HONG KONG SAR, CHINA Law and Practice Contributed by: Gordon Chan
months. For food with a longer shelf-life, records must be kept for at least 24 months. The FEHD is given broad power, similar to that of the C&ED, to make food safety orders, to prohibit the importation or supply, to recall, to impound, and to destroy products. Once an order is made, failure to comply constitutes a criminal offence. Furthermore, the FEHD is empowered to obtain records and information for purposes connected to a food safety order. Failure to keep proper records, or to supply information, is also a criminal offence. 1.4 Obligations to Notify Regulatory Authorities In Hong Kong, for general consumer goods, there is no general statutory duty of self-reporting to the regu - lator. However, as the regime and the required stand - ard are backed by regulatory offences it is advisable for those at risk of criminal liability to take proactive measures once safety issues in products are known. Typical triggering events include reports from local or overseas agencies, as well as regular testing con - ducted by the manufacturers, importers and suppliers, or the authorities. If a product is discovered to be unsafe, the manufac - turers, importers and suppliers should act promptly to minimise the risk of criminal prosecution. • For general products, the relevant party may vol - untarily give notice to the C&ED and to the public. There are no time limits or formal requirements. Note that the C&ED may issue a warning, prohibi - tion, suspension, or recall notices. The failure to comply with notices constitutes an offence. • For electrical products, notifications should be made to the EMSD, which provides a guideline on voluntary recall, covering the initiation of recall, the arrangements, and the information that should be provided. • For voluntary recall of food products, the FEHD has an established workflow and guideline covering notice, recall, and follow-up actions. Notifications should be made using the “Food Recall Notifica -
tion Form” available on the website of the Centre for Food Safety . 1.5 Penalties for Breach of Product Safety Obligations Under the Consumer Goods Safety Ordinance (Cap 456), supplying, manufacturing or importing goods that fail the general safety requirement can lead to a level 6 fine (HKD100,000) and imprisonment for up to one year on a first conviction. On subsequent convic - tions, penalties rise to a fine of HKD500,000 and up to two years’ imprisonment. Where the offence is ongo - ing, there may be an additional fine of up to HKD1,000 per day for the period the offence continued. Similar penalties apply for failing to comply with safety control notices, such as requirements to issue warn - ings, stop supply, or carry out recalls. Note that where a body corporate has committed an offence under an ordinance, there may be personal criminal liability on the part of the director, manager, secretary or other similar officers. Prosecutions may be extended to these officers if the offence is commit - ted with their consent or connivance, or if the offence can be attributed to any neglect on the part of these persons. While convictions for regulatory offences are typi - cally not published, there are reports of prosecution for supplying a variety of unsafe products under the Consumer Goods Safety Ordinance, including face cream with unsafe ingredients, household chemicals lacking bilingual warnings, and laser pointers lacking safety features. 2. Product Liability 2.1 Product Liability Causes of Action and Sources of Law Hong Kong does not have a single, comprehensive statute dedicated to product liability. Instead, civil causes of action generally arise under the common law principles of contract and tort, supplemented by specific statutes addressing product safety and qual - ity.
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