Friday 28 September 2012

Hong Kong Updates- Trade Descriptions Ordinance

Amendments have been passed to the Trade Descriptions Ordinance.These amendments will be effective in 2013 and include:
i. Expanded definition of a trade description, to include such items as availability of what is being offered.

ii. Bringing services into the scope of the legislation.

iii. Including “misleading omissions” as an as well as outright dishonest practices, such as bait-and-switch, or so-called “bait advertising”, or even merely overly aggressive practices.

iv. In our own industry, we believe such practices would include quoting a low headline fee for provision of a Hong Kong company secretary, without mentioning additional fees for other annual duties of a company secretary, such as preparation and filing of the Annual Return, preparation of the AGM, and forwarding of official correspondence, e.g. from the IRD.
Primasia Corporate Services Ltd. is pleased to confirm that our charges for company secretarial and other services have always been fully compliant with the proposed law, and are completely transparent.

v. Factors to be considered in determining whether there is any offence include any exploitation of the
consumer's circumstance, such as (in our view) unfamiliarity with Hong Kong, as is usually the case when a potential investor is considering setting up in Hong Kong.

vi. The offences will be applicable to a trading practice targeting consumers outside Hong Kong if the trader is physically in Hong Kong or has Hong Kong as its usual place of business.

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Primasia will post the updates of Hong Kong and China from time to time. Follow us on our WebsiteBloggerLinkedIn and stay tunned for our updates!
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Need more information?
Please contact:
John Barclay -Email
Teresa Tam - Email 
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Primasia Corporate Services Limited
Tel: +852 2882 2088
Suite 1106-08, 11/F., Tai Yau Building, No. 181 Johnston Road, Wanchai, Hong Kong