Source: Hong Kong Government special administrative region – 4
Following is a question by Dr the Hon Hoey Simon Lee and a written reply by the Secretary for Commerce and Economic Development, Mr Algernon Yau, in the Legislative Council today (October 8):
Question:
It is learnt that in recent years, the sale of products in the form of “blind boxes” (i.e. commodities whose contents are unidentifiable by consumers in advance) has become increasingly common among some merchants. However, such sales model has also aroused consumers’ concerns about their rights and interests as well as its impact on minors. In this connection, will the Government inform this Council:
(1) whether the authorities have regulated the sales model of “blind boxes” under the current legal and regulatory framework;
(2) as there are views that under the sales model of “blind boxes”, consumers are more inclined to pursue the thrill and chance-taking mentality from not being able to identify the contents of the “blind box” items in advance rather than the items themselves, whether the Government has assessed the gambling elements that may be inherent in the sales model of “blind boxes” and its impact on minors;
(3) it is learnt that some European Union countries, Singapore and the Mainland have imposed regulation on the sale of “blind boxes”, whether the authorities will consider drawing on the experience of the aforesaid countries to improve the current regulatory framework for the sales model of “blind boxes”;
(4) it is learnt that in addition to “blind boxes” available for sale offline, consumers can also purchase “blind boxes” sold outside Hong Kong through online platforms, whether the authorities have assessed if the existing legislation and regulation are sufficient to guard against such risks relating to tax avoidance and prohibited articles that may be associated with “blind boxes” sold outside Hong Kong; and
(5) as the State Administration for Market Regulation issued the Guidelines on Rules for Blind Box Business Operations (for Trial Implementation) in June 2023, which include a specific negative sales list prohibiting the sale of certain commodities such as medicinal products, medical devices as well as flammables and explosives in the form of “blind boxes”, while also imposing restrictions on products such as cosmetics and food that have a bearing on public health, whether the Government will consider drawing on such practice to regulate the sales practice of commodities relating to public health and safety?
Reply:
President,
Having consulted the Home Affairs and Youth Bureau, the Health Bureau, the Environment and Ecology Bureau, the Security Bureau, the Financial Services and the Treasury Bureau, and the Hong Kong Customs and Excise Department (C&ED), our consolidated reply to various parts of the question is as follows:
The Government has been committed to safeguarding the rights and interests of consumers, and attaches great importance to the safety of products sold in the market. Regarding “blind boxes” which have gained popularity in recent years, we note that other jurisdictions, including the Mainland, have been regulating, among others, relevant sales practices and product safety.
Currently, various laws are in place in Hong Kong to protect the rights and interests of consumers. Among others, the Trade Descriptions Ordinance (Cap. 362) prohibits traders from subjecting consumers to unfair trade practices, including false trade descriptions, misleading omissions, aggressive commercial practices, bait advertising, bait-and-switch and wrongly accepting payment. The Trade Descriptions Ordinance covers goods and services, and is applicable to the trade practices of both physical and online traders. A trader deploying any of the above unfair trade practices when selling “blind boxes” to consumers will contravene the law.
The C&ED, as the principal enforcement agency of the Trade Descriptions Ordinance, has been actively combating unfair trade practices through enforcement actions, compliance promotion, and publicity and public education, with a view to protecting consumer rights and interests. If a trader is suspected of having engaged in unfair trade practices, the C&ED will take enforcement actions decisively. On the other hand, the Consumer Council endeavours to study and promote the protection of consumers’ rights and interests, including handling consumer complaints concerning goods and services. If consumers suspect that a trader is engaging in unfair trade practices when selling “blind boxes”, they could report the matter to the C&ED or file a complaint with the Council.
In addition, at present, various laws in Hong Kong regulate the safety of different types of products or articles. Any person supplying relevant products or articles to consumers, regardless of the form, packaging and sales channel, is responsible for ensuring that their safety complies with the relevant legal requirements.
In respect of toys products, the Toys and Children’s Products Safety Ordinance (Cap. 424) regulates the safety of toys, which are manufactured, imported or supplied for local use. The Toys and Children’s Products Safety (Additional Safety Standards or Requirements) Regulation also stipulates that a toy supplied in Hong Kong must carry information including identification markings (i.e. the full name and address of the manufacturer, importer or supplier) and the bilingual warnings or cautions (with respect to the safe keeping, use, consumption or disposal) applicable to the toy.
