Tag Archives: China

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Logistics company and its director convicted for engaging in commercial practice involving misleading omission

     A logistics company and its male director were each fined $2,500 today (November 9) at West Kowloon Magistrates’ Court for engaging in commercial practice involving misleading omission, in contravention of the Trade Descriptions Ordinance (TDO).

     Hong Kong Customs earlier received information alleging that a logistics company was suspected of engaging in unfair trade practices in the sale of removal services.

     Investigation revealed that the company offered a set of unclear quotations and charged for extra items in the subsequent course of provision of service.

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

     Under the TDO, any trader who engages in relation to a consumer in a commercial practice that omits or hides material information and as a result causes, or is likely to cause, an average consumer to make a transactional decision that the consumer would not have made otherwise commits an offence. The maximum penalty upon conviction is a fine of $500,000 and imprisonment for five years.

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

EMSD prosecutes lift contractor regarding Paris Court lift incident

     The Electrical and Mechanical Services Department (EMSD) today (November 9) brought prosecutions against Eugene Engineering Company Limited (EECL), its general manager and one maintenance manager, in connection with a lift incident that led to the death of a woman at Paris Court in Sheung Shui Town Centre in the New Territories in May. The EECL was the registered lift contractor responsible for maintenance works on the lift concerned.

     The in-depth investigation by the EMSD revealed that the EECL and related personnel failed to carry out their statutory duties under the Lifts and Escalators Ordinance (Cap 618) (the Ordinance) and the Lifts and Escalators (General) Regulation (Cap 618A) (the Regulation). After seeking legal advice from the Department of Justice, the EMSD has decided to bring prosecutions against them with the following charges:

Eugene Engineering Company Limited:

(i) contravention of sections 16(1)(a) and 16(2) of the Ordinance, i.e. failing to ensure that the lift works were carried out properly; and
 
(ii) contravention of sections 4(1) and 4(4) of the Regulation, i.e. failing to notify in the specified form the Director of Electrical and Mechanical Services of the subcontracting of the works not later than seven days before the first commencement day.

General Manager:

(i) contravention of sections 141(1), 16(1)(a) and 16(2) of the Ordinance, i.e. failing to ensure that the lift works were carried out properly, which was committed with the consent or connivance, or to be attributable to the neglect or omission on the part of General Manager of a registered lift contractor; and
 
(ii) contravention of section 141(1) of the Ordinance, and sections 4(1) and 4(4) of the Regulation, i.e. failing to notify in the specified form the Director of Electrical and Mechanical Services of the subcontracting of the works not later than seven days before the first commencement day, which was committed with the consent or connivance, or to be attributable to the neglect or omission on the part of General Manager of a registered lift contractor.

Maintenance Manager:
 
– contravention of sections 141(1), 16(1)(a) and 16(2) of the Ordinance, i.e. failing to ensure that the lift works were carried out properly, which was committed with the consent or connivance, or to be attributable to the neglect or omission on the part of Maintenance Manager of a registered lift contractor.

     Summonses have been served to the above defendants. The case will be heard in Fanling Magistrates’ Courts on December 10. read more

Company fined for illegal club operation

     A company was fined $1,500 at the Tuen Mun Magistrates’ Courts today (November 9) for contravening the Clubs (Safety of Premises) Ordinance.
      
     The courts heard that in March this year, officers from the Office of the Licensing Authority (OLA) of the Home Affairs Department conducted an inspection at a club in Wo Shang Wai in Yuen Long which had been operating with a certificate of compliance (CoC).
      
     An OLA officer posed as a customer and patronised the club for food and drinks without being asked to show her membership status or being invited to join the club as member. Condition 19 of the CoC was breached.
      
     The company, being the CoC holder of the club, was charged with contravening section 21(2) of the Ordinance.
      
     A spokesman for the department reminded all CoC holders to comply with the conditions as stipulated therein. Enforcement action would continue to be taken against illegal club operations. read more