Replies to initial written questions raised by Finance Committee Members in examining the Estimates of Expenditure 2012-13 Director of Bureau : Secretary for Commerce and Economic Development Session No. 12 File name : cedb(cit)- doc



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Examination of Estimates of Expenditure 2012-13


Reply Serial No.




CONTROLLING OFFICER’S REPLY TO
INITIAL WRITTEN QUESTION


CEDB(CIT)137







Question Serial No.







2198




Head :

31 Customs and Excise Department

Subhead (No. & title) :







Programme :

(3) Intellectual Property Rights and Consumer Protection




Controlling Officer :

Commissioner of Customs and Excise







Director of Bureau :

Secretary for Commerce and Economic Development








Question :
With regard to false trade descriptions and mis-statements in respect of selling of goods, will the authorities advise on:
(a) How many enforcement operations did the authorities carry out in 2011-12? What were the main target trades or shops? What was the number of prosecuted cases as a result of the operations?
(b) What are the implementation details of the policies and estimate of expenditure on this issue for 2012-13?
(c) How will the authorities tackle false trade descriptions and mis-statements on Internet trading platforms?
Asked by : Hon. PAN Pey-chyou
Reply :
(a) In 2011, Customs and Excise Department (C&ED) conducted a total of 4 064 inspections of retail shops under the Trade Descriptions Ordinance (the Ordinance), including shops selling jewels and gold ornaments (891 inspections), dried seafood and Chinese herbal medicines (689 inspections) and electronic goods (204 inspections), in order to ensure traders’ compliance. In the same year, C&ED completed 618 investigations involving false trade descriptions, among which 55 cases resulted in prosecutions and convictions, with fines imposed ranging from $600 to $82,000. Five defendants were bound over to be of good behaviour by entering into their own recognizance by the Court for 12 to 18 months.
(b) At present, the number of officers in C&ED responsible for tackling false trade descriptions and misrepresentation is 89 and the total salary provision concerned amounts to about $36.25 million. In order to strictly enforce the Ordinance, C&ED will continue to proactively petrol retail shops in the territory; deploys extra resources to petrol renowned shopping and tourist areas during the long holidays of the Mainland, and conduct undercover operations by posing as customers where appropriate. In order to facilitate the report of malpractices by tourists, the C&ED’s Quick Response Team, which is on call 24 hours, will be deployed to instantly deal with complaints. We will also strengthen training for front-line officers to enhance their enforcement skills and product knowledge, and enhance cooperation with the Police, Consumer Council, Travel Industry Council, Tourism Commission, Tourism Board, and various trade associations, including mounting large-scale joint operations with the Police and other departments.
(c) False trade descriptions and misrepresentations may occur in different sales channels, including Internet trading platforms. C&ED will monitor all types of illegal activities on the Internet using advanced tools for evidence collection and investigation, and initiate follow-up action and prosecution where appropriate.


Signature










Name in block letters

Clement Cheung







Post Title

Commissioner of Customs and Excise







Date

22.2.2012


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