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Rules & Regulations

Terms of Application and Exhibition Rules & Regulations

 

Definition

1. In these Conditions, save as the context otherwise requires:

 

"AP/RSE" means a registered architect, a registered structural engineer, or a registered professional surveyor, being an authorized person in the context of the Buildings Ordinance (Chapter 123).
"Application Form" means the form whether electronic submitted via the Exhibitor Online Platform or submitted in hard copy by which the Exhibitor applies to exhibit at the Exhibition.
"Booth Service Fee" means the amount payable by the Exhibitor for the right to participate in the Exhibition and for the use of a Shell Booth or for the right to Custom-Built Participation during the Exhibition.
"Conditions" means these Terms of Application and Exhibition Rules and Regulations as amended from time to time by the Organiser.
"Custom-Built Participation" means the right to construct a custom built Exhibition Stand in the Exhibition Venue for the Exhibition.
"Exhibition" means the exhibition to be organised by the Organiser as specified in the Application Form.
"Exhibition Stand" means a stand including a custom-built stand referred to in clauses 11 to 17 and 20 to 23 of the Conditions.
"Exhibition Venue" means the Hong Kong Convention and Exhibition Centre situated at 1 Expo Drive, Wan Chai, Hong Kong or such other venue designated by the Organiser and notified to the Exhibitor in writing prior to the commencement of the Exhibition.
"Exhibitor" means a sole proprietor, a partnership or a limited company applying to exhibit at the Exhibition or, as the case may be, whose application to exhibit at the Exhibition has been accepted by the Organiser. For the purpose of doubt, "Exhibitor" shall include all employees' representatives and agents of such sole proprietor, partnership or limited company.
"Exhibitor Online Platform" means the online services (if any) provided by the Organiser (as defined below) at www.hktdc.com/hktradefairs, for the Exhibitor to submit its Application Form and, if applicable, manage its participation in the Exhibition, subject always to availability, the consent of the Organiser, and to these Conditions.
"Organiser" means the Hong Kong Trade Development Council, which as promoter and organiser, is responsible for the regulation and control of all aspects of the Exhibition.
"Publicity Material" means the promotional gifts, catalogues, pamphlets and all and any advertising and publicity material whatsoever which an Exhibitor wishes to display, distribute or use at the Exhibition.
"Shell Booth" means a stand referred to in clauses 18 and 19 of the Conditions.
"Stand" means Exhibition Stand and/or Shell Booth.

Eligibility for the Conditions of Participation

2.1

The Organiser has the sole and absolute discretion in relation to the admission of Exhibitors. Until an Exhibitor's application made by way of Application Form has been accepted in writing by the Organiser, no rights to exhibit are granted notwithstanding payment or acceptance of the full Booth Service Fee submitted with the application. The Organiser reserves the right to decline any application without giving any reason.

2.2

All Exhibitors must be legally registered companies/businesses carrying on business either in Hong Kong or in their country of origin in accordance with applicable laws. The Organiser may require Exhibitors to enclose with their Application Form or payment or otherwise produce at any time a copy of their latest business registration certificate, certificate of incorporation or other company/business registration documents, business cards and/or product catalogues and/or other documents/materials as may be required by the Organiser proving that they are carrying on a bona fide business. Unless otherwise notified by the Organiser in writing, original documents should not be submitted as the Organiser cannot guarantee to return them.

2.3

The Exhibitor warrants that the Application Form and all other documents and information submitted to the Organiser in connection with it shall be true, complete, and up-to-date.

3.

The use of the Exhibition Stand allocated to or custom built by the Exhibitor is strictly for trade promotion purpose only for the duration of the Exhibition. Exhibitor is required to use the area allocated for the Stand in a manner satisfactory to the Organiser both during assembling and installation of Stand as well as at the Exhibition. The Organiser reserves the right to clear all or part of the Stand allocated to or custom built by the Exhibitor at Exhibitor's expense without notice should it not be satisfied with the way the Stand is being used. Save as provided in these Conditions, no Exhibitor shall have any claim for any refund in respect of the Booth Service Fee or any other monies paid.

Payment

4.1

Where the Application Form is submitted in hard copy, the appropriate Booth Service Fee, which shall be non-refundable (save as provided in these Conditions), must accompany each application.

4.2

For all other application methods including where the Application Form is submitted electronically via the Exhibitor Online Platform, the appropriate Booth Service Fee, which shall be non-refundable (save as provided in these Conditions), must be submitted by the Exhibitor following the application, in accordance with any instructions set out in any request for payment made by the Organiser.

4.3

For the avoidance of doubt, neither any acknowledgement of the receipt of the Application Form nor any request for payment made or issued by the Organiser shall by any means constitute acceptance of the Exhibitor’s application for the purposes of clause 2.1 above, and the Booth Service Fee stipulated on the Application Form should not be regarded as the final fee payable by the Exhibitor.

4.4

The Booth Service Fee and all other monies payable to the Organiser are exclusive of all taxes.  Any applicable tax payable in respect of the payment made for participation in the Exhibition will be the responsibility of the Exhibitor.  If at any time there is any withholding or deduction in respect of any taxes, duties or other charges that the Exhibitor would need to apply in accordance with any applicable laws of any country/region on any payment to the Organiser, the sum due from the Exhibitor in respect of such payment shall be increased to the extent necessary to ensure that after making such deduction or withholding, the net amount paid to the Organiser shall be equal to the sum it would have received if no deduction or withholding had been applied, and the Exhibitor shall be responsible for settling the withholding taxes or other payments to the relevant authorities on its own account.  Any invoice sent to the Exhibitor by the Organiser may include any applicable tax chargeable in accordance with the applicable laws.

5.

The Organiser reserves the right to demand additional, non-interest bearing deposit(s) at any time as a guarantee for the cost of actual or potential damage.

6.

In the event that an application for participating in the Exhibition is not accepted by the Organiser, the Booth Service Fee paid shall be refunded without interest to the applicant within 30 days from the date of notice of rejection of the application.

7.

If an Exhibitor withdraws, for whatever reason, its application before receipt by it of a rejection of its application or after its application has been approved, the Booth Service Fee paid will be forfeited.

Use of Online Services

8.

Subject to service availability and the consent of the Organiser, the Exhibitor may use online services provided by the Organiser including via the Exhibitor Online Platform by logging in with a user identification code (‘Username’) and password (‘Password’) in accordance with any guidance provided by the Organiser. The Organiser only provides an online platform for Exhibitor to handle its application for and participation in the Exhibition. The Organiser shall in no circumstances be liable to the Exhibitor or any other person for any unauthorised access thereto or for any error, mistakes, delay, loss or omission in transmissions made using the online services or their level of security whatsoever and howsoever occurs.

8.1

If the online services are available to the Exhibitor, the Exhibitor may change its Username and Password at any time, but such change shall only be effective if accepted by the Organiser.

8.2

The Exhibitor shall in good faith exercise reasonable care and diligence to keep its Username and Password confidential. At no time and under no circumstances shall the Exhibitor disclose its Username and/or Password to any other person.

8.3

The Exhibitor shall be responsible in full for any unauthorised disclosure of the Username and/or Password to any other person and shall bear all risks of the same being used by any unauthorised persons or for any unauthorised purposes.

8.4

Upon notice or suspicion of the Username or Password being disclosed to or coming into the possession or control of any unauthorised person, or of any unauthorised use of the Organiser’s online services being made, the Exhibitor shall notify the Organiser immediately and, until the Organiser’s actual receipt of such notification, the Exhibitor shall remain responsible for all and any unauthorised use of the online services.

Stand Allocation

9.1

The Organiser has the sole and absolute discretion in allotting the area in the Exhibition Venue for the positioning or construction of Stands and determining the location of such Stands. All decisions to such effect shall be final and no request for change will be entertained.

9.2

Any Exhibitor who wishes to use a name on its Stand which is different to that submitted on its Application Form must submit notice of this change to the Organiser in writing at least three months prior to the commencement of the Exhibition together with the following:-
(a) documentation (in form and substance satisfactory to the Organiser) signed by a certified accountant or the company secretary (in the case of a registered limited liability company) to prove that only the name of the applicant company has changed and not its ownership; or
(b) other documentation (in form and substance satisfactory to the Organiser) to show that the new company name belongs to a wholly-owned subsidiary of the applicant.

9.3

If any Exhibitor which having had its application accepted by the Organiser subsequently divides its business between two or more of its existing shareholders, the Organiser shall have the right to offer the right to exhibit as follows:-
(a) to the largest shareholder of the original applicant, who can exhibit under its own company name provided that it will be displaying the same category of products as the original applicant; and
(b) if the shareholding is divided evenly then the Organiser reserves the rights to terminate the agreement with the original applicant and reallocate the Stand unless the parties can reach an agreement among themselves regarding the transfer of the right to exhibit of which the Organiser is notified at least 3 months prior to the commencement of the Exhibition.

10.1

The Exhibitor's right to exhibit at the Exhibition and to use, on a non-exclusive basis, the Stand allocated to or custom built by the Exhibitor is personal to the Exhibitor and shall not be transferred, assigned, sub-contracted, licensed to or otherwise howsoever shared with any third party. Any Exhibitor who is found by the Organiser in its absolute opinion to have transferred, assigned, sub-contracted, licensed or otherwise howsoever shared its Stand with a third party, will be obliged to immediately withdraw from the Exhibition, dismantle its Stand and remove its exhibits at its own expense.

10.2

The Organiser reserves the right to maintain a record of those Exhibitors who have breached clause 10.1 of the Conditions and may at its sole and absolute discretion refuse to allow these Exhibitors or any of their parent, associate, affiliated and / or subsidiary companies to participate in any or all future events arranged by the Organiser.

10.3

In order to promote, or distribute, or display any business card, material or exhibit (promotional or otherwise) bearing the name of, or allow the presence of any employee or representative of, a wholly-owned subsidiary of the Exhibitor or a third party company for whom the Exhibitor is acting as a formal agent or distributor, on its Stand, the Exhibitor must apply in writing to the Organiser for permission at least three months prior to the commencement of the Exhibition together with supporting documents showing the connection between the Exhibitor and the relevant subsidiary or third party company. The Organiser has the sole and absolute discretion to determine whether to give such permission and in giving such permission, may stipulate such conditions as it deems fit. For the avoidance of doubt, the Exhibitor shall be deemed to have breached clause 10.1 of the Conditions if the Exhibitor distributes or displays any business card, material or exhibit bearing a third party's name or allow the presence of any person other than its employee without the prior permission of the Organiser or in violation of any condition so imposed.

10.4

The Organiser has the right at its sole and absolute discretion to prevent Exhibitors from having more than one Stand at the Exhibition.

10.5

The Organiser has the right at its sole and absolute discretion to prevent two or more Exhibitors with a common ownership or shareholder to attempt to consolidate their Stands or to display the same goods or product range at separate Stands, notwithstanding their application having been accepted.

Stand Construction

11.

Stands and exhibits shall not exceed the maximum floor loading limit as follows:

Hong Kong Convention & Exhibition Centre

Maximum floor loading limit

Hall 1ABC, Hall 3BCFG & Hall 5BCFG

1,700 kg/m2

Hall 1DE, Hall 3DE, Hall 5DE

1,250 kg/m2

Others

500 kg/m2


 

 

12.

