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The 4th Offence: Bait Advertising (Scenario 1 Offence Explanation)

Offence Explanation

The advertisement of Computer Store XX claimed that the laptop will be sold at the discounted price of HK$2,000 during the 5-day Computer Festival. However, it did not state clearly the quantities in which, or the period for which, the laptop is offered for supply at that discounted price, and Computer store XX sold out the laptop in the first morning of the Computer Festival (only 10 available). It fails to offer the laptop for supply at that price, for a period that is, and in quantities that are reasonable. The company may have committed the offence of bait advertising under the Ordinance. However, the trader would have committed no offence if it had stated clearly the period or the quantity in which the advertised products are available, and it offers those products for supply accordingly.
 

Reminder to Consumer

Wise Tips

  1. Consumers should read the content of advertisements in detail and pay attention to the quantities, period, additional charge and restrictive clauses relating to the goods offered by traders.
  2. Consumers can enquire the traders about availability of the goods or services before going to the shops.

 

Access to Redress

  1. To lodge a complaint, as the case may be, with the following organizations:
    1. Customs and Excise Department
    2. Office of the Communications Authority (On broadcasting and telecommunications services)
    3. Consumer Council
  2. If you suffer loss because of conduct of another person that is directed to you and constituted the above-mentioned offence, you may commence civil action for damages:
    1. If the claim does not exceed $50,000: Small Claims Tribunal
    2. If the claim exceeds $50,000, but does not exceed $1,000,000: District Court
    3. If the claim exceeds $1,000,000: Court of First Instance of the High Court
    Besides, as the case may be, you may seek legal advice and/or assistance from:
    1. Professional lawyers
    2. Resource Centre for Unrepresented Litigants
    3. Free Legal Advice Scheme offered by the Duty Lawyer Service
    4. Apply for Legal Aid Schemes from the Legal Aid Department
    5. Apply for the Consumer Legal Action Fund of the Consumer Council