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Source: Hong Kong Government special administrative region

Source: Hong Kong Government special administrative region – 4

     Following is a question by Dr the Hon Elvin Lee and a written reply by the Secretary for Commerce and Economic Development, Mr Algernon Yau, in the Legislative Council today (July 15):

Question:

     The Consumer Council (Council) announced at the beginning of this year that the overall number of complaints received in 2025 has ended the three-consecutive-year upward trend, falling back to 38 187, a decrease of 6 per cent compared with 2024. However, there were 18 913 online shopping complaints in the same year, representing a year-on-year increase of 12 per cent and accounting for about 50 per cent of the overall complaints, up from 42 per cent in the preceding year. The total amount involved also increased substantially by 45 per cent to nearly $93 million. In addition, complaints lodged by Hong Kong consumers against Mainland merchants concerning online shopping and non-online shopping have also risen by over 40 per cent respectively, a situation which is a cause for concern. In this connection, will the Government inform this Council:

(1) of the numbers of reports concerning unfair trade practices in online shopping received by the authorities and the relevant enforcement figures in 2024 and 2025, as well as the year-on-year increases in the relevant figures; whether the authorities will introduce further measures to step up inspections and enforcement against unfair trade practices in online shopping; if so, of the details; if not, the reasons for that;

(2) whether the authorities will conduct a dedicated study on reports and complaints about unfair trade practices, so as to ascertain the main categories of goods or industries to which the increased reports and complaints relate; whether the authorities will further review whether the existing legislation, such as the Trade Descriptions Ordinance (Cap. 362) and the Sale of Goods Ordinance (Cap. 26), is adequate to regulate online shopping services, and whether the authorities will consider enacting dedicated legislation to strengthen regulation (in particular targeting cross-boundary online shopping); if so, of the details and implementation timetable; if not, the reasons for that;

(3) given that the Council has joined the “Online Shopping Consumer Protection Express Platform” scheme established by the China Consumers’ Association, and has signed a Memorandum of Understanding to further establish a collaboration mechanism for consumer protection with the Guangdong Consumer Council, whether the Government is aware of whether the Council has assessed the effectiveness of these mechanisms in handling complaints involving Mainland e-commerce traders in recent years, and whether the Council will step up promotion to the public of the channels for lodging complaints about cross-boundary online shopping services; and

(4) given that there are views pointing out that consumers lack understanding of differences in product standards and legal liability in cross-boundary online shopping, whether the Government will step up public education, such as publicising online-shopping “anti-scam tips” and risk reminders for cross-boundary consumption through various media, so as to enhance public vigilance?

Reply:

President,

     As online shopping has become increasingly popular in recent years, consumer habits are gradually shifting from brick-and-mortar models to online channels, and many traders are selling goods or services through online shopping platforms. In view of the changing market landscape, the Consumer Council (Council) has noted a recent increase in complaints regarding goods or services purchased online, as well as a rise in the proportion of such complaints relative to the total. In 2025, complaints regarding online shopping accounted for 50 per cent of the Council’s total complaints, up from 42 per cent in 2024. This rise is primarily due to the increased frequency of transactions conducted online for specific types of goods or services, such as hotel reservations and event ticket purchases. The Government has been committed to considering how to enhance consumer protection, ensuring that transactions take place in an environment that is fair and safeguards the rights and interests of both consumers and traders, regardless of whether goods or services are provided online. In view of the prevalence of online shopping, the Government is also actively strengthening its efforts to protect consumers in this area.

     In response to Dr the Hon Elvin Lee’s question, our reply is as follows:

(1) and (2) The Government is committed to safeguarding the legitimate rights and interests of consumers. Currently, various laws in Hong Kong regulate consumer activities conducted through both physical and online channels. For example, the Sale of Goods Ordinance (Cap. 26), the Control of Exemption Clauses Ordinance (Cap. 71), the Supply of Services (Implied Terms) Ordinance (Cap. 457) and the Unconscionable Contracts Ordinance (Cap. 458) have laid down provisions to regulate relevant consumer contracts, including stipulating implied conditions in the contract of sale of goods (for example, the goods supplied are of merchantable quality and that a buyer has the right to reject defective goods unless he or she has a reasonable opportunity to examine the goods); a supplier of a service is obliged to carry out the service with reasonable care and skill and within a reasonable time; and the courts are empowered to refuse to enforce, or to revise unconscionable terms in consumer contracts for the sale of goods or supply of services.

     On the other hand, the Trade Descriptions Ordinance (Cap. 362) (TDO) prohibits traders from engaging in unfair trade practices against consumers, including false trade descriptions, misleading omissions, aggressive commercial practices, bait advertising, bait and switch, and wrongly accepting payment. The TDO covers both goods and services, and is applicable to both physical and online traders.