The Organiser reserves the right to alter or remove without notice and at the Exhibitor's expense any Stand which differs from the submitted specification or any Stand that does not conform to the Organiser's required standard, rules and regulations. The Exhibitor shall have no claim against the Organiser or its agents for any extra cost of replacing its Stand to conform to the Organiser's required standard, rules and regulations or for any other losses or damages relating thereto.

13.

Exhibitors who have opted for Custom-Built Participation may appoint either the official stand contractor or their own contractor to design and construct their Exhibition Stands, the design of which must be submitted to the Organiser for review as provided in these Conditions.

14.

Work of any kind carried out at the Exhibition Venue must conform to the current local laws and regulations in force in Hong Kong and those specified by the Organiser. This applies to the Exhibitor, its agents, contractors and subcontractors. The Organiser reserves the right to stop any work which contravenes with any of these laws and regulations and the Exhibitor shall have no claim against the Organiser or its agents for any losses or damages relating thereto.

15.

The suspension of Stands or lighting devices from the ceiling structure of the Exhibition Venue will not be permitted. All lighting devices have to be attached onto a lighting truss of no more than 1.0m height, with a minimum of 2.5m and a maximum of 6.0m ground clearance.

16.

Fixings to the surface of the floors to secure margin boards and other stand fittings will not be permitted unless prior approval in writing is obtained from the Organiser.

17.

The removal and disposal of crates and stand fittings or materials are not covered by the Booth Service Fee and are subject to an additional charge based on the charges imposed by the Exhibition Venue or such other sum as the Organiser may reasonably determine.

Shell Booths

18.

Shell Booths are provided by the Organiser's official contractor and are of a standard design. No variation of the Shell Booth including but not limited to its fascia board, lettering and fittings, shall be allowed unless prior written approval is given by the Organiser.

19.

No decoration, booth fitting or exhibit shall exceed 2.5m in height or the height of the Shell Booth, whichever is lower.

Custom-built Stands

20.

Custom-Built Participation contractors’ information, construction drawings, lighting distribution plan and site work deposit should reach the Organiser for review at least eight weeks before the commencement of the Exhibition. A copy of valid insurance policy should reach the Organiser at least six weeks before the commencement of the Exhibition. Otherwise, a late charge of HK$2,000 (US$250) will be charged to the Exhibitor or its appointed contractor. Drawings submitted must be in a reasonable scale of at least 1:100, fully dimensioned and must contain information such as floor plan, stand elevation, electrical fittings, carpeting, colours and materials to be used, moving exhibits, audio-visual equipment, weights and point loading of exhibits.

21.

No contractor’s badge or vehicle pass will be issued for entry of Exhibition Venue and no custom-built stand will be permitted to be constructed at the Exhibition Venue unless the contractors’ information, construction drawings, lighting plan, site work deposit (including late charge, if applicable) and a copy of valid insurance policy have been received by the Organiser.

22.

All custom-built participation designs, stand materials used and its construction must conform to the rules and regulations of the Exhibition Venue and those of any public authority or department of the Hong Kong SAR Government.

23.

The transporting, assembling, dismantling and the removing of custom-built stands are the responsibility of the Exhibitor or its appointed contractor. All such work must be carried out according to the arrangements and within the time limits specified in these Conditions or otherwise by the Organiser.

24.1

Please note maximum booth height varies between halls and ancillary areas and the Exhibitor is advised to confirm this with the Organiser before commencing any Stand design work. General guide summarized as follows:-:

Exhibition Venue

Maximum Booth Height

Hong Kong Convention & Exhibition Centre

2500~5000mmH

 

 

24.2

For Stands situated within ±500mm of the smoke curtain at the Hong Kong Convention and Exhibition Centre, please note the maximum allowable Stand height is 2500 or 3000mm depending on the exact location. Again the Exhibitor is advised to confirm this with the Organiser prior to commencing any Stand design work.

25.1

A structural safety certificate must be submitted upon completion of work for all custom-built stands exceeding 2500mm in height, using a hanging lighting truss, and/or as otherwise deemed required by the Organiser and/or the Exhibition Venues’ operator. The structural safety certificate shall be endorsed by an AP/RSE and should be submitted to the Organiser by 1500 hrs on the last move-in date before the Exhibition, at the latest. If this rule is not observed, the Organiser and/or the Exhibition Venue’s operator reserve(s) the rights to prohibit all access to the Stand and/or to modify or dismantle it. Exhibitors must accept full responsibility for the safety of the Stand, as the Construction Sites (Safety) Regulations (Chapter 59I) is applicable.

25.2

For Stands and temporary structures at 4500mm in height or above; hanging lighting truss with equipment weighting at 100kg or above; stages at 1500mm in height or above constructed at shows open to the public, design drawings and structural calculations endorsed by an AP/RSE will be required by government authorities as well as the Exhibition Venue’s operator. The design drawings and structural calculations should reach the Organiser at least 8 weeks before the commencement of the exhibition for forwarding to relevant parties.

26.

All Stands should be dismantled and removed together with all other materials and waste by 2400 hrs on the last date of the Exhibition (unless extra move-out arrangements have been agreed with the Organiser). Otherwise, over-time hall rental charges will be imposed until all such items have been cleared.

27.

For overseas exhibitors or their appointed overseas contractors who intend to construct/dismantle their own Stands, it is mandatory to comply with the requirements imposed by the Immigration Department of Hong Kong. For further queries, please contact the Hong Kong Immigration Department.

28.

For detailed information regarding custom-built stands in the Exhibition Venue, please refer to the Exhibitors’ Manual with which all Exhibitors and/or their appointed contractors are required to comply.

Electricity

29.

Only electricity can be used as a source of light or power at the Exhibition Venue.

30.

All electrical works shall be carried out at Exhibitor's expense by the official contractor appointed by the Organiser. Design plan or proposals for electrical installation must reach the Organiser for review not later than eight weeks before the commencement of the Exhibition. The Organiser may require amendments or variations to be made to the design plan or proposals at its sole and absolute discretion.

31.

Electric current will be supplied in 210-230 volt, single phase. Electric current of a higher voltage, (380 volt, three phases), will be supplied subject to prior arrangement with the Organiser. The maximum electric power that will be supplied is 20 KW per 15 square meter of floor area.

32.

Electricity, whether from the mains, batteries or generators shall be supplied only through the Exhibition Venue's official contractor.

Use of Stand & Safety

33.

The Exhibitor shall be solely responsible for the precautionary measures (such as guards or other means of protection) to protect the public from any moving or working exhibits. Such moving or working exhibits shall only be demonstrated or operated by competent persons authorized by the Exhibitor and shall not be left running in the absence of such persons. Display of such working or moving exhibits must be subject to the Organiser's prior written approval.

34.

The use of laser products at the Exhibition requires prior approval in writing from the Organiser. Application for approval of such use must be submitted to reach the Organiser not later than two months before the commencement of the Exhibition.

35.

No advertising or demonstration at the Exhibition, including the staging of any fashion show, will be allowed at the Exhibition Venue unless the Organiser's advance approval in writing is obtained.

36.

Any musical performance, including the use of music recording for fashion show, requires the permission of:
(a) The Composers and Authors Society of Hong Kong Ltd, 18/F, Universal Trade Centre, 3 Arbuthnot Road, Central, Hong Kong (Tel: (852) 2846 3268 Fax: (852) 2846 3261);
(b) Phonographic Performance (South East Asia) Ltd, Unit A, 18/F, Tower A, Billion Centre, 1 Wang Kwong Road, Kowloon Bay, Kowloon, Hong Kong (Tel: (852) 2861 4318 Fax: (852) 2866 6869);
(c) Hong Kong Recording Industry Alliance Ltd, 22/F Shanghai Industrial Investment Building, 48 – 62 Hennessy Road, Wan Chai, Hong Kong (Tel: (852) 2520 7000 Fax: (852) 2882 6897); and
(d) such other relevant bodies which are entitled to grant the relevant permission from time to time.
All fees and expenses in connection with application of musical performance shall be borne by individual Exhibitor concerned.

37.1

Publicity Materials of any Exhibitor may only be distributed from the Exhibitor's own Stand. No advertising, demonstration or canvassing for business may be carried out anywhere else within the Exhibition Venue. No exhibits or advertising signs shall be placed outside the confines of the Exhibitor's Stand.

37.2

The Exhibitor may only display exhibits and Publicity Material which correspond to the product category zone as stated in the booth confirmation letter of the Exhibition.

38.

The Exhibitor shall not hang on, or otherwise adhere to the fascia boards any stickers, posters, hangers or other materials.

39.

Gas-filled balloons shall not be permitted at the Exhibition Venue under any circumstances.

40.

Exhibitor's Stand must be manned by an authorized and competent representative of the Exhibitor at all times during the Exhibition. Such representative must be fully conversant with the Exhibitor's products and/or services and shall be duly authorized to negotiate and conclude contracts for the sale of the Exhibitor's products or services. The Exhibitor shall produce confirmation (in such form as may be reasonably required by the Organiser) that the representative shall comply with these Conditions and with any and all directions which the Organiser or its agents may give before or during the Exhibition.

41.

Organiser shall be entitled at its sole and absolute discretion to require forthwith to be removed, and to remove, at the Exhibitor's expense, from any Stand or any area allocated for Custom-Built Participation made available to any Exhibitor, any goods, Publicity Material, items or things displayed or placed there without any obligation to give any reason therefor, and without incurring any liability for any loss, damage or expense whatsoever incurred by the Exhibitor or any other person as a consequence thereof.

42

The Exhibitor warrants that the exhibits and packages thereof and the Publicity Material or any other part of the display on the Stand/ Exhibitor’s Website/ or Organiser’s online or mobile platform do not violate the laws of Hong Kong SAR. Products exhibited or featured in the Publicity Material must be legal to market, sell, import to and possess in Hong Kong and if any licences or permits are required for such marketing, selling, importation or possession the Exhibitor must be appropriately licensed or permitted. The Exhibitor must at all times be compliant with any laws or regulations governing the marketing, sale, importation, and possession of such products. Without limiting the foregoing, display of the following items are strictly prohibited: offensive weapons, firearms, ammunition, explosives, radioactive materials, flammable and inflammable substances, obscene articles, poisons and illegal drugs and associated paraphernalia. The Exhibitor agrees to fully indemnify the Organiser and its agents, representatives, contractors and employees against all costs, expenses and damages arising from any breach of this condition."

43.1

The Exhibitor warrants that the exhibits and packages thereof and the Publicity Material or any other part of the display on the Stand do not in any way whatever violate or infringe any third party's rights including all intellectual property rights including but not limited to trade marks, copyright, designs, names, and patents whether registered or otherwise. The Exhibitor agrees to fully indemnify the Organiser and its agents, representatives, contractors and employees against all costs, expenses and damages arising from any third party's claim of infringements by the Exhibitor and/or the Organiser and/or the latter's agents, representatives, contractors or employees of such third party's rights.

43.2

The Exhibitor agrees that it shall comply with any "Exhibitors' Brief on the Protection of Intellectual Property Rights at HKTDC Exhibitions" ("Exhibitors' Brief") that the Organiser may issue from time to time, including abiding by any complaint procedures and penalties stated in the Exhibitors' Brief, whether as a complainant of infringement of intellectual property right or as a party subject to any such complaint. If the Exhibitor fails to abide by any of the terms and conditions of the Exhibitors' Brief, the Organiser shall have the sole and absolute discretion to ban the Exhibitor and any of its parent, associate, affiliated and/or subsidiary companies from any or all future HKTDC exhibitions and / or to further ban any representatives of the Exhibitor in question from entering the venue of the current HKTDC Exhibition in which the Exhibitor is participating.

