Consumers Gain Better Protection From Bad Retailers In Hong Kong

March 2, 2009 | Print | Email Email | Comments | Category: Consumer


    A new law becomes effective today in Hong Kong that can help stop dishonest retail practices and better protect the interests of consumers.

    Marcus Lau, the head of Trade Descriptions and Transhipment Controls Bureau of the Customs and Excise Department, stated last week that the Trade Descriptions Ordinance (Amendment) 2008 and its eight pieces of related subsidiary legislation will also help visitors to Hong Kong.

    Four types of unscrupulous practices are prohibited in the law. First, making false representations regarding after-sale services and warranties for goods is prohibited. Next, retailers are prohibited from giving misleading, unclear or incomplete information as to the price of the goods set by reference to a unit of quantity. Third, giving misleading price indication for electronic products is illegal. Finally, making false or misleading representation regarding a retailer's connection with or endorsement by individuals or bodies of good standing and reputation is now outlawed.

    Retail shops selling five types of regulated electronic products — digital audio players such as MP3 players, digital camcorders, digital cameras, mobile phones and portable multimedia players — have to issue to the buyers invoices or receipts containing the prescribed product information, including details of after-sale services.

    To encourage reporting of dishonest retailing activities, the department will work closely with Hong Kong's Consumer Council and the Travel Industry Council. Under the Trade Descriptions Ordinance, retailers employing a deceptive trade practice in the course of business are subject to the maximum penalty of a fine of HKD500,000 and imprisonment for five years.

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    One Response to “Consumers Gain Better Protection From Bad Retailers In Hong Kong”

    1. By James/TomMarch 20th, 2009 at 11:17 am

      Dear Hong Kong Consumer Agency:
      Please forward this to: Marcus Lau, the head of Trade Descriptions and Transhipment Controls Bureau of the Customs and Excise Department

      1. Below are two website addresses for the Summit Training School in Kwun Tong. .

      I contacted them on Friday, March 20, 2009 at @9:30am concerning their advertised 3D Max Animation (Autodesk) class. A representative of their company (Amy) was asked about their course. She stated that there would be no classes in April and May. Furthermore, there was a minimum of 4-5 students required before the class could be taught, despite the fact that such a minimum was not advertised. In other words, the Summit company was waiting for
      customers to call in. However, the offer at their site merely says to pay
      $2,000 HKD and one could take the course. I felt this was misleading because when I called I was informed that they had the 'hidden' condition of waiting until they had a minimum number of students. Secondly, I was told that they only were teaching in Cantonese
      and not English despite the fact that they advertised in English.

      Publicly soliciting in a foreign nation's language and then when representatives of that foreign nation calls in to inquire about the offered service they are told
      that the foreign language is not available is not only rude and unprofessional
      but also disconcerting in that Hong Kong often advertises to the world that it
      is an 'international city' when in reality proves not to be.

      In essence, what the misleading tourist quotation really means is that it wants international
      tourists to travel to Hong Kong and bring their money, but then deceive and mislead them effectively denying them the full benefit of the bargain promised in the
      tourist advertisements.

      It is my contention that Hong Kong companies that advertise on the Internet, like Summit
      should be strictly monitored on a daily basis to make sure that they are not misleading citizens of international nations, as well as residents of Hong Kong. Imagine, travelling abroad to an English-speaking country, attempting to contact a business in the
      yellow pages advertising in Chinese and when you call they tell you sorry they only teach in English.

      In addition this exposes a collateral issue. Why is it that Summit would not have English-speaking Chinese, especially after 156-years as a British colony. This does not bode well for Hong Kong's English educational program. It is an ignominious reality that Hong Kong's tourist agencies advertise that Hong Kong is a territory that speaks English and yet when tourists arrive, suddenly a Chinese merchant and his or her staff have a blank
      look on their faces when confronted by a foreign consumer 'with money in hand'
      requesting an offered service.

      Hong Kong is already losing its economic clout to Shenzhen, and I fear that
      it is only a matter of a short while when the latter's English-speaking community does the same, without ever having been exposed to 156 years of English. Please do something to stop companies like Summit from planting in international tourists the terrible
      notion that Hong Kong is a bridge to nowhere.

      Lastly, please do something to apply stricter scrutiny to all of your
      animation companies. So often they advertise only the basics of 3D Computer
      animation courses, but after the basics they fail to thoroughly teach the 'animation' phase of the course, which is the heart of 3d animation. Quite often, these bogus companies ask for large sums of money advertising their ability to teach 3D Animation (i.e.
      3D Max, MAYA, and Carrara Pro), but in the end the students are only taught
      how to use the tools, but not how to effectuate the most important part–
      animation, and making animation movies.

