CONSUMER COUNCIL ORDINANCE

CONSUMER COUNCIL ORDINANCE

LAWS OF HONG KONG

CONSUMER COUNCIL ORDINANCE

CHAPTER 216





CHAPTER 216

CONSUMER COUNCIL ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

PART I

PRELIMINARY

1..............Short title 1 ............... ... ... ... ... ... ... ... ... ... 2

2............Interpretation ................... 1. 1 . ... ... ... ... ... 2

PART II

INCORPORATION AND POWERS

3.....................Incorporation of Consumer Council ... ... ... ... ... ... ... ... ... 2

4..............Functions of Council ........... ... ... ... ... ... ... ... ... ... 2

5............Powers of Council ............... ... ... ... ... ... ... ... ... ... ... 3

6. Membership of Council........... ... ... ... ... ... ... ... ... ... ... 3
7. Meetings of Council ............ ... ... ... ... ... ... ... ... ... 4

8..........Committees ......................... ... ... ... ... ... ... ... ... ... 5

9...................Disclosure of member's interest ... ... ... ... ... ... ... ... ... ... 5
10..................Appointment of staff and advisers ... ... ... ... ... ... ... ... ... ... 5

11..............Documents of Council .......... ... ... ... ... ... ... ... ... ... ... 6

PART III

FINANCIAL

1 2.............Resources of Council .......... ... ... ... ... ... ... ... ... ... 6

13...........Borrowing powers ................. ... ... ... ... ... ... ... ... ... 6
14...........Investment of funds .............. ... ... ... ... ... ... ... ... ... 7

15.........Estimates ...................... ... ... ... ... ... ... ... ... 7

16. Accounts, audit and annual report ... ... ... ... ... ... ... ... ... ... 7

PART IV

GENERAL

17.......................Council not servant or agent of Crown ... ... ... ... ... ... 7

18..................Governor may give directions ... ... ... ... ... ... ... ... ... ... 8
19. Protection of members of Council and committees 8

20. Advertisements not to state or imply approval by Council ... ... ... ... ... 8
21. Transitional provisions 8

Schedule ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 9





CHAPTER 216

CONSUMER COUNCIL

To incorporate the Consumer Council, to define its functions and
powers, to negative personal liability? ?f members and employees
.for the Council's or its committees' acts or omissions, and for
connected purposes.

[15 July 1977.]

PART I

PRELIMINARY

1. This Ordinance may be cited as the Consumer Council
Ordinance.

2. In this Ordinance, unless the context otherwise requires-

'Council' means the Consumer Council incorporated by section 3(1);

'financial year' means each period of 12 months ending with 31 March;

'member' means a member of the Council.

PART II

INCORPORATION AND POWERS

3. (1) The Consumer Council existing at the commencement of this
Ordinance is hereby created a body corporate consisting of the persons
who from time to time hold office as members of the Council.

(2) The Council shall have perpetual succession and a common
seal and shall be capable of suing and being sued and of doing and
suffering all such other acts and things as bodies corporate may
lawfully do and suffer.

(3) The Council shall continue to be known in the Chinese
language as

4. (1) The functions of the Council are to protect and promote the
interests of consumers of goods and services by

(a)collecting, receiving and disseminating information
concerning goods and services;

(b)receiving and examining complaints by and giving advice to
consumers of goods and services;





(c)taking such action as it thinks justified by information in its
possession, including tendering advice to the Government
or to any public officer,

(d)encouraging business and professional associations to
establish codes of practice to regulate the activities of their
members;

(e)undertaking such other functions as the Council may adopt
with the prior approval of the Governor in Council.

(2) The Governor may by notice in writing to the Council
declare any goods or services or class of goods or services to be
outside the scope of the Council's functions under subsection (1).

(3) In subsection (1) and in section 5(2)(c) 'goods and services'
does not include goods and services which are-

(a) supplied by-
(i) the Government, the Urban Council or the Regional
Council; or (Amended, 39 of 1985, s. 60)
(ii) a body mentioned in the Schedule; or

(b) made the subject of a declaration under subsection (2).

(4) The Governor in Council may, by order published in the
Gazelle, amend the Schedule.

5. (1) The Council may do such things as are reasonably
necessary to enable it to carry out its functions.