43.3

If a complainant/an Exhibitor ("complainant") files a complaint with the Organiser in accordance with the Exhibitors' Brief and requests the Organiser to take action against an Exhibitor, the complainant agrees to hold the Organiser, its agents, representatives, contractors and employees (including but not limited to their legal advisors) harmless and to fully indemnify each and every one of them against any and all liabilities, losses, costs (including but not limited to legal costs), expenses and damages of any nature whatsoever incurred or suffered by any of them as a result of or however arising from any action that the Organiser, its agents, representatives, contractors or employees (including but not limited to their legal advisors) may take in reliance of or as result of such complaint filed by the complainant, or any other requests, directions or instructions made or given by the complainant pursuant to such complaint. The complainant further agrees not to take any legal action or make any claim or demand against the Organiser, its agents, representative, contractors or employees (including but not limited to their legal advisors) in relation to such complaint and the alleged infringement of intellectual property rights.

44.

Stand assembling, installation and decoration must be carried out within the time limits specified by the Organiser and must in any case be completed by 6pm on the day immediately preceding the commencement date of the Exhibition. The Organiser reserves the right to assemble, install or decorate any area in the Exhibition Venue allocated for Custom-Built Participation or Stand which is not completed by that time at the Exhibitor's expense.

45.

Repairs or alterations to the Stand or displays may only be carried out after the Exhibition is closed to the public and with prior written agreement of the Organiser.

46.

No Stand or exhibits shall be dismantled or removed before the official closing time of the Exhibition on the last day of Exhibition unless special permission has been given by the Organiser.

47.

All audio-visual equipment must generate a noise level which does not cause any annoyance or inconvenience to other Exhibitors or visitors. The Organiser reserves the right to appoint one or more exclusive audio-visual equipment suppliers whereupon the Exhibitor shall be obliged to hire the equipment of such exclusive suppliers.

48.

No Exhibitor shall engage in or permit filming, sound or video recording, telecasting and broadcasting at the Exhibition Venue unless prior written approval is obtained from the Organiser.

49.

Public auctions shall not be permitted at the Exhibition Venue under any circumstances.

50.

Full particulars of all personnel, agents or representatives of the Exhibitor must be submitted to the Organiser for approval and registration before they may be admitted to the Exhibition Venue. All such personnel, agents and representatives of the Exhibitor as are approved by the Organiser ("authorized personnel") will be issued with badges for identification and admission purposes. The Exhibitor hereby undertake to procure that its authorized personnel shall:-
(a) display their badges conspicuously whilst at the Exhibition Venue;
(b) do not pass their badges to any other person;
(c) return their badges to the Organiser at the conclusion of the Exhibition upon demand by the Organiser;
(d) comply with all obligations expressed to be imposed by these Conditions on the Exhibitor; and
(e) comply with all obligations imposed on them as the condition of approval of their admission to the Exhibition by the Organiser.

Should the Organiser find any unauthorized or inappropriate use of badges by any person, the Organiser shall have the right at its sole and absolute discretion to take any or all of the following actions:-
(a) immediately confiscate such badges and refuse entry of the Exhibition Venue to such person(s);
(b) if the Exhibitor then applies for additional badges, charge additional fees for the Organizer to process and issue additional badges for the Exhibitor;
(c) impose penalty on the Exhibitor as the Organiser may consider appropriate in its sole absolute discretion to impose, including but not limited to immediately terminating the Exhibitor’s right to exhibit at the Fair without any compensation to the Exhibitor, postponing the Exhibitor’s turn to select its booth location for the Fair to be held in the following year, or to ban the Exhibitor from exhibiting at the Fair or any other fairs organised by the Organiser in the future; and/or
(d) take any further legal actions against the Exhibitor for the unauthorized use or inappropriate use of the badge.

Publicity

51.

The Organiser shall arrange and be responsible for all publicity arrangements for the Exhibition both overseas and in Hong Kong and no Exhibitor, or its agents, shall give or cause to be given any interview, public announcement, press statement, or any other publicity whatsoever intended to publicize the Exhibition as a whole.

52.

The Exhibitor shall not disclose, appropriate or use and shall prevent its representative at the Exhibition from disclosing, appropriating or using any technical or confidential information regarding the business or affairs of the Organiser or any of the Exhibitors at the Exhibition acquired by way of the Exhibitor's license to exhibit at the Exhibition.

Move-in and Move-out of Stand Materials/Publicity Material & Exhibits

53.

Exhibitor shall move in to the Exhibition Venue according to the arrangements and within the time limits specified by the Organiser.

54.

The arrangement and payment for transporting goods to and from the Exhibition Venue, and the receiving, decorating and removing its exhibits are entirely the responsibility of the Exhibitor.

55.

No trolleys shall be allowed in any carpeted areas of the Exhibition Venue.

56.

All exhibits, Stand materials/Publicity Material and the like of the Exhibitor shall be removed by the relevant Exhibitor immediately after the closing of the Exhibition according to the arrangements and within the time limits specified by the Organiser. Any exhibits or Stand material/Publicity Materials and the like of the Exhibitor left behind at the Exhibition Venue shall be deemed abandoned and shall be disposed of by the Organiser at the expense of the Exhibitor concerned. All proceeds (if any) of such disposal shall be retained by the Organiser and the Organiser shall not be obliged to account the proceeds to the relevant Exhibitor.

57.

The Organiser reserves the right to appoint one or more exclusive contractor(s) to handle the movements of all goods and exhibits in and out of the Exhibition Venue, whereupon the Exhibitor shall be obliged to hire the services of such exclusive contractor(s).

Links to Exhibitor's Web Site

58.

The Exhibitor's Web site should:
(a) be professionally prepared, organised and maintained in a presentable and respectable manner, compatible with the quality image of the Organiser;
(b) contain information aimed at promoting trade and business, and should be in compliance with all applicable laws;
(c) not be a mail order catalogue for products or services as retail operations are not permitted to function through the access made available on the Organiser's Web site; and
(d) not be a database or contain any link to other Web sites.

59.

The Exhibitor agrees to and welcomes the Organiser's establishment and provision of a hypertext link to the Exhibitor's Web site on the Organiser's Web site for such duration as the Organiser in its sole and absolute discretion deems fit. The Exhibitor agrees that the Organiser shall not be liable for any loss or liability whatsoever arising from or in connection with the Organiser's provision or removal of the hypertext link or any service interruptions of the Organiser's Web site, whether caused by the Organiser or its employees or not.

60.

The Exhibitor warrants to the Organiser that its Web site does not contain any of the following:
(a) critical, defamatory, libellous, slanderous or derogatory messages, statements or material about other countries, territories, governments, cultures, religions, persons, companies, Organisations, entities, products, services or otherwise;
(b) obscene or indecent articles;
(c) messages, statements or material which may be considered violent, racist, harmful or otherwise objectionable in nature;
(d) any information or material which is deceiving, misleading or likely to cause confusion to site visitors;
(e) any information or material which is illegal in the Exhibitor’s country, the country its website is hosted in, or Hong Kong.

Exhibitor's Undertakings

61.

The Exhibitor hereby undertakes to the Organiser that it shall:
(a) take all necessary precautions to ensure that:
(i) the information or material contained in the Exhibitors' Web site is at all relevant time accurate, truthful and complete;
(ii) the Exhibitor's Web site is virus free and that it shall inform the Organiser immediately of any infection or suspected infection of any part of its Web site by any kind of virus;
(b) regularly update its Web site to maintain accuracy and to ensure conformity with the established image and good reputation of the Organiser;
(c) inform the Organiser of any changes made to the name of a web page on the Exhibitor's Web site or its home page; and
(d) ensure that the contents of its Web site:
(i) do not infringe any intellectual property rights or other rights of any third party;
(ii) must not at any time violate any laws applicable to the Exhibitor or the Organiser, including but not limited to any Hong Kong law, or any international conventions, codes or regulations applicable to the Internet or its usage, and other applicable laws; and
(iii) are not, in the reasonable opinion of the Organiser, unfavourable to the image of the Organiser or otherwise undesirable.

62.

Where the Exhibitor is using online services provided by the Organiser and/or has registered for those services by applying for a Username, including via the Exhibitor Online Platform, it shall not allow any person other than those authorised to act on its behalf to use such online services, and it shall not allow any person to use such services for or in connection with any unauthorised or illegal purpose or activity. The Exhibitor shall notify the Organiser as soon as practicable if it becomes aware of any such use.

63.

The Organiser reserves the right at any time to bar access to or delete the link between the Organiser's Web site and the Exhibitors' Web site at the Organiser's sole and absolute discretion without notice and without giving any reasons therefor.

64.

The Exhibitor irrevocably waives all rights to bring any claim or action against the Organiser for any loss, damage or injury which may arise as a result of the way in which the linked site is depicted or portrayed on or accessible from the Organiser's Web site.

65.

The Organiser shall not be responsible for any illegal or unauthorized use of materials from the Exhibitor's Web site or other infringement conducts of any visitors to the Exhibitor's Web site via the link on the Organiser's Web site.

66.

The Exhibitor undertakes to fully indemnify and at all time to keep indemnified in full the Organiser from and against all losses, liabilities, actions, proceedings, claims, damages, costs (including but not limited to legal costs) and expenses whatsoever and wherever arising which the Organiser may suffer or incur by reason of or in relation to or otherwise associated with its hypertext link to the Exhibitor's web site.

Exclusion of Liability

67.

Other than death or personal injury caused by the negligence of the Organiser or its employees, none of the Organiser, its agents, representatives, contractors or employees shall be liable in any way whatsoever in respect of any loss, injury or other damages suffered by or caused to the Exhibitor, its agents, representatives, contractors or employees or the products or other property of the Exhibitor or of such parties or of any other Exhibitors or visitors. For the avoidance of doubt, any death or personal injury caused by or resulting from the acts of God, war, health concerns (such as the outbreak of the Severe Acute Respiratory Syndrome), threats of terrorist attack, riots, demonstrations, civil disturbances, inevitable accident or any other cause not within control of the Organiser shall not be regarded as the negligence of the Organiser or its employees. Any approval granted by the Organiser pursuant to the Conditions shall not constitute any form of endorsement of the subject matter of the approval by the Organiser.

68.

The Organiser shall not be responsible in any manner whatsoever for the consequences of any introduction or commercial transaction made between the Exhibitor and other parties during or as a result of the Exhibition.

69.

The Exhibitor undertakes to fully indemnify and at all times hereafter to keep indemnified in full the Organiser, its agents, representatives, contractors and employees on demand from and against all losses, liabilities, actions, proceedings, claims, damages, costs (including but not limited to legal costs) and expenses whatsoever which it may suffer or incur by reason of or in relation to the negligence, wilful default or fraud of the Exhibitor in the performance of any agreement hereunder or any breach by the Exhibitor of these Conditions.

70.

The Organiser undertakes no financial or legal responsibility for any type of risk concerning or affecting the exhibitors/visitors, their personal belongings and exhibits. The Exhibitor shall be responsible for effecting insurance which shall include (but not limited to) its displays, exhibits and stands against loss or damage by theft, fire, water, public (including occupier's liability) and any other natural causes, and shall produce such policy of insurance to the Organiser upon request.

