Page:Trade Descriptions Ordinance 1980 (Cap. 362).pdf/6

Rh (3) Notwithstanding the definition of “false trade description” in section 2—
 * (a) a trade description which indicates that any article (other than an article of pure gold) is of gold shall be a false trade description unless the article consists solely of gold alloy and―
 * (i) contains not less than 8 carats of gold; or
 * (ii) bears a mark clearly indicating in carats, by number or by number and the letters “k”, “c” or “ct”, the fineness of the gold content; or
 * (iii) bears a mark clearly indicating in parts per thousand the fineness of the gold content; and
 * (b) a mark calculated to be taken as an indication of the fineness of gold of an article―
 * (i) which is plated with or enclosed in gold alloy or gilded; or
 * (ii) to which gold alloy is soldered or otherwise affixed,

shall be a false trade description unless it is manifest from the appearance of the article that the mark refers solely to the part of the article which consists of gold alloy.

(4) Any number of 1 or 2 digits on an article which indicates or purports to indicate, or is likely to be taken as an indication of, the fineness in carats of its gold content shall be a false trade description unless the article contains at least the same proportion of pure gold as the number bears to 24.

(5) Any number of 3 digits on an article which indicates or purports to indicate, or is likely to be taken as an indication of, the fineness in number of parts per thousand of its gold content shall be a false trade description unless the article contains gold of such a standard of fineness.

(6) For the purposes of this section “fineness” means the proportion of pure gold in accordance with subsection (4) or the number of parts by weight of gold in accordance with subsection (5) as the case may require.

4. (1) The Governor in Council may by order require that any goods specified in the order shall be marked with or accompanied by any information (whether or not amounting to or including a trade description) or instruction relating to the goods and, subject to the provisions of this Ordinance, impose requirements for securing that the goods are marked or accompanied, and regulate or prohibit the supply of goods with respect to which the requirements are not complied with; and the requirements may extend to the form and manner in which the information or instruction is to be given.

(2) Where an order under this section is in force with respect to goods of any description, any person who, in the course of any trade or business, supplies or offers to supply goods of that description in contravention of the order commits an offence.

(3) An order under this section may make different provision for different circumstances and may, in the case of goods supplied in circumstances where the information or instruction required by the order would not be conveyed until after delivery, require the whole or part thereof to be also displayed near the goods.