Hong Kong Customs successfully prosecutes three retailers for supplying goods short by weight in course of business
The sole director of a roasted food shop and his limited company, a seafood shop proprietor and a vegetable shop salesperson were convicted with a criminal record and fined between $1,800 and $4,000 by the West Kowloon Magistrates' Courts and the Eastern Magistrates' Courts respectively today (July 24) for supplying goods short by weight in the course of business, in contravention of the Weights and Measures Ordinance (WMO). Furthermore, the sole director of the roasted food shop and his limited company were also convicted of engaging in a commercial practice that was a misleading omission, contrary to the Trade Descriptions Ordinance (TDO).
Customs earlier received public complaints alleging that the retailers involved were suspected of short-weighing. Subsequently, Customs officers posed as customers and conducted test-purchase operations at the alleged shops. It was discovered that the actual weights of the goods sold were less than the declared weights. Upon re-examination by the Government Laboratory, it was found that the actual weight of the goods involved was less than the declared weight with discrepancies ranging from 7 per cent to 48 per cent. Apart from contravening the WMO, the sole director of the roasted food shop also misled customers about the unit of measurement in the course of business, violating the TDO.
Hong Kong Customs welcomes the courts' rulings and believes that they have provided clear and explicit warnings to unscrupulous traders in the industry.
Customs reminds members of the public to purchase products from reputable shops, and when purchasing goods supplied by weight, to pay attention to the weighting process and the actual weight of the goods. Customs also reminds traders to comply with the requirements of the WMO and the TDO.
Under the WMO, any person supplying goods by weight or measure must supply the net weight or net measure, and if the actual weight or measure of the goods is less than the declared quantity, it constitutes an offence. The maximum penalty upon conviction is a fine of $10,000. In addition, any person who uses for trade, or has in his possession for use for trade, any weighing or measuring equipment which is false or defective commits an offence. The maximum penalty upon conviction is a fine of $25,000.
Under the TDO, any trader who engages in a commercial practice that omits or hides material information or provides material information in a manner that is unclear, unintelligible, ambiguous or untimely, and as a result causes, or is likely to cause, an average consumer to make a transactional decision, commits an offence of misleading omissions. The maximum penalty upon conviction is a fine of $500,000 and imprisonment for five years.
Customs reminds traders that the above offences will lead to a criminal record upon conviction. Customs will continue to take stringent enforcement action against unscrupulous traders in order to safeguard consumers' interests and uphold a fair trading environment.
Members of the public may report any suspected violations of the Ordinances by calling the Customs 24-hour hotline at 182 8080, or via the dedicated crime-reporting email account(crimereport@customs.gov.hk) or online form (eform.cefs.gov.hk/form/ced002).
Hong Kong Customs, Photo source: reference image
