【法规名称】
【法规编号】 42077 什么是编号？
【正 文】
CAP 216 CONSUMER COUNCIL ORDINANCE
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To incorporate the Consumer Council, to define its functions and powers, to negative personal liability of members and employees for the Council's or its committees' acts or omissions, and for connected purposes. [15 July 1977] L.N. 167 of 1977 (Originally 56 of 1977) Cap 216 s 1 Short title PART I PRELIMINARY This Ordinance may be cited as the Consumer Council Ordinance. Cap 216 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "Council" (委员会) means the Consumer Council incorporated by section 3(1); "financial year" (财政年度) means each period of 12 months ending with 31 March; "member" (委员) means a member of the Council. Cap 216 s 3 Incorporation of Consumer Council PART II INCORPORATION AND POWERS (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 "消费者委员会". Cap 216 s 4 Functions of Council Remarks: Adaptation amendments retroactively made - see 66 of 2000 s. 3 (1) The functions of the Council are to protect and promote the interests of consumers of goods and services and purchasers, mortgagors and lessees of immovable property by- (a) collecting, receiving and disseminating information concerning goods, services and immovable property; (b) receiving and examining complaints by and giving advice to consumers of goods and services and purchasers, mortgagors and lessees of immovable property; (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 Chief Executive in Council. (Amended 66 of 2000 s. 3)(2) The Chief Executive may by notice in writing to the Council declare any goods, services or immovable property or class of goods, services or immovable property to be outside the scope of the Council's functions under subsection (1). (Amended 66 of 2000 s. 3) (3) In subsection (1) and in section 5(2)(c) "goods and services" (货品及服务) does not include goods and services which are- (a) supplied by- (i) the Government; or (Amended 39 of 1985 s. 60; 78 of 1999 s. 7) (ii) (Repealed 65 of 1994 s. 2)(b) made the subject of a declaration under subsection (2).(4) (Repealed 65 of 1994 s. 2) (Amended 5 of 1992 s. 2) Cap 216 s 5 Powers of Council Remarks: Adaptation amendments retroactively made - see 66 of 2000 s. 3 (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 and inspection of immovable property; (Amended 5 of 1992 s. 3) (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; (f) charge for the use of any facility or service provided by the Council; (g) with the prior approval of the Chief Executive, become a member of or affiliate to any international body concerned with consumer matters. (Amended 66 of 2000 s. 3) Cap 216 s 6 Membership of Council Remarks: Adaptation amendments retroactively made - see 66 of 2000 s. 3 (1) The Council shall consist of the following members- (a) a Chairman who shall be appointed by the Chief Executive for a term not exceeding 2 years; (b) a Vice-Chairman who shall be appointed by the Chief Executive for a term not exceeding 2 years; and (Replaced 28 of 1985 s. 2) (c) not more than 20 other persons each of whom shall be appointed by the Chief Executive for a term not exceeding 2 years. (Replaced 28 of 1989 s. 2)(2) The Chairman, Vice-Chairman and any other member appointed under subsection (1)(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 of 1985 s. 2) (a) resign his office by notice to the Chief Executive; or (b) be removed therefrom by the Chief Executive 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. |
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