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HONG KONG, CHINA

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HONG KONG, CHINA Powered By Docstoc
					HONG KONG, CHINA

Surface Area: 1,098 km2 Population: 6,708,400

1.

LAWS OF METROLOGY

Weights and Measures Ordinance, Chapter 68, is the only legal metrology legislation in Hong Kong. It provides units and standards of measurement and weighing or measuring equipment used for trade, regulates transactions regarding goods supplied by weight or measure including pre-packed goods, and provides a legal basis for the enforcement actions. 1.1 Legal requirements for traceability The Weights and Measures Ordinance requires that the measurement of a physical quantity for legal purposes be made by means of derivation from the reference standards of weights and measures maintained by the Standards and Calibration Laboratory, Innovation and Technology Commission, the Government of the Hong Kong Special Administrative Region. 2. LEGAL UNITS OF MEASUREMENT

The Ordinance prescribes the International System of Units (SI) as the units of reference while permitting the use of British Imperial and Chinese units. The legal units of measurement are defined in Schedules to the Ordinance. 3. STRUCTURE OF METROLOGICAL CONTROL AUTHORITIES 3.1 National organization for legal metrology Hong Kong does not have an organization dealing with legal metrology, but in its official contacts with OIML, Hong Kong is represented by the Commissioner of Customs and Excise whose address is: Customs and Excise Department, Consumer Protection and Prosecution Bureau, 11/F, North Point Government Offices, 333 Java Road,

North Point, Hong Kong, China. Telephone No: Fax: 852-2231 4198 852- 2861 3080

Customs and Excise Department of the Government of the Hong Kong Special Administrative Region is the authority responsible for enforcing the Weights and Measures Ordinance. 3.2 Custodian of National Standards The Standards and Calibration Laboratory, Innovation and Technology Commission, the Government of the Hong Kong Special Administrative Region is the custodian of Hong Kong’s reference standards of measurement at the following address: Innovation and Technology Commission, Standards and Calibration Laboratory, 36/F, Immigration Tower, 7 Gloucester Road, Wanchai, Hong Kong, China. Telephone: Fax: Email: Website: 852-2829 4828 852-2824 1302 scl@itc.gov.hk http://www.info.gov.hk/itc/scl

3.3 National organizations responsible for maintaining primary standards Primary standards are held and maintained by the Standards and Calibration Laboratory, Innovation and Technology Commission, the Government of the Hong Kong Special Administrative Region (see clause 3.2). 3.4 Regional and local verification organizations The Consumer Protection and Prosecution Bureau, Customs and Excise Department, the Government of the Hong Kong Special Administrative Region, is the regulatory body in the field of weights and measures. Authorised officers from the Bureau inspect and verify instruments for use in trade. Government Laboratory of the Government of the Hong Kong Special Administrative Region provides technical support for the verification of weighing and measuring equipment used for trade.

3.5 Instrument calibration and evaluation systems The Weights and Measures Ordinance requires the traders to maintain the accuracy of weighing and measuring instruments. They may obtain verification and calibration service for the weighing and measuring equipment from the laboratories accredited under the Hong Kong Laboratory Accreditation Scheme (HOKLAS) administered by the Innovation and Technology Commission. HOKLAS represents Hong Kong on the International Laboratory Accreditation Cooperation and has mutual recognition agreements with a number of overseas laboratory accreditation organizations. 4. RANGE OF EQUIPMENT SUBJECT TO LEGAL METROLOGY

In general, nearly all weighing and measuring machines and instruments capable of indicating mass or weight, length, width, height, area, volume, capacity or number of goods in business in Hong Kong are subject to the control of the Weights and Measures Ordinance. 5. TYPE APPROVAL (i.e. PATTERN APPROVAL)

