Trade Descriptions (Provision of Information on Natural Fei Cui) Order
(Enacting provision omitted—E.R. 6 of 2019)
[2 March 2009] L.N. 267 of 2008
(Format changes—E.R. 6 of 2019)
(Omitted as spent—E.R. 6 of 2019)
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)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)
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.
An invoice or receipt issued under subsection (1) shall contain—
the full name and address of the supplier;
the price at which the article is supplied;
the date of supply; and
a description of the article which shall describe the article— (L.N. 167 of 2008)
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
where the article is—
composed solely or principally of natural fei cui; or
inlaid with natural fei cui but with no other jade,
as “natural fei cui” or “天然翡翠”. (L.N. 167 of 2008)
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.
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.
No person shall supply or offer to supply any article of natural fei cui in the course of trade or business at 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.
A notice displayed under subsection (1) shall not be less than 210 mm × 297 mm in size.
The letters and characters appearing on a notice displayed under subsection (1) shall not be less than 5 mm in height.
For the purposes of this Order, where an article of natural fei cui is sold by auction—
the auctioneer shall be regarded as the supplier of the article; and
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.
For the purposes of this Order, where an article of natural fei cui is offered for sale by auction, it shall—
be regarded as being offered for supply by the auctioneer; and
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.
| NOTICE TRADE DESCRIPTIONS (PROVISION OF INFORMATION ON NATURAL FEI CUI) ORDER (Chapter 362 subsidiary legislation M) | 告示 《商品說明(提供關於天然翡翠的資料)令》 (第362章，附屬法例M) | |
| Under the laws of Hong Kong— (a)only jade that falls within the definition in the Trade Descriptions (Definition of Fei Cui and Natural Fei Cui) Regulation (Cap. 362 sub. leg. K) can be described as “fei cui”; (b)fei cui may be described as “natural” only if it has not been subjected to any treatment or process which altered its crystalline structure or original colour. | 根據香港法例—— (a)只有符合《商品說明(翡翠及天然翡翠的定義)規例》(第362章，附屬法例K)中的定義的玉石，方可被稱為“翡翠”； (b)翡翠必須沒有經過任何改變其晶體結構或原色的處理或工序，方可被稱為“天然”。 | |
| A detailed invoice or receipt shall be issued by the supplier in respect of every article of natural fei cui supplied. | 供應人須就所供應的每件天然翡翠製品發出詳細的發票或收據。 |