
convicted or any person having an interest in the destroyed or altered consumer goods to reimburse the Government
Chemist for any costs associated with testing the consumer goods and the Commissioner for any expenditure which
has been or may be incurred by him-
(i) in connection with any seizure or detention of the consumer goods;
(ii) in purchasing consumer goods for testing by the Government Chemist; or
(iii) in connection with any compliance by the Commissioner with directions given by the court or
magistrate for the purposes of any order for the destruction or alteration of the consumer goods.
(Enacted 1994)
Section: 34 Storage of unsafe goods 30/06/1997
(1) An authorized officer may order the person in possession or control of any consumer goods in respect of
which the authorized officer has reasonable cause to believe that an offence under this Ordinance has been committed
or is being committed to cause the consumer goods, at the person's expense, to be stored in a place specified by the
authorized officer under such conditions as he may impose.
(2) A person shall not remove the consumer goods stored in a specified place in accordance with the order of
an authorized officer under subsection (1) from that place unless an authorized officer has authorized in writing the
removal of the consumer goods.
(3) A person authorized in writing under subsection (2) to remove any consumer goods from a specified place
shall comply with such conditions as may be imposed by the authorized officer on the removal of the consumer goods.
(Enacted 1994)
Part: X MISCELLANEOUS 30/06/1997
(Enacted 1994)
Section: 35 Service of notices L.N. 163 of 2013 03/03/2014
(1) A notice or direction required to be served under this Ordinance shall be properly served if-
(a) in the case of an individual, it is delivered to him or, where it cannot conveniently be so delivered, it is-
(i) left at the address at which he ordinarily resides or carries on business or, if such an address is
unknown, at his last known address; or
(ii) sent by post to him at any such address;
(b) in the case of-
(i) a company, it is delivered to an officer of the company or, where it cannot conveniently be so
delivered, it is left at, or sent by post to, the company's registered office;
(ii) a non-Hong Kong company within the meaning of the Companies Ordinance (Cap 622), it is left
with, or sent by post to, its authorized representative as defined by section 774(1) of that
Ordinance; (Amended 30 of 2004 s. 3; 28 of 2012 ss. 912 & 920)
(c) in the case of a partnership, it is delivered to any partner or where it cannot conveniently be so
delivered, it is left at, or sent by post to, the address at which the partnership carries on business;
(d) in the case of a body corporate other than a company or an unincorporated body of persons other than a
partnership, it is delivered to an officer of the body, or where it cannot conveniently be so delivered, it
is left at, or sent by post to, the address at which the body carries on business.
(2) For the purposes of subsection (1), every other body corporate other than a company and every
unincorporated body of persons not being a partnership shall be deemed to carry on business at its principal office or
Cap 456 - CONSUMER GOODS SAFETY ORDINANCE 13
place of business.
(3) Where a notice or direction is served-
(a) by sending it by post, it shall, in the absence of evidence to the contrary, be deemed to have been
served on the 7th day after the day on which it was sent; or
(b) by leaving it at an address referred to in subsection (1)(a)(i), (b)(i) or (ii), (c) or (d), as the case may be,
it shall, in the absence of evidence to the contrary, be deemed to have been served on the 7th day after
it was so left.
(Enacted 1994)
Section: 36 (Omitted as spent—E.R. 2 of 2014) E.R. 2 of 2014 10/04/2014
(Enacted 1994)
Schedule: SCHEDULE 30/06/1997
[section 2]
The following are not consumer goods within the meaning ascribed by section 2 of this Ordinance-
(a) food and water;
(b) pleasure craft and similar vessels;
(c) aircraft (other than hang-gliders);
(d) motor vehicles;
(e) gas, liquefied petroleum gas containers, gas appliances, gas fittings and flexible gas tubing, as defined
under the Gas Safety Ordinance (Cap 51);
(f) electrical products;
(g) pesticides;
(h) tobacco and tobacco products;
(i) pharmaceutical products, poisons and antibiotics;
(j) traditional Chinese medicines;
(k) toys and children's products within the meaning of the Toys and Children's Products Safety Ordinance
(Cap 424);
(l) any other goods the safety of which is controlled by specific legislation.
(Enacted 1994)