Hong Kong does not have type approval requirements. 6. VERIFICATION REVERIFICATION Hong Kong does not have requirements for verification, inspection and reverification in respect of legal metrology. 7. ACCREDITATION AND CERTIFICATION SYSTEMS 7.1 Accreditation systems for legal metrology, calibration and testing laboratories. Traceability to national, regional, international or foreign measurement standards Accreditation of calibration and testing laboratories is provided through the Hong Kong Laboratory Accreditation Scheme administered by the Innovation and Technology Commission of the Government of the Hong Kong Special Administrative Region. Traceability of measurements to primary standards is provided by the Standards and Calibration Laboratory of the Government of the Hong Kong Special Administrative Region (see Clauses 3.2 and 3.5). 7.2 Legal and applied metrological activities in products certification (CONFORMITY ASSESSMENT), INSPECTION AND

There is no legal requirement in Hong Kong for weighing or measuring equipment used for trade to be certified to internationally recognized standards. 7.3 Legal and applied metrological activities in ISO 9000 quality management systems There is no legal or applied metrological requirement in Hong Kong for ISO 9000 certification. 8. LEGAL METROLOGY PRACTITIONERS 8.1 Numbers One chemist and one technical officer are involved in the running of a Weights and Measures Laboratory at Government Laboratory. Eight authorized officers are engaged in field inspection and investigation duties. 8.2 Qualification/training The chemist is an analytical chemist with experience in legal metrology. The technical officer posted to the Weights and Measures Laboratory at the Government Laboratory receives on-the-job training in legal metrology. Authorized officers are public officers authorized by the Commissioner of Customs and Excise under the Weights and Measures Ordinance. 8.3 Training organizations and courses organized Induction courses are conducted by the Customs and Excise Department. Metrology courses are organized by the Government Laboratory. 8.4 Range of functions The induction course is conducted for authorized officers for discharging the official duties under the Weights and Measures Ordinance.

The metrology course is designed as part of the induction course. 9. PACKAGING 9.1 Legislative control for packaging The Weights and Measures Ordinance stipulates the requirements for pre-packed goods supplied by weight or measure. 9.2 Organisation responsible The enforcement authority is the Consumer Protection and Prosecution Bureau of Customs and Excise Department (see clause 3.1 for address). 10. SANCTIONS Under the Weights and Measures Ordinance: Section 9. Any person who falsifies, or willfully or maliciously damages or destroys, any reference standards commits an offence. The penalty is a fine of $25,000. 11. Any person who uses for trade unlawful units of measurement commits an offence. The penalty is a fine of $5,000. 12. If any fraud is committed in the using for trade of any weighing or measuring equipment, the person committing the fraud and any other person who is party thereto commits an offence. The penalty is a fine of $25,000 and 6 months’ imprisonment. 13(i) Any person who uses for trade or has in his possession for use for trade: (a) any weighing or measuring equipment which is constructed or

adapted to indicate any unit of measurement other than an authorized unit; (b) any weighing or measuring equipment which is false or defective, commits an offence. The penalty is a fine of $25,000. 14. Any person who manufactures or supplies for use for trade weighing or measuring equipment which is false or defective or does not comply with the Second Schedule or Third Schedule commits an offence. The penalty is a fine of $5,000. 16. Any person who supplies goods by weight or measure otherwise than by net weight or measure, or supplies pre-packed goods without the net weight or measure marked on the container or label commits an offence. The penalty is a fine of $5,000. 17. Any person who fails to weigh or measure goods sold in the prescribed manner commits an offence. The penalty is a fine of $5,000. 18. Any person who supplies goods in the course of trade makes any statement, whether orally or in writing or otherwise, which he knows to be false or misleading as to a material particular regarding the quantity of the goods supplied commits an offence. The penalty is a fine of $25,000. 19. Any person who in the course of trade supplies, or causes to be supplied, to another person any goods by weight, measure or number, short of the quantity purporting to be supplied or less than that which corresponds to the price charged for those goods

commits an offence. The penalty is a fine of $10,000. 21. Any person who gives a false warranty as to quantity of goods sold commits an offence. The penalty is a fine of $25,000. 23(i) Any person who publishes in any advertisement unauthorized unit of measurement commits an offence. The penalty is a fine of $5,000.


				
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