(2) Without restricting the generality of subsection (1), the
Council may in carrying out its functions-

(a)acquire, hold and dispose of all kinds of property movable
and immovable and in any manner which it thinks fit;

(b) enter into any contract,'

(c)undertake the testing and examination of goods and
services;

(d)produce or distribute, by way of sale or otherwise, any
publication which is of interest to consumers;

(e)do any thing which it may do under this Ordinance in
association or co-operation with any other person or
sponsor any other person to do that thing;

charge for the use of any facility or service provided by the
Council;

(g)with the prior approval of the Governor, become a member
of or affiliate to any international body concerned with
consumer matters.

6. (1) The Council shall consist of the following members-

(a)a Chairman who shall be appointed by the Governor for a
term not exceeding 2 years;





(b)a Vice-Chairman who shall be appointed by the Governor for a
term not exceeding 2 years; and (Replaced, 28 OF 1985, s. 2)

(c)not less than 13 nor more than 15 other persons each of whom
shall be appointed by the Governor for a term not exceeding 2
years.

(2) The Chairman, Vice-Chairman and any other member appointed
under subsection (])(c) may be reappointed upon expiry of their
respective terms of office. (Amended, 28 of 1985 s. 2)

(3) The Chairman, Vice-Chairman and any other member appointed
under subsection (1)(c) may at any time- (Amended, 28 qf 1985, s. 2)

(a) resign his office by notice to the Governor; or

(b)be removed therefrom by the Governor for permanent
incapacity or other sufficient cause;

and upon such resignation or removal the term for which he was
appointed shall be deemed to have expired.

(4) Where the Chairman, Vice-Chairman or any other member
appointed under subsection (])(c) is precluded by temporary incapacity
or other cause from exercising his functions as such for any period the
Governor may appoint another person to act in place of the Chairman,
Vice-Chairman or other member during such period with all such rights,
powers, duties or liabilities as if he had been appointed under
subsection (1). (Amended, 28 of 1985, s. 2) (5) [Deleted, 28 of 1985 s. 2]

(6) Where any question arises under subsection (3) or (4) as to
whether any incapacity or cause exists or whether any incapacity is
temporary or permanent or any cause sufficient, the decision of the
Governor thereon shall be final.

7. (1) Meetings of the Council shall be held at such times and
places as the Council, the Chairman or in his absence, the ViceChairman
may from time to time appoint.

(2) The following procedural provisions shall apply to every
meeting of the Council and subject thereto the Council may regulate its
own procedure

(a) 8 members shall form a quorum;

(b)the Chairman or in his absence, the Vice-Chairman shall preside
or, if both are absent or disqualified under section 9(c), the
members present shall appoint one of their number to preside;




(c)every question shall be determined by a majority of votes of
the members present and voting thereon;

(d)in the event of an equality of votes the member presiding shall
have a casting vote in addition to his ordinary vote.

(Amended, 28 of 1985, s. 3)





8. (1) The Council may appoint committees and may dele-
gate to them the exercise and performance of any of its powers and
functions except this power of delegation.

(2) Persons who are not members of the Council are eligible
for appointment to committees.

(3) Subject to the terms of any delegation by the Council,
every committee-

(a)may exercise and perform the delegated powers and func-
tions with the same effect as if it were the Council itself,

(b)shall be presumed to be acting in accordance with the
terms of the delegation in the absence of proof to the
contrary;

(e) may regulate its own procedure.

9. If a member of the Council, or of any committee of the
Council, has a direct or indirect commercial interest in any matter
under discussion at a meeting of the Council or of the committee,
being an interest greater than that which he has as a member of the
general public, the following provisions shall apply-

(a) he shall disclose the nature of his interest at the meeting;

(b) the disclosure shall be recorded in the minutes;

(e)where the disclosure is made by the member presiding, he
shall vacate the chair during the discussion;

(d)the member (including one who has vacated the chair
under paragraph (c)) shall, if so required by the member
presiding, withdraw from the meeting during the discus-
sion and shall not in any case, except as otherwise deter-
mined by the member presiding, vote on any resolution
concerning the matter or be counted for the purpose of
establishing the existence of a quorum.

