31 December 2015.docVIP

31 December 2007 Ref : Chans advice/84 To: Transport Industry Operators False trade description goods A. On 27 September 2007, the Hong Kong Court of Appeal held a ship agent not guilty of importing goods to which a false trade description was applied. The case was about a shipment of water dispensers from Beijiao to Inchon with transshipment at Hong Kong in July 2005. On 10 July 2005, customs officials boarded the Hui Xin Hui 28 (a river trade vessel) at the Western Quarantine and Immigration Anchorage. That vessel had arrived in Hong Kong from Beijiao (near Shunde). On board, there were found two sealed containers each with 420 cartons of water dispensers. The cartons contained on their face the words Made in Korea and the water dispensers themselves also bore this statement on labels. When the containers were opened, the cartons stuffed in the front row all had blue adhesive tape covering the words Made in Korea. The cargo manifest for this shipment named as the consignee 香港美的家用電器有限公司 (Xianggang Meide Household Electrical Appliances Limited). This was said to be a non-existent company. The ship agent, however, did not have sight of this manifest and so was unaware that the consignee was this non-existent entity. The ship agent and a feeder company were charged with the section 12(1) offence of the Trade Descriptions Ordinance, Cap.362 (the TDO). That provision states: 12. Prohibited import and export of certain goods Subject to section 13, no person shall import or export any goods to which a false trade description or forged trade mark is applied. Any person who imports or exports any goods contrary to subsection (1) commits an offence unless he proves that – he did not know, had no reason to suspect and could not with reasonable diligence have found out that the goods are goods to which a false trade description or forged trade mark is applied; or the goods are not intended for trade or business. This section shall not apply to any goods in transit. The sec