(1) A person must not manufacture, import or supply a toy or children's product unless the toy or children's product complies with the general safety requirement and any additional safety standard established by regulation. (Replaced 5 of 2010 s. 8)
(2) For the purposes of this section, "general safety requirement" (一般安全規定) means a duty to ensure that a toy or children's product is reasonably safe having regard to all the circumstances, including-
(a) the manner in which, and the purposes for which, the toy or children's product is being or would be marketed, the use of any mark in relation to it and any instructions or warnings which are given or would be given with respect to the keeping, use or consumption of it; and
(b) the existence of any means by which it would have been reasonable, taking into account the cost, likelihood and extent of any improvement, for it to have been made safer.
(3) For the purposes of this section, a toy is regarded as complying with the general safety requirement if—
(a) only one toy standard contains any requirements that apply to the toy, and the toy complies with all the applicable requirements contained in that standard; or
(b) more than one toy standard contains any requirements that apply to the toy, and the toy complies with all the applicable requirements contained in any one of those standards. (Replaced 5 of 2010 s. 8)
(4) For the purposes of this section, a children's product is regarded as complying with the general safety requirement if the product complies with all the requirements contained in at least one children's product standard that is specific to the product. (Replaced 5 of 2010 s. 8)
(5) Subsection (1) does not apply to goods in transit, goods in the course of transhipment or goods manufactured for export.
(6) A person who contravenes subsection (1) commits an offence.
(7) In any proceedings against any person for an offence under this section in respect of any toys or children's products it shall be a defence for that person to show-
(a) that he reasonably believed that they would not be used or consumed in Hong Kong;
(i) he supplied them in the course of carrying on a retail business; and
(ii) at the time he supplied them, he neither knew nor had reasonable grounds for believing that they failed to comply with the general safety requirement; or
(c) that the terms on which he sold them indicated that they were not being sold as new goods.