Chapter:	362	Title:	Trade Descriptions Ordinance	Gazette Number:	E.R. 2 of 2012
Section:	2	Heading:	Interpretation	Version Date:	02/08/2012

(1) In this Ordinance, unless the context otherwise requires-
advertisement (宣傳品) includes a catalogue, a circular and a price list;
authorized officer (獲授權人員) means a public officer appointed under section 14;
Commissioner (關長) means the Commissioner of Customs and Excise and any Deputy or Assistant Commissioner of Customs and Excise; (Added L.N. 294 of 1982. Amended 65 of 2000 s. 3)
Convention country (公約國家) means a Paris Convention country or WTO member as defined in section 2(1) of the Trade Marks Ordinance (Cap 559); (Replaced 35 of 2000 s. 98)
false trade description (虛假商品說明) means-

(a) a trade description which is false to a material degree;
(b) a trade description which, though not false, is misleading, that is to say, likely to be taken for such an indication of any of the matters specified in the definition of trade description as would be false to a material degree;
(c) anything which, though not a trade description, is likely to be taken for an indication of any of the matters specified in the definition of trade description and, as such an indication, would be false to a material degree;
(d) a false indication, or anything likely to be taken as an indication which would be false, that any goods comply with a standard specified or recognized by any person or implied by the approval of any person if there is no such person or no standard so specified, recognized or implied; or
(e) a false indication, or anything likely to be taken as an indication which would be false, that any goods of any class or type-
(i) being goods in respect of which duty is payable under the laws of Hong Kong, are supplied free of the duty so payable in respect of that class or type of goods; or (Amended L.N. 272 of 1990)
(ii) not being goods in respect of which duty is payable under the laws of Hong Kong, are supplied free of the duty so payable; [cf. 1968 c. 29 s. 3 U.K.]

(a) are brought into Hong Kong on a vessel or aircraft for the sole purpose of taking them out of Hong Kong; and
(b) remain at all times while they are in Hong Kong on the vessel or aircraft; (Replaced 19 of 2008 s. 4)

(a) a forged trade mark is applied; or
(b) a trade mark or mark so nearly resembling a trade mark as to be calculated to deceive is falsely applied; (Added 35 of 2000 s. 98)

(a) quantity (which includes length, width, height, area, volume, capacity, weight and number), size or gauge;
(b) method of manufacture, production, processing or reconditioning;
(c) composition;
(d) fitness for purpose, strength, performance, behaviour or accuracy;
(e) any physical characteristics not included in the preceding paragraphs;
(f) testing by any person and results thereof,
(g) approval by any person or conformity with a type approved by any person;
(h) place or date of manufacture, production, processing or reconditioning;
(i) person by whom manufactured, produced, processed or reconditioned;
(j) other history, including previous ownership or use;
(k) availability in a particular place of-
(i) a service for the inspection, repair or maintenance of the goods; or
(ii) spare parts for the goods; (Added 19 of 2008 s. 4)
(l) warranty given in respect of the service or spare parts referred to in paragraph (k); (Added 19 of 2008 s. 4)
(m) the person by whom the service or spare parts referred to in paragraph (k) are provided; (Added 19 of 2008 s. 4)
(n) the scope of the service referred to in paragraph (k)(i); (Added 19 of 2008 s. 4)
(o) the period for which the service or spare parts referred to in paragraph (k) are available; (Added 19 of 2008 s. 4)
(p) the charge or cost at which the service or spare parts referred to in paragraph (k) are available; (Added 19 of 2008 s. 4)

(a) a trade mark relating to goods registered or deemed to be registered in Hong Kong under the Trade Marks Ordinance (Cap 559);
(b) a certification mark or collective mark relating to goods registered or deemed to be registered in Hong Kong under the Trade Marks Ordinance (Cap 559);
(c) a trade mark-
(i) registered in a Convention country; and
(ii) capable of registration in Hong Kong under the Trade Marks Ordinance (Cap 559) as a trade mark relating to goods;
(d) a trade mark-
(i) in respect of which an application for registration has been made in a Convention country; and
(ii) capable of registration in Hong Kong under the Trade Marks Ordinance (Cap 559) as a trade mark relating to goods; and
(iii) in respect of which a period of 6 months has not expired since the date of the application for the registration thereof in a Convention country. (Replaced 35 of 2000 s. 98)

(i) manufactured in the place in which they last underwent a treatment or process which changed permanently and substantially the shape, nature, form or utility of the basic materials used in their manufacture; or
(ii) produced in the place in which they were wholly grown or mined.
(b) The Commissioner may by order specify- (Amended L.N. 294 of 1982)
(i) in relation to any description of goods, what treatment or process is to be regarded for the purposes of this Ordinance as resulting or not resulting in a permanent and substantial change in shape, nature, form or utility of the basic materials used in their manufacture;
(ii) in relation to any description of goods different parts of which were manufactured or produced in different places, or of goods assembled in a place different from that in which their parts were manufactured or produced, in which of those places the goods are to be regarded for the purposes of this Ordinance as having been manufactured or produced. [cf. 1968 c. 29 s. 36 U.K.]
(c) This subsection shall not apply to goods which are the subject of a notice published under subsection (2A). (Added 96 of 1991 s. 2. Amended 9 of 2005 s. 2)