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The 4th Offence: Bait Advertising (Scenario 2 Offence Explanation)

Offence Explanation

The full-page newspaper advertisement of the supermarket indicated that the XX Cooking Oil is to be supplied at the discounted price of HK$9.9. The Supermarket only offered one box of XX Cooking Oil for supply and thus failed to offer the product for supply at the specified price for a reasonable period and in reasonable quantity. It may constitute the offence of bait advertising under the Ordinance.
 
Although the advertisement also stated that the promotion is for “Today only”, the supermarket only supplied in the morning of the promotional day a small quantity of XX Cooking Oil and thereby failed to accordingly supply the product at the specified price and for the specified period (i.e. during the opening hours of the supermarket on the promotional day). Thus, the supermarket may still have committed the offence of bait advertising under the Ordinance.
 

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