71.

Exhibitors with custom-built stands accept full responsibility for the safety of its booth and shall fully indemnify and at all times hereafter keep indemnified in full the Organiser, its agents, representatives, contractors and employees on demand from and against all losses, liabilities, actions, proceedings, claims, damages, costs (including but not limited to legal costs) and expenses whatsoever which it may suffer or incur by reason of or in relation to the safety, suitability or fitness for purpose of a custom-built stand and damage caused by a custom-built stand to the Exhibition Venue, the other Exhibitors, visitors, the Organiser or any other third parties.

72.

The Exhibitor shall take out insurance policies to cover itself against all potential liabilities imposed on it in these Conditions as well as possible legal liability for negligence and shall produce such policy of insurance to the Organiser upon request. Exhibitor is fully liable for any loss or damage caused by an act or omission of the Exhibitor or its agents, representatives, contractors or employees to any property of the Exhibition Venue, the other Exhibitors, visitors, the Organiser or any other third parties. For exhibitors with precious exhibits, they are requested to take out insurance coverage and/or special security service at the exhibitors' expense for overnight storage.

73.

The Organiser reserves the right to exercise a general lien over any property the Exhibitor has in the Exhibition Venue in respect of all monies due from the Exhibitor to the Organiser (including but not limited to claims for damages) in connection with the Exhibition.

74.

The Exhibitor hereby agrees that the maximum liability of the Organiser under these Conditions shall not exceed the fee actually received by the Organiser from the Exhibitor.

Waiver

75.

The waiver by the Organiser of any of these Conditions shall not prevent the subsequent enforcement of these Conditions and shall not be deemed to act as a waiver in respect of any subsequent breach.

Termination of Right to Exhibit

76.

The Organiser shall have the right to terminate without notice an Exhibitor's right to exhibit in the Exhibition and in any other exhibition or trade fair organised by the Organiser and to close the Stand immediately at the Exhibitor's expense in any of the following circumstances:
(a) if an Exhibitor or any of its representatives commits a breach of any of the Conditions or any additional rules and regulations introduced in accordance with clause 84 of the Conditions; or
(b) if an Exhibitor, being a body corporate, enters into a liquidation whether compulsory or voluntarily or compounds with its creditors or has a receiver appointed over all or any part of its assets or takes or suffers any similar action in consequence of debt or if an Exhibitor being a sole proprietorship or partnership becomes, or one of its members becomes bankrupt or insolvent or enters into any arrangements with its creditors or takes or suffers any similar action in consequence of debt; or
(c) if the Exhibitor conducts any activity which, in the opinion of the Organiser, does not conform to the nature and purpose of the Exhibition, or interferes with the rights of other Exhibitors at the Exhibition; or
(d) if the Exhibitor displays prices or sells goods (which in either case does not conform to the nature and purpose of the Exhibition) to private persons or sells goods for immediate delivery in the Exhibition Venue; or
(e) if the Stand is not occupied by the Exhibitor 30 minutes before the opening hour (as published in the Exhibitor's Manual produced by the Organiser) on the first exhibition day of the Exhibition, the Exhibitor shall be deemed to have withdrawn from the Exhibition, and the Organiser shall have the right to use the Stand or area allocated to the Exhibitor for Custom-Built Participation as it deems appropriate. The Booth Service Fee paid will be forfeited as if the Exhibitor had cancelled the participation as of such date; or
(f) if the Exhibitor is found to be acting in a discriminatory manner against certain visitors at the Exhibitions; or
(g) if the Exhibitor is found to have committed any act which, in the opinion of the Organiser, might prejudice or damage the reputation and/or image of Hong Kong, its industries, the fair or the Organiser. Areas of concern include product safety and respect for intellectual property rights (IPR), labour rights, environmental laws etc; or
(h) if the Exhibitor is accused or convicted of any criminal offence or otherwise so conducts itself as to bring itself, the Exhibition or the Organiser into disrepute; or
(i) if the Exhibitor is in breach of any applicable local laws, rules or regulations; or
(j) if the Organiser in its sole and absolute discretion decide that the Exhibitor's right to exhibit shall be terminated.

77.

In the event that an Exhibitor's right to exhibit in the Exhibition is terminated under clause 76 (a), (b), (c), (d), (e), (f), (g), (h), (i) or (j) of the Conditions, the Exhibitor shall have no claim for refund of any monies paid to the Organiser.

78.

The Organiser shall return to the Exhibitor all Booth Service Fees paid in the event of a termination of the Exhibitor's right to exhibit under clause 76 of the Conditions. The Exhibitor shall have no other claims against the Organiser for any of its loss or damages in connection with any such termination.

Postponement and Cancellation of Exhibition

79.

The organiser reserves the right to change the date(s) of the Exhibition to other date(s) (including but not limited to postponing to later date(s)) as the Organiser deems fit, or cancel, alter in character or mode, reduce in scale, shorten or extend the duration of the Exhibition at any time without incurring any liability whatsoever to the Exhibitor due to circumstances beyond the Organiser's control including but not limited to acts of God, war, health concerns (such as outbreaks of the Severe Acute Respiratory Syndrome, bird flu or other health threats), fear of terrorist attack, riots, demonstrations, travel restrictions, curfew, epidemic, embargo, civil unrest, legal proceedings, industrial disputes of whatever nature, government regulations, the lack of or refusal to grant any government or third party approvals, permits, consents or licences, major disruption of transport system, system malfunctions or failure of telecommunications or other electronic communications that make it in the opinion of the Organiser impossible or impractical or undesirable for the Organiser to hold the Exhibition as initially planned. The Exhibitor shall have no claim against the Organiser or its agents or representatives, whether for loss or damage, or return of all or part of any money paid by the Exhibitor in respect of any postponement, cancellation, alternation, reduction, shortening or extension made in accordance with this provision.

80.

The Organiser reserves the right to change the plan, site character or venue of the Exhibition at any time without giving notice to the Exhibitor. Proportional allowance for use of the Exhibition Venue may be made if deemed appropriate by the Organiser (in its sole and absolute discretion) but it shall not be liable for any further compensation to the Exhibitor.

Disclaimer

81.

The Organiser has the sole and absolute discretion in relation to the admission of visitors to the Exhibition (including but not limited to determining any admission requirements or procedures). The Exhibitor acknowledges that the Organiser has given no commitment or guarantee as regards the number of visitors to the Exhibition and the results of the Exhibition and agrees that it has no claim against the Organiser or its agents or representatives in this connection.

82.

The Exhibitor acknowledges and agrees that the Organiser shall not be responsible for any losses or damages that the Exhibitor's business may suffer and that the Organiser has made no warranties of any kind, express or implied for services to be provided hereunder. The Organiser hereby disclaims any warranty or merchantability or fitness for any particular purpose.

83.

The Exhibitor further acknowledges and agrees that the Organiser shall not be responsible for any system malfunctions or failure of telecommunications or other electronic communications at the Exhibition Venue which is beyond the Organiser's control.

Additional Rules & Regulations

84.

The Organiser reserves the right to interpret, alter and amend any of these Conditions and to issue additional rules and regulations (including but not limited to the exhibitors’ manual) at any time it considers necessary for the orderly operation of the Exhibition. The amended Conditions and the additional rules and regulations shall become effective immediately upon posting of the same on our website at www.hktdc.com/hktradefairs. Once the amended Conditions and the additional rules and regulations have been posted on our website at www.hktdc.com/hktradefairs, you will be deemed to have notice of the same and have accepted the amended Conditions and the additional rules and regulations. All interpretations of these Conditions and any additional rules and regulations by the Organiser shall be final and binding on the Exhibitor.

85.

The Exhibitor shall abide by the rules and regulations of the Exhibition Venue which are deemed to be integral parts of and incorporated into these Conditions. In the event of conflict between the provisions of such rules and regulations and these Conditions, these Conditions shall prevail. Copies of the rules and regulations of the Exhibition Venue are available from the Organiser on request.

86.

The Exhibitor is responsible for all its own costs and charges incurred in entering into and carrying out the agreement governed by these Conditions, including any and all costs associated with communications facilities and access to electronic services.

Notices

87.

All notices, agreements, approvals, permissions and the like required by these Conditions to be in writing must be given:
To the Organiser either by electronic mail to exhibitions@hktdc.org; fax to (852) 2584 0249; or post to Hong Kong Trade Development Council, 38/F, Office Tower, Convention Plaza, 1 Harbour Road, Wanchai, Hong Kong;
To the Exhibitor either by the website at www.hktdc.com/hktradefairs or via the Exhibitor Online Platform or by email, fax or post to the addresses given in the Application Form;
or by such other methods as agreed or as notified by the Organiser from time to time. The Exhibitor consents to the use of electronic records and communications and online processing for all matters connected to these Conditions or their subject matter.

Conflict with Application Form

88.

If the provisions of these Conditions conflict with the Application Form, the provisions of these Conditions shall prevail.

Language

89.

These Conditions are prepared in both English and Chinese languages. In the event of any discrepancy between the two language versions, the [English] version shall prevail.

Governing Law

90.

These Conditions shall be governed by and construed in all respects in accordance with the laws of Hong Kong and the Exhibitor irrevocably submits to the non-exclusive jurisdiction of the Hong Kong courts.




 

The Important notice to Exhibitors (Extracted from Exhibitors' Manual* Section 3.26)

3.26 Food Related Laws and Regulations
Exhibitors are requested to read through sections 3.26.1 to 3.26.18 of the Exhibitor's Manual and ensure complete compliance with all the stated laws, regulations and conditions.
The Exhibitor agrees to comply with all the laws, regulations and conditions mentioned in section 3.26, and to exempt the Organiser and the Exhibition Venue from, and indemnify them against all liabilities whatsoever incurred from any complaint lodged or proceedings instituted by any person arising from any offence committed under or breach of the laws and regulations by the exhibitor. The Organiser and the Exhibition Venue are also not liable for any compensation to be made for any such contravention by the Exhibitor.

3.26.1 Free Tasting for Product Demonstration

Exhibitors may offer food or beverage samples to visitors of the Exhibition for tasting provided that:

  • the samples are prepared in connection with the demonstration of the Exhibitor’s products;
  • the samples are provided free of charge;
  • alcoholic beverages must not be tasted by or sold to visitors aged below 18;
  • the samples are offered in the area of the Exhibitor’s Stand (or areas designated by the Organiser, if any);
  • the samples and/or the ingredients are well packaged or well covered and are served in small quantity and tasting portion only;
  •     Exhibitor’s staff preparing or dispensing food or beverages must wear face masks, gloves and clean clothing;
  • the samples and/or the ingredients must be within the expiry date of consumption and must be in a condition normally expected of or commonly acceptable in relation to that particular kind of food or beverages.
3.26.2 Onsite Inspection

To ensure full compliance with the laws and regulations, the Organiser maintains the right to demand for immediate remedial action by Exhibitors upon request during the Fair period if the Organiser has any suspicion on any non-compliance of the laws and regulations mentioned in section 3.26. In the incidence that repeated verbal warnings are in vain, the Organiser may terminate the exhibitors' right to continue participating in the Fair with immediate effect. Officials from various government departments and authorities such as Food and Environmental Hygiene Department (“FEHD”), Department of Health, Customs & Excise Department, Immigration Department, Chinese Medicine Council of Hong Kong, as well as the Consumer Council, may also conduct inspections onsite during the Fair period.