     As the principal enforcement agency of the TDO, the Customs and Excise Department (C&ED) is committed to combatting unfair trade practices at source, and adopts a three-pronged approach, including compliance promotion targeting traders, enforcement actions, and publicity and public education.

     Regardless of whether sales or transactions are conducted online, the C&ED will take resolute enforcement action if there is any suspected unfair trade practice. Regarding online shopping, the C&ED received 3 602 and 2 526 complaints concerning suspected unfair trade practices in 2024 and 2025 respectively. During the same period, the C&ED successfully prosecuted four cases involving unfair trade practices in online shopping. The C&ED has been closely monitoring complaint figures and trends, including the sectors most frequently associated with unfair trade practices, the goods and services involved, and sales channels, and adjusting its enforcement strategies in light of actual circumstances. To address unfair trade practices associated with online shopping, in addition to following up on reported cases, the C&ED will monitor different types of illegal online activities by using tools for evidence collection and investigation, and initiate follow-up actions and prosecutions where appropriate. If local or overseas websites are found to be conducting illegal activities, the C&ED may demand such websites to remove the relevant contents or links. Depending on the circumstances, joint operations with overseas enforcement agencies will also be mounted as and when required. If the cases involve offences falling outside the purview of the C&ED (such as the offence of fraud), the C&ED will refer such cases to other relevant law enforcement agencies for immediate follow-up.

     In addition, the C&ED has proactively engaged with major online Mainland shopping platforms to establish communication mechanisms, facilitate exchanges, and strengthen compliance promotion. Earlier this year, the C&ED signed a Memorandum of Understanding (MOU) with two cross-border e-commerce platforms, Taobao Tmall Hong Kong and Jingdong Group, to establish closer communication and collaboration mechanisms, strengthen compliance promotion, thereby providing more comprehensive protection of consumers’ rights and interests.

     The Government will continue to keep a close watch on relevant complaint and enforcement figures, and review trends in unfair trade practices so as to formulate appropriate response strategies in protecting consumers’ rights and interests.

(3) and (4) The Council endeavours to study and promote the protection of consumers’ rights and interests, and carries out its statutory functions in accordance with the Consumer Council Ordinance (Cap. 216), including the handling of complaints relating to goods and services of and the provision of advice to consumers, conducting surveys and studies on issues of consumers’ interest, as well as disseminating consumer information through CHOICE articles.

     The Council has actively strengthened the protection of consumers’ rights and interests in cross-border online shopping. In addition to participating on a trial basis in the “Online Shopping Consumer Protection Express Platform” established by the China Consumers’ Association, the Council signed an MOU to further establish a collaboration mechanism for consumer protection with the Guangdong Consumer Council in 2024, to strengthen co-operation between Guangdong and Hong Kong in safeguarding consumer rights and interests through cross-boundary complaint referrals, sharing of consumer information and regular exchanges, enhance the efficiency of resolving cross-boundary consumer disputes, and promote the integrated development of the Guangdong-Hong Kong-Macao Greater Bay Area’s consumer markets.

     In addition, the Council has been actively seeking to sign MOUs with consumer protection organisations in various places to establish a mechanism for referring cross-border complaints, including Macao and more than 30 Mainland provinces and municipalities. When the Council receives complaints regarding cross-border online shopping that involve non-local traders, the Council handles and follows up on these cases in an orderly and effective manner in accordance with established complaint handling mechanisms, through case referrals and information exchange with relevant consumer protection organisations. The Council will continue to handle cross-border online shopping complaints along the above direction and encourage consumers to seek assistance when needed.

     To more effectively safeguard consumer rights and interests in cross-border online shopping, in October 2025, the Council established the Working Group on Cross-border Consumer Protection and E-commerce Development, comprising representatives from local and Mainland e-commerce enterprises and other stakeholders to provide professional advice on relevant standards development, industry best practices and trends in cross-border consumer complaints etc, thereby strengthening the protection of consumers’ rights and interests in respect of cross-border online shopping activities and reducing consumer disputes. To address cross-border consumer issues arising from differences in laws and standards between Hong Kong and other places concerning various goods, the Council will remind consumers from time to time of the potential risks associated with cross-border consumer activities. For example, last year, the Council issued a consumer alert jointly with the Guangdong Consumer Council and Macao Special Administrative Region Government Consumer Council, appealing to consumers to pay careful attention to the differences in policies, logistics arrangements and product standards among the three places, and has published relevant CHOICE articles on relevant topics from time to time.