For drugs (including pharmaceutical products and proprietary Chinese medicines (pCms)), the current regulations aim to ensure that drugs meet relevant standards for safety, quality and efficacy, thereby safeguarding public health and safety. They must be registered under the Pharmacy and Poisons Ordinance (Cap. 138) (PPO) or the Chinese Medicine Ordinance (Cap. 549) before they can be sold. All registered pharmaceutical products and pCms must bear labels that correspond to the registration particulars, clearly stating information such as the Hong Kong registration number, product name, active ingredients, manufacturer information, etc. Selling drugs in the form of “blind boxes” may violate relevant legislation. When purchasing drugs, members of the public should carefully read the information on the packaging labels, and should not buy or use products of doubtful composition or from unknown sources.
As regards medical devices, some products are already regulated by existing legislation, including the PPO, the Consumer Goods Safety Ordinance (Cap. 456) and the Trade Descriptions Ordinance etc, depending on the characteristics and features of the products concerned. Before purchasing and using medical devices, members of the public should also thoroughly familiarise themselves with the product to ensure it meets their needs. The Government is actively developing Hong Kong into an international health and medical innovation hub, and will set up the Hong Kong Centre for Medical Products Regulation in 2026, implement “primary evaluation” for new drug registration in phases and submit a legislative proposal on regulating medical devices, to enhance medical products regulation.
As regards dangerous goods, the Dangerous Goods Ordinance (Cap. 295) and its subsidiary legislation regulate the manufacture, storage, conveyance and use of dangerous goods (including explosives and inflammable substances). A trader supplying any dangerous goods regulated under the above legislation in the form of “blind boxes” must comply with the legal requirements. If the articles inside the “blind boxes” are commonly used in daily life and available in retail stores (such as alcohol handrub/sanitiser, glue, etc), and the container sizes of which do not exceed the maximum package size specified in the Dangerous Goods (Application and Exemption) Regulation 2012, they are classified as dangerous goods in consumer packs, and will be exempted from the packing, marking and labelling requirements.
As regards food, according to the Public Health and Municipal Services Ordinance (Cap. 132), all food sold in Hong Kong shall be safe for human consumption. It must also comply with the subsidiary legislation under the aforementioned ordinance concerning food safety and food safety standards. Specifically, according to the Food and Drugs (Composition and Labelling) Regulations, unless exempted, the labelling or marking of the prepackaged food for sale in Hong Kong, whether in the form of “blind boxes” or not, must include relevant information, including indication of durability, statement of special conditions for storage or instructions for use, information on energy value and nutrient content, etc, in either the English or the Chinese language or in both languages.
Moreover, the safety of consumer goods which are ordinarily supplied for private use in Hong Kong, if not covered by other legislation, is subject to the regulation of the Consumer Goods Safety Ordinance and its subsidiary legislation, the Consumer Goods Safety Regulation. Pursuant to the Consumer Goods Safety Ordinance, manufacturers, importers and suppliers should ensure that the consumer goods they supply are reasonably safe. The Consumer Goods Safety Regulation stipulates that any warning or caution marked on the package of consumer goods must be in both the English and the Chinese languages in a legible and conspicuous manner.
The Government will continue to closely monitor the trends of unfair trade practices and the latest requirements for safety standards of various articles to formulate appropriate strategies, thereby protecting consumers’ rights and interests and safety.
Furthermore, there are strict regulations in Hong Kong on the import and export of all prohibited/controlled items and dutiable commodities. These regulations are applicable to all modes of import and export, including articles purchased through cross-border electronic commerce platforms. According to the Import and Export Ordinance (Cap. 60), import and export of all controlled items (including dangerous drugs, arms, ammunition, weapons, controlled chemicals, pharmaceuticals, and animals and plants, etc) must be accompanied by a valid licence or permit issued by the relevant authorities. Any person who brings any controlled item into/out of Hong Kong (whether by person, by post, or through purchasing agents or consolidated consignments) without a valid licence or permit may be prosecuted, in addition to confiscation of the subject item. In terms of tax, apart from four categories of dutiable commodities that are subject to duty under the Dutiable Commodities Ordinance (Cap. 109) (i.e. liquor, tobacco, hydrocarbon and methyl alcohol), Hong Kong does not impose duty on any other imported or exported goods. Any person who imports or exports dutiable goods must obtain a valid permit from the C&ED and make proper declaration on the manifest. For consumption of dutiable goods in Hong Kong, one must ensure that the relevant duty has been duly paid.