Tag Archives: China

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First successful prosecution of renovation company and its staff member for engaging in wrongly accepting payment

     â€‹A renovation company and a male staff member of the company were convicted of engaging in wrongly accepting payment, in contravention of the Trade Descriptions Ordinance (TDO), on March 14 at West Kowloon Magistrates’ Courts. The renovation company was fined $30,000 on the same day while the male staff member was sentenced to 80 hours of community service order today (March 28). This is the first successful prosecution in which a trader had wrongly accepted payment in the sale of renovation service.

     Hong Kong Customs earlier received information alleging that a male staff member of a renovation company had engaged in unfair trade practices in the sale of demolition service. 

     After investigation, it was revealed that during a site inspection, the male staff member was aware that the materials of the rooftop structures were under statutory control and a notice was required to be submitted 28 days prior to the commencement of the works. However, at the time of accepting payment from two consumers, the staff member promised to complete the works on a schedule which would last for less than 28 days. The staff member eventually failed to complete the demolition works on schedule.  

     Customs reminds traders to comply with the requirements of the TDO and consumers to procure services at reputable shops. 

     Under the TDO, any trader commits an offence if at the time of acceptance of payment, the trader intends not to supply the product or intends to supply a materially different product, or there are no reasonable grounds for believing that the trader will be able to supply the product within a specified or reasonable period. The maximum penalty upon conviction is a fine of $500,000 and imprisonment for five years. 

     Members of the public may report any suspected violation of the TDO to Customs’ 24-hour hotline 2545 6182 or its dedicated crime-reporting email account (crimereport@customs.gov.hk). read more

East Asia

Registered Inspector convicted for contravening regulation under Mandatory Building Inspection Scheme

     A Registered Inspector (RI) was convicted and fined at Kwun Tong Magistrates’ Courts last week for contravention of the regulation under the Mandatory Building Inspection Scheme (MBIS). This is the first prosecution case against an RI in committing an offence of failing to provide proper supervision of building repair under the scheme.
 
     The RI concerned was appointed in 2015 to carry out inspection of the common area of a building at Parkes Street, Kowloon, and to supervise the required repair. In January 2017, the RI submitted a certificate to the BD, certifying that the building had been rendered dangerous or was liable to become dangerous, and a prescribed repair was required to be carried out to render the building safe. According to the record of the BD, a notice of commencement and certificate of completion of the minor works for the required prescribed repairs were received in April and October 2017 respectively.
 
     Later in December 2017, in response to a report on the collapse of a signboard from the building, inspection by the staff of the BD revealed defects at the soffit of the canopy on the first floor of the building. Further investigation revealed that the supervision of the prescribed repair works of the building was not provided properly by the RI, contravening the requirement under section 30D(4) of the Buildings Ordinance (BO). The RI was subsequently prosecuted for the offence under section 40(2AE) of the BO. He pleaded guilty to the charge and was fined $3,000 at Kwun Tong Magistrates’ Courts on March 19.
 
     A spokesperson for the BD reiterated that contravention of regulations under the MBIS is a serious offence. Upon receipt of reports or when irregularities are found during audit checks, the BD will take appropriate action against the relevant persons, including instigating prosecution and/or disciplinary action.
 
     Pursuant to section 40(2AE) of the BO, an RI who fails to provide proper supervision of the carrying out of the prescribed repair commits an offence and is liable on conviction to a fine of $250,000. read more

East Asia

Auction of personalised vehicle registration marks this Saturday

     The Transport Department (TD) today (March 28) reminded the public that the 133rd auction of personalised vehicle registration marks (PVRMs) will be held this Saturday (March 30) at Meeting Room S421, L4, Hong Kong Convention and Exhibition Centre, Wan Chai.
      
     A list of 234 approved PVRMs put up for auction can be downloaded from the department’s website, www.td.gov.hk. The reserve price for all these marks is $5,000. Applicants who have paid a deposit of $5,000 are required to participate in the bidding (including the first bid at the reserve price). Otherwise, the PVRM concerned may be sold to another bidder at the reserve price.
      
     Bidders are also reminded to bring the following documents with them for completion of registration and payment procedures immediately after the successful bidding:

(i) The identity document of the successful bidder;
(ii) The identity document of the purchaser if it is different from the successful bidder;
(iii) A copy of the certificate of incorporation if the purchaser is a body corporate; and
(iv) A crossed cheque made payable to “The Government of the Hong Kong Special Administrative Region” or “The Government of the HKSAR”. (For an auctioned mark paid for by cheque, the first three working days after the date of auction will be required for cheque clearance confirmation before processing of the application for mark assignment can be completed.) Successful bidders can also pay through the Easy Pay System (EPS). Payment by post-dated cheques, cash or other methods will not be accepted.
 
     People who want to participate in the bidding at the auction should take note of the following important points:

(i) The display of a PVRM on a motor vehicle should be in compliance with the requirements stipulated in Schedule 4 to the Road Traffic (Registration and Licensing of Vehicles) Regulations;
(ii) Any change to the arrangement of letters, numerals and blank spaces of a PVRM, i.e. single and two rows as auctioned, will not be allowed;
(iii) Purchasers must make payment of the purchase price through EPS or by crossed cheque and complete the Memorandum of Sale of PVRM immediately after the bidding for the PVRM concerned. Subsequent alteration of the particulars in the memorandum will not be permitted; and
(iv) The purchaser shall, within 12 months after the date of auction, apply to the Commissioner for Transport for the PVRM to be assigned to a motor vehicle registered in the name of the purchaser. If the purchaser fails to assign the PVRM within 12 months, allocation of the PVRM will be cancelled and arranged for re-allocation in accordance with the statutory provision without prior notice to the purchaser.
 
     “Upon completion of the Memorandum of Sale of PVRM, the purchaser will be issued a receipt and a Certificate of Allocation of Personalised Registration Mark. The Certificate of Allocation will serve to prove the holdership of the PVRM. Potential buyers of vehicles bearing a PVRM should check the Certificate of Allocation with the sellers and pay attention to the details therein. For transfer of vehicle ownership, this certificate together with other required documents should be produced to the TD for processing,” the spokesman said.
      
     For other auction details, please refer to the Guidance Notes – Auction of PVRM, which is available at the department’s licensing offices or can be downloaded from its website, www.td.gov.hk. read more

East Asia