3.26.3 Food Laws of Hong Kong

FEHD of the Government of the Hong Kong Special Administrative Region (HKSAR) has set forth very strict rules and regulations relating to sale of food in Hong Kong. Any food, whether imported or locally produced, intended for sale in Hong Kong shall comply with the local food laws including but not limited to the list below:
(1)  Public Health and Municipal Services Ordinance (Cap. 132)
(a)        Part V — (Food and Drugs) of the Public Health and Municipal Services Ordinance (Cap. 132 of Laws of Hong Kong);
(b)        Colouring Matter in Food Regulations (Cap.132H);
(c)        Dried Milk Regulations (Cap.132R);
(d)        Sweeteners in Food Regulations (Cap.132U);
(e)        Food Adulteration (Metallic Contamination) Regulations (Cap.132V);
(f)        Food and Drugs (Composition and Labeling) Regulations (Cap.132W);
(g)        Food Business Regulation (Cap.132X);
(h)        Frozen Confections Regulation (Cap.132AC);
(i)         Harmful Substances in Food Regulations (Cap.132AF);
(j)         Imported Game, Meat and Poultry Regulations (Cap.132AK);
(k)        Milk Regulation (Cap.132AQ);
(l)         Mineral Oil in Food Regulations (Cap.132AR);
(m)       Preservatives in Food Regulation (Cap.132BD);
(n)        Slaughterhouses Regulation (Cap.132BU);
(o)        Smokeless Tobacco Products (Prohibition) Regulations (Cap.132BW);
(p)  Pesticide Residues in Food Regulation (Cap. 132CM); and
(q)        Abattoirs Regulation (Cap. 132A).

Note that Pesticide Residues in Food Regulation (Cap.132CM) takes effect from 1 August 2014. The Regulation imposes the maximum concentration of specified pesticide residues permitted in specified food commodities.  It also stipulates that unless the consumption of the concerned food is not dangerous or prejudicial to health, the import or sale of any food found to contain pesticide residues, except for exempted pesticides specified in the Regulation, is an offence under the Regulation which attracts a maximum penalty of $50,000 fine and 6-month imprisonment. For compliance with the requirements of this Regulation, Exhibitors may refer to the Guidelines published by the FEHD and the Centre for Food Safety which can be browsed at the following link:
http://www.cfs.gov.hk/english/whatsnew/whatsnew_fstr/whatsnew_fstr_21_Pesticide.html.
The full text of the Public Health and Municipal Services Ordinance and its subsidiary legislations can be downloaded at http://www.legislation.gov.hk/index.htm.

(2)        Food Safety Ordinance (Cap. 612)
The Food Safety Ordinance provides a tracing mechanism for food safety in Hong Kong, which comprises a registration scheme for food importers and distributors and a record-keeping scheme prescribed for all food importers and distributors in relation to movement of food.
According to the Ordinance, “Food” includes –

  • drink;
  • ice;
  • chewing gum and other products of a similar nature and use;
  • smokeless tobacco products; and
  • articles and substances used as ingredients in the preparation of food, but does not include –
  • live animals or live birds, other than live aquatic products;
  • fodder or feeding stuffs for animals, birds or aquatic products; or
  • medicine as defined by section 2(1) of the Pharmacy and Poisons Ordinance (Cap. 138) or Chinese herbal medicine or proprietary Chinese medicine as defined by section 2(1) of the Chinese Medicine Ordinance (Cap. 549).

Food importer” means a person who carries on a business which brings or causes to be brought any food into Hong Kong by air, land or sea.

Food distributor” means a person who carries on a business of which the principal activity is wholesale supply of food in Hong Kong. This also includes in general food producers (like fish/vegetables farmers and fishermen) and food manufacturers who supply their products by wholesale.

Registration scheme
The Ordinance requires any person who carries on a food importation/ distribution business to register with Director of Food and Environmental Hygiene as a food importer/ food distributor. Any person who does not register with FEHD as a food importer/distributor but carries on a food importation or distribution business commits an offence and is liable to a maximum fine of $50,000 and imprisonment for 6 months. 
For details of the registration scheme, exhibitors should refer to the FEHD’s publication “A Guide to the Registration Scheme for Food Importers and Food Distributors” available at the website of Centre for Food Safety at www.cfs.gov.hk.
Record-keeping requirements
The Ordinance requires any person who, in the course of business, imports, acquires or supplies by wholesale food in Hong Kong to keep transaction records of the business from which it acquired the food and the business to which it supplied the food. Any person who captures local aquatic products and in the course of business, supplies them in Hong Kong is also required to keep the capture record.
Failure to comply with the record-keeping requirement is an offence under the Ordinance and upon conviction a person is liable to a maximum fine of $10,000 and imprisonment for 3 months.
There is no stipulated format for the records of each transaction to be maintained but such records should cover the following information as required under Part 3 of the Food Safety Ordinance:
(A) Record of local acquisition of food (Local acquisition record)
A person who, in the course of business, acquires food in Hong Kong must record the following information about the acquisition –

(a) the date the food was acquired;
(b) the name and contact details of the seller;
(c) the total quantity of the food;
(d) a description of the food.

The record must be made within 72 hours after the time the food was acquired.

(B) Record of acquisition of imported food (Import record)
A person who, in the course of business, imports food acquired outside Hong Kong must record the following information about the acquisition –

(a) the date the food was acquired;
(b) the name and contact details of the seller;
(c) the place from where the food was imported;
(d) the total quantity of the food;
(e) a description of the food.

The record must be made at or before the time the food is imported.

(C) Record of capture of local aquatic products (Capture record)
A person who captures local aquatic products and who, in the course of business, supplies them in Hong Kong must record the following information about the capture –

(a) the date or period of the capture;
(b) the common name of the local aquatic products;
(c) the total quantity of the local aquatic products;
(d) the area of the capture
Exhibitors are required to fulfill their obligation in keeping records of their food products by following the Code of Practice on Keeping Records Relating to Food issued under section 43 of the Ordinance which can be downloaded from the website of Centre for Food Safety at www.cfs.gov.hk
The full text of the Ordinance can be downloaded at http://www.legislation.gov.hk/index.htm and Guidelines on the operation of the Ordinance issued by the Centre for Food Safety can be downloaded from the website of Centre for Food Safety at www.cfs.gov.hk
Exhibitors of the Food Expo must comply with all the laws and regulations relating to food. Exhibitors are deemed to have notice of the latest Food Laws in Hong Kong and have complied with any amended Food Laws once the amended laws have been posted on the website of Centre for Food Safety at www.cfs.gov.hk

3.26.4 Summary on Food Related Regulations

The following is a summary of some of the regulations and conditions for Exhibitors’ compliance:
(1)        Selling and Dispensing Food or Beverages
Any food or beverages for on-site sale should be seal-packaged. For all on-site retail sale, exhibitors should offer proper receipts to consumers. The receipts should clearly indicate the company name of the exhibitor, the transaction date and amount.
All exhibitors should note that no elaborate food preparation processes are allowed at the fairground. Exhibitors are NOT allowed to cook or reheat any food items for sale, unless the items are intended for free tasting without any retail transaction or an Exhibitor has obtained the necessary Temporary Food Factory Licences and food permits from the FEHD and displayed the same at an eye-catching location of the Exhibitor’s booth.
Exhibitors who wish to conduct retail sales of restricted items like milk, ice-cream and frozen confections should apply for the necessary food permits from the FEHD.
Exhibitors who will carry out on-site food processing activities must provide Hong Kong Trade Development Council (HKTDC) at least 30 days before the Food Expo notification in writing with the type of food items to be processed and whether the items are for free tasting or for sale. Where sale of on-site processed food will be conducted, the exhibitor is also required to provide HKTDC a copy of its Temporary Food Factory Licence at the same time.
[For inquiries, please contact FEHD at: (852) 2868 0000 or http://www.fehd.gov.hk/english/licensing/]
(2)        Fire Regulation
No open fire is allowed at the fairground for any purpose.
[For inquiries, please contact HKTDC (852) 2240 4470].
(3)        Food Labelling
All pre-packaged food and beverages exhibited or offered at the Food Expo must comply with the Food and Drug (Composition and Labelling) Regulations (Cap.132W) to have the prescribed label and nutrition label written in Chinese, English or both.
[For inquiries, please contact Centre for Food Safety at (852) 2868 0000 or visit its website at www.cfs.gov.hk.]
(4)        Undesirable Medical Advertisements Ordinance
Any exhibits, which include any kind of medicament, other curative or preventive substance or orally consumed products expect those customarily consumed as food or drink, and whether a proprietary medicine, a patent medicine, or purported natural remedy, must conform to the requirements under the Undesirable Medical Advertisements Ordinance (Cap. 231) on labeling and advertisements. Any labeling or advertisement should not contravene the provisions of the Ordinance. [For inquiries, please contact the Department of Health at (852) 2961 8989 or (852) 2961 8991 or visit its website at http://www.dh.gov.hk/.]
(5)        Registration of Proprietary Chinese Medicines
According to Chinese Medicine Ordinance (Cap 549), all proprietary Chinese medicines must first be registered by the Chinese Medicines Board of the Chinese Medicine Council of Hong Kong before they can be imported, manufactured or sold in Hong Kong. All proprietary Chinese medicines must also carry a prescribed label and be attached with package insert according to the provision of the Ordinance.
[For inquiries, please contact the Secretariat of the Chinese Medicine Council of Hong Kong at (852) 2121 1888 or http://www.cmchk.org.hk.]
(6)        Product Genuineness & Product Labelling
Please note that the Organiser has the sole discretion to examine or test any ginseng, antler, dried seafood or Chinese soup ingredients which are suspected to be not genuine.  
(7)        Retail Sales Activities for Overseas Exhibitors
According to the provisions of the Immigration Ordinance (Cap. 115), all exhibitors who are not ordinary residents of Hong Kong will be required to obtain a “Temporary Work Visa” when they participate in a public fair in Hong Kong involving retail sales activities; unless a local representative is employed to conduct retail sales activities and the handling of proceeds.
[For inquiries, please contact Immigration Department of the HKSAR at (852) 2824 6111, by fax (852) 2877 7711 or through the Internet http://www.immd.gov.hk/.]

