Hong Kong (China)

• Chapter: 362M TRADE DESCRIPTIONS (PROVISION OF INFORMATION ON NATURAL FEI CUI) ORDER
  • Section: 1 (Omitted as spent)
  • Section: 2 Interpretation
  • Section: 3 Supply to be accompanied by written particulars
  • Section: 4 Supplier shall retain invoice or receipt for 3 years
  • Section: 5 Notice to be displayed
  • Section: 6 Position of auctioneer
  • Schedule: SCHEDULE

(1) In this Order— (L.N. 167 of 2008) “article of natural fei cui” (天然翡翠製品 ) means any article—

(a) which is composed solely or principally of natural fei cui; or

(b) which is inlaid with natural fei cui;

“natural fei cui” (天然翡翠) means fei cui within the meaning of section 2 of the Trade Descriptions (Definition of Fei Cui and Natural Fei Cui) Regulation (Cap 362 sub. leg. K) which falls within the definition of “natural” or “天然” in section 3 of that Regulation when used to describe fei cui. (L.N. 167 of 2008)

(2) An article on which an object is mounted is regarded for the purposes of this Order as an article inlaid with that object. (L.N. 167 of 2008)

(1) Any person who supplies any article of natural fei cui to another person (“the buyer”) in the course of trade or business at retail level shall, at the time of supply, issue an invoice or receipt to the buyer.

(2) An invoice or receipt issued under subsection (1) shall contain—

(a) the full name and address of the supplier;

(b) he price at which the article is supplied;

(c) the date of supply; and

(d) a description of the article which shall describe the article— (L.N. 167 of 2008)

(i) where the article is inlaid with both natural fei cui and other jade, as “natural fei cui plus other jade” or “天然翡翠和其他玉石”; or (L.N. 167 of 2008)

(ii) where the article is— (L.N. 167 of 2008)

(A) composed solely or principally of natural fei cui; or

(B) inlaid with natural fei cui but with no other jade, as “natural fei cui” or “天然翡翠”. (L.N. 167 of 2008)

(1) A supplier shall retain a copy of an invoice or receipt issued by him under section 3 for a period of not less than 3 years after the date of issue.

(2) Any person who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 2 and imprisonment for 1 month.

(1) No person shall supply or offer to supply any article of natural fei cui in the course of trade or business at

Cap 362M - TRADE DESCRIPTIONS (PROVISION OF INFORMATION ON NATURAL FEI CUI) ORDER

retail level unless a notice in the form specified in the Schedule is displayed prominently to all customers at the point of supply or offer.

(2) A notice displayed under subsection (1) shall not be less than 210 mm × 297 mm in size.

(3) The letters and characters appearing on a notice displayed under subsection (1) shall not be less than 5 mm in height.

(1) For the purposes of this Order, where an article of natural fei cui is sold by auction—

(a) the auctioneer shall be regarded as the supplier of the article; and

(b) it shall, in the absence of evidence to the contrary, be presumed to be supplied in the course of trade or business at retail level.

(2) For the purposes of this Order, where an article of natural fei cui is offered for sale by auction, it shall—

(a) be regarded as being offered for supply by the auctioneer; and

(b) in the absence of evidence to the contrary, be presumed to be offered for supply in the course of trade or business at retail level.

[section 5]

NOTICE TO BE DISPLAYED UNDER SECTION 5(1) OF THIS ORDER

NOTICE 告示

TRADE DESCRIPTIONS 《商品說明(提供關於天然翡翠 (PROVISION OF INFORMATION

_{ON NATURAL FEI CUI) ORDER} 的資料)令》

(第362章，附屬法例M) (Chapter 362 subsidiary legislation M)

Under the laws of Hong Kong— 根據香港法例—

^{(a) only jade that falls within the} (a) 只有符合《商品說明(翡definition in the Trade

_{Descriptions (Definition of Fei} 翠及天然翡翠的定義)規 _{Cui and Natural Fei Cui)} 例》(第362章，附屬法例 Regulation (Cap 362 sub. leg. K)中的定義的玉石，方可

K) can be described as “fei 被稱為“翡翠”； ^{cui”; (L.N. 167 of 2008)} (2008年第167號法律公

^{(b) fei cui may be described as} 告)^{“natural” only if it has not} (b) 翡翠必須沒有經過任何^{been subjected to any treatment} 改變其晶體結構或原色

or process which altered its crystalline structure or original 的處理或工序，方可被 colour. 稱為“天然”。 (2008年 _{A detailed invoice or receipt} 第167號法律公告)

shall be issued by the supplier in

_{respect of every article of natural fei} 供應人須就所供應的每

Cap 362M - TRADE DESCRIPTIONS (PROVISION OF INFORMATION ON NATURAL FEI CUI) ORDER

cui supplied. 件天然翡翠製品發出詳細的發票或收據。

Cap 362M - TRADE DESCRIPTIONS (PROVISION OF INFORMATION ON NATURAL FEI CUI) ORDER