10. (1) Subject to subsection (4), the Council shall appoint a
person to hold the office of Chief Executive. (Amended, 28 of 1985,
s. 4)

(2) The Council may appoint such other employees as it thinks
fit and, subject to subsection (4), determine all matters relating to
their remuneration and terms and conditions of appointment or
employment.

(3) The Council may engage the services of technical and
professional advisers in such manner and on such terms and
conditions as it thinks fit.

(4) The Council shall obtain the prior approval of the
Governor to-

(a)any appointment proposed to be made under subsection
(1) and the terms and conditions thereof,





(b) the suspension or dismissal of the Chief Executive;

(c)the salary or salary scale (including allowances and other
pecuniary benefits) and conditions of employment applicable
to the Chief Executive and every other employee or class of
employee, and any variation thereof. (Amended, 28 of 1985, s.
4)

(5) No person shall be employed by the Council otherwise than on
the salary or salary scale or on the conditions of employment applicable
to that person approved by the Governor under subsection (4).

11. (1) The Council may make and execute all such documents as
may be expedient for or conducive to the exercise and performance of its
powers, functions and duties.

(2) The fixing of the seal of the Council to any document shall

(a) be authorized by resolution of the Council; and

(b)be authenticated by the signatures of any 2 members
authorized by resolution of the Council, either generally or
specially, to act for that purpose.

(3) Any document purporting to be duly executed under the seal of
the Council shall, unless the contrary is proved, be considered to be
duly executed.

(4) Any contract or instrument which if entered into or executed by
a person not being a body corporate would not be required to be in the
form of a deed may be entered into or executed on behalf of the Council
by any person generally or specially authorized by the Council for that
purpose.

PART III

FINANCIAL

12. (1) The Governor may, out of money appropriated for the
purpose by the Legislative Council, authorize payment to the Consumer
Council of such amounts as he thinks fit.

(2) The resources of the Council shall consist of-

(a)all money received by the Council pursuant to subsection (1);

(b)money paid to the Council by way of donations, fees.
subscriptions, rent and interest;

(c)all other money and property, including accumulations of
income, received by the Council for its purposes.

13. The Council may, with the approval of the Financial Secretary,
borrow or otherwise raise money and charge all or any part of its
property as security therefor.





14. All money of the Council that is not immediately required
shall be invested-

(a)on fixed deposit in any bank or savings bank approved by
the Financial Secretary, either generally or in any parti-
cular case, for the purpose; or

(b)in such other forms of investment as the Financial Secre-
tary may approve.

15. The Council shall in each financial year adopt estimates of
income and expenditure for the ensuing financial year and, before a
date to be appointed by the Financial Secretary, send them to the
Governor for his approval together with a programme of its proposed
activities for the ensuing financial year.

16. (1) The Council shall keep proper accounts and proper
records in relation thereto and shall within 3 months after the expiry
of a financial year, or such further period as the Financial Secretary
may allow, prepare a statement of the accounts of the Council,
which statement shall include an income and expenditure account
and a balance sheet.

(2) The Council shall, subject to subsection (3). appoint an
auditor, who shall be entitled to have access at any time to all books
of account, vouchers and other financial records of the Council and
to require such information and explanations relating thereto as he
thinks fit.

(3) The Council shall obtain the prior approval of the Fin-
ancial Secretary to any appointment proposed to be made under
subsection (2).

(4) The auditor shall, as soon as is practicable, audit the
accounts required by subsection (1) and shall submit a report thereon
to the Council.

(5) The Council shall within 3 months after the receipt by it of
the auditor's report in respect of its accounts for a financial year, or
within such further period as the Financial Secretary may allow,
furnish-

(a) a report on the affairs of the Council for that year;

(b) a copy of its accounts therefor; and

(c) the auditor's report on the accounts,

to the Governor who shall cause the same to be tabled in the
Legislative Council.

PART IV

GENERAL

17. The Council is not a servant or agent of the Crown and
does not enjoy any status, immunity or privilege of the Crown.





18. (1) The Governor may, if he considers that the public interest so
requires, give to the Council such directions as he thinks fit with respect
to the exercise and performance by the Council of its powers, functions
and duties under this Ordinance, either generally or in any particular
case.

(2) The Council shall comply with any direction given to it under
subsection (1).