3.26.5 Conditions on Selling and Dispensing Food or Beverages

To comply with the provisions of the Food Safety Ordinance, all exhibitors intending to import or distribute food in the Food Expo are required to register with or obtain exemption from the FEHD.  Application forms and Guidelines on the operation of the Ordinance can be obtained from the Center for Food Safety at 43/F Queensway Government Offices, 66 Queensway, Hong Kong or downloaded at its website at: www.cfs.gov.hk.
[For inquiries, please contact Centre for Food Safety at: (852) 2868 0000 or www.cfs.gov.hk ]
In addition to the provisions of the Food Safety Ordinance, the following conditions on selling and dispensing food or beverages must be observed and complied with by all exhibitors:
Food Permits and Licences
1.         All food and beverages exhibited at the Food Expo must be in hygienic condition of the highest standard and must be fit for human consumption. For the sake of public health, the Organiser maintains the right to demand for valid certificates on the food product quality issued by the relevant health and food safety authorities upon request during the Fair period. If the Organiser has any suspicion on any of the exhibits, given all the circumstantial supportive factors, it may call for immediate removal of the concerned items from display and from sale. In the incidence that repeated verbal warnings are in vain, the Organiser may terminate the exhibitors' right to continue participating in the Fair with immediate effect. Please ensure that there are no fake or unhygienic food products at the fairground.
2.         Exhibitors can offer exhibits for tasting by visitors provided that they are free of charge to the visitors and that such tasting takes place within the designated area to which each exhibitor is assigned by the HKTDC. Exhibitors are strongly recommended that any food or beverages for free tasting should be well packaged or well covered and to be served on one-to-one basis in small quantity. Staff dispensing food or beverages is strongly recommended to wear face masks, gloves and clean clothing.
3.         ANY FOOD or BEVERAGES that exhibitors WARM UP or REHEAT at their booth(s) must be for visitors' FREE TASTING ONLY and MUST NOT BE FOR SALE at the fairground unless the Exhibitor concerned has obtained a Temporary Food Factory Licence from the FEHD for sale of food at the fairground. The said Temporary Food Factory Licence must be displayed at an eye-catching location within the Exhibitor’s booth with copy provided to HKTDC at least 30 days before the commencement of the Food Expo. The Organiser reserves the right to discontinue any sale if the exhibitor fails to present the said licence by the deadline.
4.         Only pre-packaged food samples i.e. samples of any food packaged, whether completely or partially, in such a way that the contents cannot be altered without opening or changing the packaging, the food in which is ready for presentation to the visitors as a single food item, can be sold to the visitors at the exhibition venue.
5.         All exhibits, whether sold to or tasted by the visitors, must be within the expiry date of consumption, which must be clearly marked on the containers or packers or otherwise for pre-packaged exhibits. Any other food or beverages supplied to visitors for tasting must be not older than would normally be expected of or commonly acceptable in relation to that particular kind of food or beverages.
6.  All sales of beverages must be closed and sealed to prevent spilling.
7.         The latest Food Laws in Hong Kong shall become effective immediately upon posting of the same on the website of Centre for Food Safety at www.cfs.gov.hk. Once the amended laws have been posted, exhibitors will be deemed to have notice of the same and have complied with the amended laws.
8.         Depending on the nature of the exhibits, exhibitors will be required to apply for food permits/licences from the FEHD. Any such food permit / licence obtained by the exhibitors must be displayed at an eye-catching location in the booth and have to be copied to HKTDC at least 30 days before the commencement of the Food Expo.
On-site Food-processing Activities and Storage
9.  No open fire is allowed at the fairground and all exhibitors should note that no elaborate food preparation processes are allowed at the exhibitors’ booth(s).
10. Means of food processing shall be restricted to steaming, or at most, grilling methods, while deep-fried or Yakitori is not permitted.
11.       Any warming or re-heating of the food products must take place within the stands in the exhibition venue to which each exhibitor is assigned by HKTDC and shall only be done by microwave ovens and small frying pans heated by electric appliances of good working condition only. HKTDC reserves the right to request exhibitors to remove immediately without notice any appliance that HKTDC regards as defective, dangerous or improper. Each exhibitor is only allowed to install one microwave oven and one other electrical appliance in his/her respective stand. Exhibitors are also responsible for ordering sufficient power supply to support their electric cooking appliances. Booths with grilling must be installed with charcoal-filtered range hood in order to minimise problems of indoor air pollution. HKTDC Exhibition Services can offer officially recognised charcoal-filtered range hoods for rent. Any exhibitor wishing to install any additional ovens or appliances must obtain the prior written approval of HKTDC who have an absolute discretion upon whether to give such approval. Notwithstanding that the HKTDC may have given such approval they are at liberty to subsequently withdraw approval at any time.
12.       Booths with sales or distribution of soften ice-cream must be equipped with piping and drainage.
13.       Acceptance of exhibitors which conduct food-processing on-site is subject to the sole decision of HKTDC.
14.       Upon signing the Food Expo Application Form and Declaration the exhibitor agrees to comply with the said conditions, and to exempt HKTDC and Hong Kong Convention and Exhibition Centre (Management) Limited from, and indemnify them against all liabilities whatsoever incurred from any complaint lodged or proceedings instituted by any person arising from food provided by the exhibitor or any offence committed by the exhibitor.
15.       Exhibitors should avoid causing possible nuisance of oil fumes generated from frying and warming of food. As a safety measure, cooking appliances facing aisles are required to be shielded off by 30cm high panels above the stove top on three sides to avoid spillage of cooking oil or hot water.
16. All exhibitors should ensure that storage of food items should be under temperature-controlled conditions in refrigerators, freezers or other appropriate appliances of good and proper working condition. Prior arrangements should be made with HKTDC for the supply of 24-hour electricity throughout the duration of the exhibition. (Please refer to Form 7 in "Additional Facilities and Services Order Form")

3.26.6 Conditions on Tasting and Sales of Alcoholic Beverages

Below are the rules and conditions governing the tasting and sales of alcoholic beverages during the Food Expo.
•           All exhibitors are required to declare if their participation would involve alcoholic beverages.
•           The supply and sales of alcoholic beverages by the glass in any catering form without a valid Temporary Liquor Licence within the exhibition venue is strictly prohibited and any breach thereof shall result in the exhibitor concerned being disallowed from continuing to participate in the exhibition. Exhibitor conducting alcoholic beverage promotion within the exhibition venue should comply with the Dutiable Commodities (Liquor) Regulations of the Dutiable Commodities Ordinance, Laws of Hong Kong Cap. 109. According to the Dutiable Commodities Ordinance, “alcoholic liquor” means any liquid which contains more than 1.2% of ethyl alcohol by volume, such as sheung ching, mow toi, ko leung, brandy, whisky, gin, rum, vodka, champagne, still wine, beer, cider, sake and etc.
•           Since the legislative amendments to the Dutiable Commodities Ordinance took effect from 6 June 2008, wine/liquor traders are no longer required to apply for any licences or permits for the import or export, manufacture, storage or movement of wine and liquor with an alcoholic strength of not more than 30% by volume measured at a temperature of 20ºC. No valuation of the alcoholic beverages concerned for duty purpose will be required. However, the existing licensing/permit controls on liquors with an alcoholic strength of more than 30% by volume measured at a temperature of 20ºC remain unchanged.  Exhibitors of such liquors should forward a copy of the removal permit for duty-paid goods issued by the Customs & Excise Department to the HKTDC at least 30 days before the commencement of the Food Expo for records.
•           Exhibitors conducting sales or tasting of alcoholic beverages during the Food Expo should observe the following rules and conditions:
•           Consumption or tasting of alcoholic beverages must be done in the following ways:

  •  
    •  
      • for those exhibitors who wish to conduct alcoholic beverages free tasting within the exhibition booth, they must apply for the relevant Temporary Liquor Licence directly from the Hong Kong Police at least 30 days before the commencement of the Food Expo. Only a person who is already in possession of a full Liquor Licence will be considered to be issued with a Temporary Liquor Licence. Any such Temporary Liquor Licence an exhibitor obtained must be displayed at an eye-catching location in the booth AND have to be copied to HKTDC at least 30 days before the commencement of the Food Expo.

2)         Unless a Temporary Liquor Licence is obtained, all sales of alcoholic products must be bottled or canned, and no sales and/or free-tasting of alcoholic beverages by the glass or open-bottle would be allowed. Exhibitors conducting alcoholic beverage promotion within the exhibition venue should comply with the Dutiable Commodities (Liquor) Regulations of the Dutiable Commodities Ordinance (Cap. 109) wherever appropriate.
•           Alcoholic beverages MUST NOT be tasted by or sold to visitors aged below 18. In case of any doubt, please request visitors to show a proof of age, e.g. Hong Kong ID Card.
•           It is necessary to post a sign stating a message to the above effect.
For details on the application for a Temporary Liquor Licence, please contact General Licensing Section of the Hong Kong Police at (852) 2860 6524 or email to general-licensing@police.gov.hk .
For compliance with the Dutiable Commodities Ordinance, please contact Customs & Excise Department at (852) 2815 7711 or http://www.customs.gov.hk.

3.26.7 Product Genuineness

To protect the welfare of the visitors, products sold, dispensed, promoted or displayed at the Food Expo must be genuine and conform to the labels affixed to them and their package insert.
Please note that the Organiser has the sole discretion to examine or test any ginseng, antler, dried seafood or Chinese soup ingredients regarding the product genuineness. The Organiser will take the examination or test results into account when considering whether or not to accept the application of the exhibitor for the upcoming Food Expo.
Government Officials from FEHD, Department of Health and Customs & Excise Department will also conduct regular inspections onsite during the Fair period.

3.26.8 Guidelines on Processing Food & Beverages

For the sake of public hygiene, exhibitors should follow the Food Hygiene Code issued by the FEHD in processing food and beverages and strictly follow the guidelines below.
•           Exhibitors should have their body temperature measured daily before entering the fairground. If you do not feel well, especially when you have a fever (body temperature higher than 38ºC/100.4ºF) and/or respiratory symptoms such as coughing, sneezing, do not attend the function. Consult a doctor promptly.
•           Exhibitors are strongly recommended that any food or beverages for free tasting should be well packaged or well covered and to be served on one-to-one basis in small quantity. Staff dispensing food or beverages is strongly recommended to wear face masks, gloves and clean clothing. All food, beverages and tableware must be stored and covered properly.
• Any food or beverages for on-site sale should be sealed packaged.
• Maintain good personal hygiene. Wash your hands with liquid soap, and then dry with a disposable towel or a hand drier before processing food, after going to the toilet, when your hands are contaminated by respiratory droplets or other bodily secretions or after touching rubbish.
• Do not cough or sneeze toward any food and beverages. Do not spit or litter.
• All exhibitors should ensure that exhibits are displayed only in the stands specifically assigned to them and that they keep their stand dry, clean and tidy. All rubbish or packing materials should be disposed of in the garbage bags and placed in the refuse collection area in the exhibition venue at the end of an exhibition day.
•           Exhibitors should keep potentially hazardous food at 4ºC or below, or at 60ºC or higher. If the food items are frozen, they must be stored frozen (preferably stored at -18ºC or below).  Potentially hazardous food that is intended for immediate consumption may be displayed or held for service at temperatures between 4ºC and 60ºC for a period of not more than 4 hours, otherwise it should be discarded.
[The Food Hygiene Code issued by the FEHD can be downloaded at http://www.fehd.gov.hk/english/publications/code/code_index.htm]

3.26.9 Catering Services

According to the regulations of the Hong Kong Convention & Exhibition Centre (HKCEC), no catering items or service provided from outside HKCEC is permitted, and HKCEC security will take action against the delivery of any catering items.
Exhibitors may have food and drinks at the cafeteria inside the exhibition halls or at the restaurants. Should you require in-house delivery service, you may also contact the HKCEC directly at (852) 2582 8888.

3.26.10Regulations on Sales of Restricted Food

Restricted Foods
According to the provisions of the Food Business Regulation (Subsidiary Legislation X of Chapter 132 of the Laws of Hong Kong), no person shall sell, or offer or expose for sale, or possess for sale the following kinds of food and beverages which are restricted foods in Hong Kong except with the relevant licences or permits issued by the FEHD:

  1. (a) Fresh meat

(b) Chilled meat other than pre-packaged chilled beef, mutton or pork
(c) Pre-packaged chilled beef, mutton or pork
(d) Frozen meat

  1. Fresh, chilled or frozen game

 

  1. Fresh, chilled, frozen or live fish, excluding live fish on a fish farm
  1. (a) Live water birds, excluding live water birds on a poultry farm or in a wholesale market

(b) Other live poultry, excluding live poultry on a poultry farm or in a wholesale market
(c) Fresh, chilled or frozen poultry carcass

  1. Fresh, chilled or frozen shell fish, excluding shell fish collected in the Hong Kong Harbour and Harbour in Aberdeen which is prohibited food.