      If you vet your animation schools, as a consumer, you will soon discover that
      the teachers are poorly skilled and can only get the student from A to L, but
      never the Z of animation; like an English teaching instructing students on
      the alphabet and basic grammar, but not how to write sentences and stories.

      It is my contention that the animation training schools in Hong Kong will offer the next generation of fraud cases for your consumer protection agencies. If these courses were very cheap then the entire matter would not be so disappointing, but as I have said, animation schools are asking for $1,000-$3,000 (USD) dollars for 2-4 months of training, but still have poorly skilled teachers.

      To make matters worse, a few weeks ago, I contacted CUHK and they told (specifically its Director Andy Wong) me that they do not teach American tourists who have 2-3 month visas for something as simple as
      adult education courses. (see attachment of email conversation below)

      During these troubling economies around the around, especially in Hong Kong, one would think that a tourist could take a 10-week seminar in 3d animation without any problems or necessity to formally apply to a university day program. , especially if the seminar is a non-matriculation course. I would think that if American tourists are visiting and spending money for their stay in Hong Kong, regardless of whether it is for food, clothing, shelter, or a simple night seminar in 3D animation, it would be economically good for Hong Kong.

      I am an American attorney at law and quite familiar with the objectives of making money, but I am somewhat confused by Hong Kong advertising that it wants more tourists, but seems to have gone to great lengths to 'in spirit and behavior' turn international
      tourists off and away with misleading advertisements and anachronistic university policies that do not work in the best interests of Hong Kong.

      I hope that you can do something to improve international visitors waning positive attitude about Hong Kong. Thank you.

      Sincerely,

      James

      http://www.summit.hk/UserFiles/File/3D%20Studio%20Max%20Training%20Leaflet_Summit.pdf

      http://www.summit.hk/index.php?option=com_content&task=view&id=47&Itemid=58

      attachment Andy Wong email: Dear James, Thanks for your comments. I can understand your rationale, but the enrolment policy of our School was setup by our senior management and should complying with CUHK regulations as well as HKSAR immigration law (which is different from PRC laws) – you may want to take a look at the following pages or may contact the immigration office directly to check:
      http://www.immd.gov.hk/ehtml/hkvisas.htm http://www.immd.gov.hk/ehtml/tra.htm Anyway, hopefully Joshua can help! Cheers, Andy
      —– Original Message —– From: tom jones To: andy-wong@cuhk.edu.hk Sent: Wednesday, March 04, 2009 6:12 PMSubject: I understand but…J 3d max program
      Dear Program Director Andy Wong: 1. Thanks for your prompt reply. I understand your policy, but I think that exceptions can be made given the fact that these are adult education night program courses (and not day full-time or part-time classes) that finish in approximately 2.5 months and American passports automatically receive 60-90 days upon arriving in Hong Kong. Secondly, I live in Mainland China, which regardless of your SAR status, is still a part of China. Hong Kong and CUHK have to face the reality that during hard economic times it always has to consider the economic benefit of Mainland Chinese, as well as foreigners in China entering Hong Kong and boosting your local economy and college income. For all intents and purposes, your 10-class 3d animation sessions equate to a short seminar, not part of a 2 or 4-year academic program which would warrant a formal application process (including a student visa). As an attorney, I have assessed your reply about policy there is no rational reason for refusing foreigners (based in mainland China) entry to your once-a-week night class services, but concomitantly allowing them to enter Hong Kong to spend money and buy Hong Kong products. I can understand that your policy applies to Mainland Chinese who often cross the border to remain in Hong Kong indefinitely, but certainly an American passport does not fall into that category. Certainly, Hong Kong scholars and professionals fly to America and the UK quite often for similar seminars and do not meet the qualifications for 'formal university student' and are not required to pursue the tedious challenges of obtaining residence permits. In the spirit of international reciprocity, I would hope that the president, chairman, or director of your university/adult education program would act favorably towards my exceptional case of attending your (non-credit) 10-week seminar. Your colleagues are merely mimicking the policy based on precedent, but that does not make their assessment rational or logical. Perhaps the General Counsel (law department) for your university should review the policy and adjust it to allow foreign adults from America and the UK to attend seminars while visiting, especially those with automatic 60-90 visa permission. A short adult education evening seminar for no credits and without matriculation should be an exception to 2 and 4-year matriculation programs and should not require a HK ID or a formal student ID. Please contact officials higher than your colleagues. Thank you. 2. Meanwhile, thanks for your recommendation. I will contact Joshua later. Take care. Sincerely, James

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