19. (1) No member or employee of the Council or of any committee
of the Council shall be personally liable for any act done or default made

(a) by the Council; or

(b) by any committee of the Council;

acting in good faith in the course of the operations of the Council or of
the committee.

(2) The protection hereby conferred on members and employees of
the Council or of a committee in respect of any act or default shall not in
any way affect any liability of the Council for that act or default.

20. (1) No person shall publish or cause to be published any
advertisement which states, either expressly or by implication, that the
Council or any committee, member or employee thereof has approved or
has refrained from disapproving the advertisement or any of the claims
or statments made or goods or services depicted or described in the
advertisement.

(2) Any person who contravenes subsection (1) commits an
offence and is liable to a fine of $5,000.

(3) In subsection (1) 'advertisement' means any words, whether
written or spoken, or any picture drawing or figure

(a) appearing in any publication; or

(b)brought to the notice of members of the public in any other
way.

21. (1) All property of whatever kind and whether movable or
immovable vested in or belonging to the Consumer Council existing at
the commencement of this Ordinance shall as from that date vest in or
belong to that Council in its corporate capacity without any further
assurance.

(2) All obligations and liabilities of the said Consumer Council are
as from the commencement of this Ordinance the obligations and
liabilities of the Council in its corporate capacity.

(3) Where anything has been commenced by or under the authority
of the said Consumer Council before the commencement of this
Ordinance such thing may be carried on and completed by the Council
in its corporate capacity.





(4) Every person who immediately before the commencement of this
Ordinance holds an appointment as Chairman. Executive Director or a member
of the said Consumer Council is. as from such commencement but subject to the
terms of his appointment, the Chairman, Executive Director, or a member of the
Council, as the case may, be, for the purposes of this Ordinance.

(5) Notwithstanding the definition of -financial year- in seetion 2 the
period between the commencement of this Ordinance and 31 March 1978 shall
he deemed to be a financial year.

(6) No stamp duty shall be payable in respect of any transfer of property
under this section.

SCHEDULE [s. 4.]
Cable and Wireless Limited. Cheung Chau Electric
Company Limited. China Light and Power Company
Limited. China Motor Bus Company Limited. Commercial
Television Limited. Cross-Harbour Tunnel Company
Limited. Eastern Ferry Company Limited. Fish Marketing
Organization. Hong Kong and China Gas Company
Limited. Hong Kong and Yaumati Ferry Company
Limited. Hong Kong Air Cargo Terminals Limited. Hong
Kong Commercial Broadcasting Company Limited. Hong
Kong Electric Company Limited. Hong Kong Housing
Authority. Hong Kong Telephone Company Limited.
Hong Kong Tramways Limited. Hop Shing Kung Ferry
Company Limited. Kowloon Motor Bus Company (1933)
Limited. Mass Transit Railway Corporation. New Lantao
Bus Company Limited. Peak Tramways Company
Limited. Rediffusion Television Limited. Shun Lee Motor
Boat Company. ---Star'Ferry Company Limited.
Television Broadcasts Limited. Vegetable Marketing
Organization.
Originally 56 of 1977. 28 of 1985. 39 of 1985. L.N. 167/77. Short title. Interpretation. Incorporation of Consumer Council. Functions of Council. Schedule. Powers of Council. Membership of Council. Meeting of Council. Committees. Disclosure of member's interest. Appointment of staff and advisers. Documents of Council. Resources of Council. Borrowing powers. Investment of funds. Estimates. Accounts, audit and annual report. Council not servant or agent of Crown. Governor may give directions. Protection of members of Council and committees. Advertisements not to state or imply approval by Council. Transitional provisions.

Originally 56 of 1977. 28 of 1985. 39 of 1985. L.N. 167/77. Short title. Interpretation. Incorporation of Consumer Council. Functions of Council. Schedule. Powers of Council. Membership of Council. Meeting of Council. Committees. Disclosure of member's interest. Appointment of staff and advisers. Documents of Council. Resources of Council. Borrowing powers. Investment of funds. Estimates. Accounts, audit and annual report. Council not servant or agent of Crown. Governor may give directions. Protection of members of Council and committees. Advertisements not to state or imply approval by Council. Transitional provisions.

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