 

  1. Imported cooked or dried meat or imported meat which has been otherwise treated or prepared
  1. Imported intestines or other parts of any animal which are prepared in the form of sausage casings

 

  1. Imported pies, sausages or other prepared or manufactured articles of food which contain any meat or cooked or dried meat other than fat

 

  1. Milk or any milk beverages, being milk or a milk beverage to which the Milk Regulation (Cap 132 sub. leg. AQ) applies
  1. (a) Soft ice cream

(b) Other frozen confections

  1. Chinese herb tea

 

  1. Non-bottled drinks (which generally mean drinks prepared for immediate consumption but required no storage in sealed bottles, cans or other containers, e.g. fresh fruit juice, diluted drinks prepared from concentrates, soya bean juice and drinks sold from a manual dispensing machine)
  1. Siu Mei (燒味) or Lo Mei (鹵味)

 

  1. Cut fruit
  1. Leung Fan (涼粉)

 

  1. Man Tau Lo (饅頭籮)
  1. Food sold by means of a vending machine

 

  1. Sashimi
  1. Sushi

 

  1. Oyster to be eaten in raw state
  1. Meat to be eaten in raw state

Note:   According to the “Guide to Import of Game, Meat and Poultry into Hong Kong” published by the Food Safety Centre, the word “chilled” can be referred to the pre-chilling process of food with subsequent storage at a temperature between 0ºC and 4ºC. Similarly, according to the “Food Hygiene Code” issued by the FEHD, the word “frozen” can be referred to the state in which the temperature of a food is reduced below its freezing point and the majority of the water inside the food undergoes a change in state to form ice crystals. To maintain the quality of frozen food, a temperature of –18ºC or less is preferred.
In addition to the provisions of the Food Business Regulation, Exhibitors must observe the provisions in the Import and Export Ordinance (Chapter 60 of the Laws of Hong Kong) concerning the import of food and also the provisions of the Imported Game, Meat and Poultry Regulations (Chapter 132AK of the Laws of Hong Kong) concerning the import of game, meat and poultry into Hong Kong.
Sale of Restricted Foods
Exhibitors who intend to conduct sale of any of the above restricted foods in the Food Expo are required to obtain the necessary Restricted Food Permit from the FEHD and submit copy of the permits to HKTDC at least 30 days before the commencement of the Food Expo for records.
A Temporary Food Factory Licence is also required for any Exhibitor who intends to conduct sale of any pre-cooked restricted food or beverages reheated for consumption at the Food Expo. A copy of the licence should be forwarded to HKTDC at least 30 days before the commencement of the Food Expo for records.Both the Form of Application for Permit (FEHB95A) and the Form of Application for a Temporary Food Factory Licence (FEHB 201) can be downloaded from the website of FEHD at www.fehd.gov.hk .  For enquiries, please call the 24-hour hotline of FEHD at (852) 2868 0000.

3.26.11 Regulations on Importation of Food Products

Food importers, through close liaison with exporting countries, are responsible for ensuring that food items they procure comply with the local legislation. To help ensure hygienic standards of food, importers are encouraged to obtain health certificates issued by health authorities of countries of origin to accompany their imports certifying that the food products concerned are fit for human consumption.
There are specific legal requirements or administrative arrangements for the import of the following selected food items due to their perishable or high-risk nature:
(a)        game, meat and poultry;
(b)        milk and milk beverages;
(c)        frozen confections; and
(d)        marine products.
FEHD has prepared individual leaflets advising on the proper procedures for importing the above food items respectively:
–          Guide to Import of Food into Hong Kong
–          Guide to Import of Milk and Milk Beverages into Hong Kong
–          Guide to Import of Frozen Confections into Hong Kong
–          Guide to Import of Game, Meat and Poultry into Hong Kong
–          Guide to Import of Marine Products into Hong Kong
–          Guide to Application for Import Licence for Frozen Meat, Chilled Meat, Frozen Poultry and Chilled Poultry.
These leaflets can be collected at the Centre for Food Safety of FEHD at 43/F, Queensway Government Offices, 66 Queensway, Hong Kong or browsed at: the website of Centre for Food Safety at www.cfs.gov.hk

  •  
    •  
      • Health Certificate by Local Health Authority on Food Products
    • Regardless of the type of food product, exhibitors are required to present a health certificate issued by their respective local health authority for importation into Hong Kong. A copy of the health certificate should be forwarded to HKTDC at least 30 days before the commencement of the Food Expo for records.
      • Close Watch on Latest News Regarding Food Safety
    • Exhibitors should keep a close watch on the latest news published by the Centre for Food Safety on its website at www.cfs.gov.hk to ensure their display and/or promoted food products are safe for public consumption.
      • Prior Approval for Importation of Restricted Food Items
    • The importations of restricted food items require prior approval for importation from FEHD. These restricted items include frozen confections (including ice cream), milk and milk beverages, etc. A copy of the approval, if applicable, should be forwarded to HKTDC at least 30 days before the commencement of the Food Expo for records.
    • The application forms are downloadable from the website of FEHD at: http://www.fehd.gov.hk/english/forms/fehb95.pdf.
      • Regulated Items
    • There are specific legal and administrative requirements under the Public Health and Municipal Services Ordinance (Cap.132) for the import of any food containing regulated items such as added colouring matter, metal, artificial sweeteners, aflatoxins, erucic acid and/or other prohibited substances, preservatives and/or antioxidants and endangered species ingredients. Exhibitors are required to conform with these requirements to ensure that their products are fit for local sale or consumption.
    • Further information on importation of regulated items can be found at the websites of Customs & Excise Department at www.customs.gov.hk and the Centre for Food Safety of FEHD at www.cfs.gov.hk.
      • Freight Forwarder
    • Exhibitors may contact any Freight Forwarder for further details regarding importation of food products. The contacts of some Freight Forwarders are listed on the website of Hong Kong Exhibitions and Convention Industry Association (HKECIA) at http://www.exhibitions.org.hk/english/members_company_a.php.
    • energy
    • protein
    • carbohydrates
    • total fat
    • saturated fatty acids
    • trans fatty acids
    • sodium
    • sugars
    •  
      • visiting the online Government Bookstore at http://www2.bookstore.gov.hk;
      • calling the Publications Sales Unit of Information Services Department at (852) 2537 1910 or sending an email to puborder@isd.gov.hk; or
      • downloading the order form from the ISD website at http://www.isd.gov.hk and submit the order online or by fax to (852) 2523 7195.
    • Other Relevant Legislations

      Other than the laws and regulations mentioned in the foregoing sub-sections, Exhibitors shall also comply with the provisions of relevant legislations for example:
      (i)         Under the Prevention of Bribery Ordinance (Cap.201), any person who, without lawful authority or reasonable excuse, offers any advantage to a public servant as an inducement to or reward for that public servant's exercise of his duties commits an offence;
      (ii)       Under the Public Health and Municipal Services Ordinance (Cap. 132), which imposes restrictions on and requirements for, amongst others, preparation and adulteration of drugs; possession for the purpose of sale, exposition and advertising of drugs injuriously affected in their quality, constitution or potency by means of adulteration; prohibitions against sale to the prejudice of purchasers of drugs not of the nature or quality demanded by purchasers; prohibitions against sale, exposition or possession for sale of drugs intended but unfit for use by man; and prohibitions against sale and display of drugs for sale with false or misleading labeling or advertising;
      (iii)       Under the Animals and Plants (Protection of Endangered Species) Ordinance (Cap. 187), restrictions related to the control of endangered species;
      (iv)       Under the Undesirable Medical Advertisements Ordinance (Cap.231), which imposes, amongst others, prohibitions against advertisements likely to lead to the use of any medicine, surgical appliance or treatment for certain diseases and all orally consumed products as prescribed in such Ordinance and abortion;
      (v)        Under the Waste Disposal Ordinance (Cap. 354), which makes provisions for the control and regulation of the production, storage, collection and disposal including the treatment, reprocessing and recycling of waste of any class or description, the licensing and registration of places and persons connected with any such activity, the protection and safety of the public in relation to any such activity and other related matters;
      (vi)       Under the Trade Descriptions Ordinance (Cap. 362), whichimposes, amongst others, prohibitions against application of false trade description to goods or services; possession for sale or for any purpose of trade or manufacture of goods with false trade description; prohibitions against supply of goods or services with false trade description; prohibitions against forging trade mark or application of false trade mark to goods; prohibitions against import and export of goods with false trade description or forged trade mark; and prohibitions against unfair trade practices including without limitation misleading omissions, aggressive commercial practices, bait advertising, bait and switch and wrongly accepting payment.

      (vii)  Under the Pharmacy and Poisons Ordinance (Cap.138), which imposes restrictions on and requirements for, amongst others, possession and sale (both retail and wholesale) of poisons by registered pharmacists; registration of premises where poisons are kept for the purposes of retail sale; the requirement of prescription by a registered medical practitioner, registered dentist or registered veterinary surgeon for sale of certain designated poisons; labeling of and containers for poisons; storage and transport of poisons; and manufacture, import and export for pharmaceutical products. In particular, attention should be drawn to the restrictions relating to the control of medicines containing any western medicine as ingredients, and references should be made to the latest information and news posted on the website of Drug Office, Department of Health: 
      http://www.drugoffice.gov.hk/eps/do/index.html
      Please refer to the various ordinances for details. The full text of the ordinances can be downloaded from the website: http://www.legislation.gov.hk/index.htm.
      Government publications can also be purchased through the following channels:

      The exhibitor agrees to comply with the said conditions, and to exempt HKTDC and Hong Kong Convention and Exhibition Centre (Management) Limited from, and indemnify them against all liabilities whatsoever incurred from any complaint lodged or proceedings instituted by any person arising from any offence committed under or breach of any of the aforesaid laws, rules and regulations by the exhibitor.

      *The latest Exhibitors' manual would be upload to official website in late May 2016, in which the updated rules and regulations would are included.

