Hong Kong Customs successfully prosecutes nail parlour staff member for engaging in misleading omission commercial practice

Date: 28/01/2019

Hong Kong Customs has successfully prosecuted a manicurist of a nail parlour for engaging in misleading omission commercial practice under the Trade Descriptions Ordinance (TDO). The manicurist was sentenced today (January 28) at Tuen Mun Magistrates' Courts to carrying out community service of 80 hours. She was also ordered to pay the victim $300 in compensation.

Hong Kong Customs earlier received information alleging that a staff member of a nail parlour had engaged in unfair trade practices in the sale of nail beautifying services. After investigation, the manicurist was suspected of misleading a customer to believe that a series of nail treatments were included in the purchased treatment plan. After delivering some of the treatments, the manicurist told the customer that additional charges would be required to complete the remaining procedures. A prosecution was subsequently made.

Customs reminds traders to comply with the requirements of the TDO and consumers to procure services at reputable shops.

Under the TDO, any trader commits an offence of engaging in a commercial practice that omits or hides material information or provides material information in a manner that is unclear, unintelligible, ambiguous or untimely and as a result causes, or is likely to cause, an average consumer to make a transactional decision commits an offence. The maximum penalty upon conviction is a fine of $500,000 and imprisonment for five years.

Members of the public may report any suspected violations of the TDO to the Customs' 24-hour hotline 2545 6182 or its dedicated crime-reporting email account (crimereport@customs.gov.hk).

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