Source: Hong Kong Government special administrative region – 4

     Following is a question by the Hon Lam Wai-kong and a written reply by the Secretary for Labour and Welfare, Mr Chris Sun, in the Legislative Council today (July 15):
 
Question:
 
     Hong Kong has experienced several adverse weather events in recent years, which seriously affected the safety of employees working outdoors and commuting to and from work. In this connection, will the Government inform this Council:
 
(1) whether it has compiled statistics on the respective numbers of cases in which employees sustained an injury or died while at work and commuting to and from work due to adverse weather and extreme conditions in each year since 2024, as well as the number of labour disputes resulting from such cases; if not, whether the Government will collect the aforesaid statistics in the future;
 
(2) whether the Labour Department (LD) will consider incorporating guidelines into the “Code of Practice in Times of Adverse Weather and ‘Extreme Conditions'” (Code of Practice) to recommend employers to conduct safety risk assessments in advance for employees who need to work in times of adverse weather and extreme conditions; if so, when it plans to revise the relevant Code of Practice; if not, the reasons for that;
 
(3) whether the LD will consider recommending in the Code of Practice that employers, after assigning “designated staff” on duty in times of adverse weather and extreme conditions, should provide the “designated staff” concerned with travel allowance covering the direct route from his place of work to his place of residence; if so, when it plans to amend the relevant Code of Practice; if not, the reasons for that; and
 
(4) given that some employers may abuse the “designated staff” arrangement under the Code of Practice to shift risks to insurance companies through the employees’ compensation insurance policies, resulting in insurance companies raising employees’ insurance premiums for the entire industry with the costs eventually borne by all employers in the industry, will the Government consider requiring the employers to take out additional insurance for “designated staff” working under adverse weather and extreme conditions, thereby preventing insurance companies from raising employees’ compensation premiums across the entire industry and alleviating the overall premium burden on employers?

Reply:
 
President,
 
     The Labour Department (LD) published the revised “Code of Practice in Times of Adverse Weather and ‘Extreme Conditions'” (CoP) in May this year, reinforcing the reminder to employers on three major principles of formulating work arrangements under adverse weather or extreme conditions, which include formulating work arrangements in advance, giving prime consideration to employees’ safety and complying with requirements of labour legislation. The current CoP also includes corporate examples for employers’ reference.
 
     The reply to the Member’s question is as follows:

(1) Under the Employees’ Compensation Ordinance (ECO), employers are liable to pay compensation for injuries or deaths occurred when employees are travelling by a direct route from their residences to their workplaces, or from their workplaces back to their residences after work, within a period of four hours before or after the working hours on a day when the adverse weather (including Tropical Cyclone Warning Signal No. 8 or higher, a Red or Black Rainstorm Warning Signal) or extreme conditions are in force. 

     During 2024 to June 2026, the numbers of reported employees’ compensation cases relating to the aforementioned adverse weather and extreme conditions received by the Employees’ Compensation Division of the LD are set out below:
 

	2024	2025	January to June 2026
Non-fatal cases	25	121	5
Fatal cases	0	1	0

     In general, the number of reported employees’ compensation cases relating to the adverse weather and extreme conditions received each year is inevitably affected by the weather conditions during the year, resulting in occasional greater fluctuations.
 
     On the other hand, the Labour Relations Division of the LD has started to capture the number of employment claims arising from adverse weather or extreme conditions since September 2025. As at June this year, no related claim was recorded.

(2) The CoP has stipulated that employers should make prior work arrangements and contingency measures in times of adverse weather and extreme conditions with employees and give prime consideration to the safety of employees. Wherever possible, employers should avoid assigning employees to work in times of adverse weather (such as tropical cyclones and rainstorms) or extreme conditions. If it is unavoidable that employees have to work under the above conditions, the employers should conduct risk assessment and take suitable safety measures in advance to minimise the work-related risks as far as reasonably practicable, so as to ensure the safety and health of the employees at work with a view to fulfilling the employers’ general duty provisions under the Occupational Safety and Health Ordinance.

(3) The CoP has emphasised that if employees are required to report for duty at workplaces when Tropical Cyclone Warning Signal No. 8 or higher, Black Rainstorm Warning Signal or extreme conditions are in force (i.e. “designated staff”) without provision of transport service to and from their workplaces by employers, the employers should grant these employees a travelling allowance. The CoP has included corporate examples to illustrate such arrangements for reference of employers and employees.

(4) The ECO stipulates that all employers shall have in force a policy of insurance to cover their liabilities under the law (including the common law), encompassing liabilities to pay compensation if an employee (including a “designated staff”) sustains an injury or dies as a result of an accident while commuting between his residence and workplace within the period of adverse weather or during which extreme conditions are in force. Insurance companies in general will take into account the underwriting risks of different industries/occupations, the earnings of employees, the claims history of and the risk prevention measures taken by the employers concerned, etc. in drawing up insurance premium quotations.