       

  • 3.26.12 Food & Drugs (Composite and Labelling) Regulations

    The Food and Drugs (Composition and Labelling*) Regulations (Cap. 132W of the Laws of Hong Kong SAR) make it mandatory for all prepackaged food to carry a prescribed label of prepackaged food and a nutrition label marked or labeled with its energy value and nutrient. Both labels shall be in either the English or the Chinese language or in both languages.
    Violation of the Food and Drugs (Composition and Labelling) Regulations is an offence. Offenders found guilty are liable to a fine of up to HK$50,000 and to imprisonment of up to 6 months. 
    The label of prepackaged food must provide information of 1) food name/designation; 2) list of ingredients; 3) indication of “best before” or “used by” date; 4) statement of special condition for storage or instructions for use; 5) full name and address of manufacturer or packer; 6) count, weight or volume; 7) declaration of the presence of substances which are known to cause allergy on food labels. And, additive constituting one of the ingredients of a prepackaged food shall be listed by both its functional class and its specific name.
    The nutrition label must contain the following 8 aspects and should also cover the amount of any claimed nutrients:

    All Hong Kong and overseas exhibitors that intend to conduct selling of prepackaged foods at HKTDC Food Expo should make sure their products carry the required nutrition label. 
    For exhibitors selling prepackaged foods that have a total sales volume of less than 30,000 units a year in Hong Kong, and the prepackaged foods do not provide any nutrition claims, they are eligible to apply for a Small Volume Exemption (SVE) at the Centre for Food Safety under the FEHD. Upon approval, the Centre will issue to the exhibitor an exemption number per food application for use in the course of its selling at the Fair. SVE should only be applied by Hong Kong manufacturers or Hong Kong importers. Overseas exhibitors are advised to apply for their SVE via their Hong Kong importers/distributors/agents.  
    Prepackaged food samples that have no required nutrition labels and are not exempted should only be offered for free food tasting or promoted as display items. They are not allowed to be sold at the Food Expo.  
    Officials from the FEHD may conduct random inspections onsite during the Fair period. The Organiser may, given all circumstantial supportive factors, call for immediate removals of the alleged food items from sale. In the incidences that repeated warnings are in vain, the Organiser has the discretion to terminate the exhibitors’ right to continue participating in the Fair with immediate effect. 
    To comply with the requirements of the Regulations, Exhibitors should refer to the Guidelines/Guidance Notes issued by the Centre for Food Safety, available at its website at www.cfs.gov.hk and including the following:
    -           Trade Guidelines on Preparation of Legible Food Label
    -           Trade Guidelines on Serving Size of Prepackaged Food For Nutrition Labelling
    -           Labelling Guidelines on Food Allergens, Food Additive and Date Format
    -           Technical Guidance Notes on Nutrition Labelling and Nutrition Claims
    -           Method Guidance Notes on Nutrition Labelling and Nutrition Claims
    -           Guide to Application for Small Volume Exemption 
    For further details regarding the Food and Drugs (Composition and Labelling) Regulations, please contact the Food Safety at: (852) 2868 0000 or visit its website at http://www.legislation.gov.hk/eng/home.htm.
    IMPORTANT NOTICE
    During the Fair period, exhibitors must observe and pay special attention to the following relevant ordinances & rules for Chinese medicine & health products (3.26.13 to 3.26.15):

    3.26.13 Chinese Medicine Ordinance and Other Relevant Legislations

    Chinese Medicine Ordinance (Cap. 549 of the Laws of Hong Kong)
    The Ordinance which was passed by the Legislative Council on 14 July 1999 established a regulatory system for the protection of public health, the accomplishment of a professional status for Chinese medicine practitioners and the enhancement of safety, quality and efficacy of Chinese medicines in Hong Kong.  The contents of the Chinese Medicine Ordinance include the composition and functions of the Chinese Medicine Council, Chinese Medicine Practitioners Board, Chinese Medicines Board and the seven committees established under the Chinese Medicine Council; the regulatory system for Chinese medicine practitioners, which includes registration, examination and discipline of Chinese medicine practitioners; and the regulatory system for Chinese medicines, which includes licensing and regulation of Chinese medicines traders and registration of proprietary Chinese medicines.
    All exhibitors are reminded that they must hold a valid Retailer Licence (Exhibition) in Chinese Herbal Medicines for selling or offering Chinese medicines at the Fair.  For details on the application of the Licence, please contact the Chinese Medicine Council of Hong Kong at (852) 2121 1888 or email to info@cmchk.org.hk.
    Registration System and Statutory Requirements for Proprietary Chinese Medicines Implemented
    In accordance with s.119 of the Chinese Medicine Ordinance (Cap. 549), all proprietary Chinese medicines must be registered under the Ordinance with the Chinese Medicines Board of the Chinese Medicine Council of Hong Kong before they can be imported, possessed or sold in Hong Kong.   Any person who sells, or imports, or possesses any unregistered proprietary Chinese medicine shall commit an offence and upon conviction shall be sentenced at maximum for a fine at HK$100,000 and imprisonment for 2 years. 
    Sections 143 and 144 of the Ordinance also impose an offence  on any person who sells, or has in his possession for the purpose of selling, any proprietary Chinese medicine without a label and a package insert which does not comply with the prescribed requirements and the maximum penalty is a fine of $100,000 and 2-years’ imprisonment.
    All Hong Kong and overseas exhibitors are reminded that they must fulfill the obligations imposed by the Chinese Medicine Ordinance before they can possess, sell, market, display, exhibit or deal in any other ways with proprietary Chinese medicines at the Fair(s).  Summaries of the operation of the Ordinance in respect of Chinese herbal medicines and proprietary Chinese medicines can be found on the website of the Chinese Medicine Council of Hong Kong at http://www.cmchk.org.hk/. For a full text of the Ordinance, please browse the website of the Bilingual Law Information System at http://www.legislation.gov.hk/eng/home.htm.

    3.26.14 Undesirable Medical Advertisements Ordinance

    The Department of Health of the HKSAR Government has set forth very strict rules and regulations relating to drug labeling. The Undesirable Medical Advertisements Ordinance, Cap.231 of the Laws of Hong Kong, prohibits the advertising of any medicine, surgical appliances or treatment for the prevention or treatment of diseases or conditions specified in the Schedules 1 and 2 of the Ordinance. Advertisements include any notice, poster, pamphlet and label on product and any announcement made orally or by means of producing or transmitting light or sound. It is possible that representatives from relevant government departments would conduct an on-site inspection during the Fair for any misbehaviors or irregularities.
    Exhibitors are reminded that sections 2 to 8 of the Undesirable Medical Advertisements Ordinance has taken effect from 1 June 2012 so that the prohibition or restriction on advertisements of six prescribed group of health claims (relating to breast lumps, genitourinary system, endocrine system, body glucose, blood pressure and blood lipids or cholesterol) is extended to all orally consumed products, except those customarily consumed as food or drink.

    The maximum penalty for contravention of the Ordinance is also increased to $50,000 and 6-months’ imprisonment for a first offence and $100,000 and 1-year’s imprisonment for a second or subsequent offence.
    The full text of the Ordinance can be downloaded from the Bilingual Law Information System at http://www.legislation.gov.hk/eng/home.htm.
    For compliance with the requirements of the Ordinance, Exhibitors should also consult the Guidelines on Undesirable Medical Advertisement Ordinance available at the website of the Drug Office of the Department of Health at www.drugoffice.gov.hk.
    The exhibitor agrees to comply with the said conditions, and to exempt HKTDC and Hong Kong Convention and Exhibition Centre (Management) Limited from, and indemnify them against all liabilities whatsoever incurred from any complaint lodged or proceedings instituted by any person arising from any offence committed under the regulations by the exhibitor.

    3.26.15 Rules & Regulations for Imports and Exports of Chinese Medicines

    The import and export of proprietary Chinese medicines and 36 types Chinese herbal medicines (including 31 Chinese herbal medicines specified in Schedule 1 and the 5 Chinese herbal medicines specified in Schedule 2 (Flos Campsis (凌花);processed Radix Aconiti (製烏);processed Radix Aconiti Kusnezoffii (製烏);Radix Clematidis (威仙)and Radix Gentianae (龍膽) of the Chinese Medicine Ordinance ) as listed in the First Schedule to the Import and Export (General) Regulations (Chapter 60, sub Leg.A), Laws of Hong Kong, are subject to licensing control. Importation / Exportation of these articles must be covered by an import/export licence issued by the Department of Health.
    Please note that importation/exportation of proprietary Chinese medicines and 36 types Chinese herbal medicines without an import/export license may violate the Import and Export (General) Regulations.  Such violation constitutes an offence and offenders found guilty are liable to a fine of up to HK$500,000 and to imprisonment of 2 years.  For details of the relevant provisions of the Regulations, please browse the website www.legislation.gov.hk.
    1)         An Import or Export Licence must be applied to cover the consignment before the arrival or departure of the goods.  Application should be submitted after completion of Import Licence Form 3 and Export Licence Form 6, by hand to the Chinese Medicine Section, Chinese Medicine Division of the Department of Health, at 16/F., AIA Kowloon Tower, Landmark East, 100 How Ming Street, Kwun Tong, Kowloon.
    Details of the applications for import/export permit for Chinese herbal medicines and proprietary Chinese medicines can be found in the Guidelines issued by the Chinese Medicine Division of Department of Health which are available on its website at www.cmd.gov.hk.
    2)         In the case of an import licence application, the applicant will be given the original and duplicate of licence. The original is to enable the licensee to take delivery of the goods from the carrier (shipping company, airline or transportation company). Pease note that under Section 8 of the Import and Export Ordinance (I & E Ordinance), the original must be presented to the carrier within 7 days after importation of the goods, irrespective of whether delivery of the goods is taken. The duplicate is for the licensee’s retention.
    3)         Under Sections 6C(1) and 6D(1) of the I & E Ordinance, no person shall import or export pharmaceutical products and medicines except under and in accordance with a licence issued by the Director-General of Trade and Industry. Sections 6C(2) and 6D(3) of the I & E Ordinance stipulate that any person who contravenes Sections 6C(1) and 6D(1) shall be guilty of an offence and shall be liable on conviction to a fine of $500,000 and to imprisonment for two years.
    4)         For further information, please contact Drug Office Drug Registration and Import/Export Control Division of the Department of Health at (852) 23198458 or visit its website at www.drugoffice.gov.hk.
    5)         The exhibitor agrees to comply with the said conditions, and to exempt HKTDC and Hong Kong Convention and Exhibition Centre (Management) Limited from, and indemnify them against all liabilities whatsoever incurred from any complaint lodged or proceedings instituted by any person arising from any offence committed under the regulations by the exhibitor.

    3.26.16 Protection of Endangered Species of Animals and Plants Ordinance

    The Protection of Endangered Species of Animals and Plants Ordinance (the Ordinance), Cap. 586, is the local legislation which gives effect to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) in Hong Kong. The Ordinance requires a licence to be issued in advance by the Agriculture, Fisheries and Conservation Department for the import, introduction from the sea, export, re-export or possession of specimens of a scheduled species, whether alive, dead, its parts or derivatives (including medicines). The Ordinance also specifies the circumstances under which no licence is required for trade in endangered species. The control regime follows closely the requirements under CITES.
    The Ordinance applies to all parties, including traders, tourists and individuals, who conduct activities involving endangered species. For details of the Ordinance and guidelines for applying necessary licences, please visit the website of the Agriculture, Fisheries and Conservation Department at http://www.afcd.gov.hk/eindex.html.

    3.26.17 Environmental Levy Scheme on Plastic Shopping Bags <NEW>

    Introduced under the Product Eco-responsibility Ordinance (Cap. 603) ("PERO"), the Environmental Levy Scheme on Plastic Shopping Bags seeks to address the problem of excessive plastic shopping bag use. The Product Eco-responsibility (Amendment) Bill 2013 for the full implementation of the Scheme was introduced into the Legislative Council. It was approved by the Legislative Council on 19 March 2014 and will come into effect on 1 April 2015. The Product Eco-responsibility Ordinance imposes duty on seller to charge for plastic shopping bags if there is a sale by retail of goods to a customer. The seller must charge the customer an amount not less than 50 cents for each plastic shopping bag or each pre-packaged pack of 10 or more plastic shopping bags. Any person who fails to comply commits an offence and will be liable to a fine at HK$100,000 on the first occasion and to a fine at $200,000 on each subsequent occasion.
    For further information, please contact the Environmental Protection Department at (852) 31522299 or email psb@epd.gov.hk.