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創 新 科 技 署
Innovation and Technology Commission
香港特別行政區政府
The Government of the Hong Kong Special Administrative Region
Ref: QP 401/1 and QP 401/2 (Cir No. 7/00)
Tel: 2829 4809
24 July 2000
Manufacturers in Hong Kong
except Electrical Products and Food Products
Major Industrial and Trade Organisations
Leading Testing Laboratories
Dear Sirs/Madams,
Quality Services Division
Health and Safety Standards Circular No. 7/00
Hong Kong: Toys and Children’s Products Safety Ordinance and
Consumer Goods Safety Ordinance
This circular is to inform you of the updated definition of ‘approved
laboratories’ for the purpose of testing toys and children’s products under the Toys and
Children’s Products Safety Ordinance (TCPSO) and consumer goods under the
Consumer Goods Safety Ordinance (CGSO).
Testing
2.
The Toys and Children’s Products Safety Ordinance (TCPSO), which was
brought into effect on 1 July 1993, requires that a toy or children’s products
manufactured, imported or supplied for local consumption must be reasonably safe.
The Consumer Goods Safety Ordinance (CGSO), which came into effect on 20 October
1995, imposes a statutory duty on manufacturers, importers and suppliers of consumer
goods (except those goods set out in the Schedule of the CGSO) to ensure that the
consumer goods are reasonably safe.
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3.
A person may, at his own expense, have toys, children’s products and
consumer goods tested by an approved laboratory to determine:
(a) for toys and children’s products, whether they comply with the applicable
requirements of at least one of the sets of safety standards for toys or the
relevant specification for children’s products prescribed in TCPSO; and
(b) for consumer goods, whether they comply with the general safety
requirement or an approved standard.
4.
A court may take into consideration the existence of a certificate issued by an
accredited laboratory in making a decision on a defense for a person to show that he has
taken all reasonable steps and exercised all due diligence to avoid committing an
offence.
Approved Laboratories
5.
Under section 9(1) of TCPSO and section 2 of CGSO, “approved
laboratory” means a laboratory approved in writing by the Commissioner for Innovation
and Technology to conduct specified tests on the goods concerned for the purpose of
these two Ordinances. The Commissioner for Innovation and Technology has
approved the following categories of laboratories as “approved laboratories” for the
purpose of the two Ordinances:
-
all laboratories accredited under the Hong Kong Laboratory
Accreditation Scheme (HOKLAS); and
-
all laboratories accredited under those Schemes which have concluded
mutual recognition agreements (MRAs) with HOKLAS,
subject to the following conditions:
- this approval is confined to those tests in respect of which the
laboratories are accredited and the results of which are issued on test
reports or certificates bearing the logo or accreditation mark of the
Scheme granting the accreditation;
- the approval in respect of a laboratory automatically lapses once its
accreditation is terminated. Where the termination is only in respect
of a particular test or tests, this approval in respect of that test or those
tests automatically lapses upon the termination of accreditation;
- this approval in respect of all those laboratories accredited under a
Scheme which has concluded a MRA with HOKLAS automatically
lapses once the MRA is terminated; and
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- the Commissioner for Innovation and Technology reserves the right to
terminate this approval in respect of any laboratory whenever he sees
fit.
6.
As one of the conditions for such approval is that the accredited test results
should be issued on test reports or certificates bearing the logo or accreditation mark of
the Scheme granting the accreditation, you are advised to request the approved
laboratories to issue test results on such endorsed reports or certificates.
7.
As approval is confined to specific tests in respect of which the laboratories
are accredited, please consult the HOKLAS Directory of Accredited Laboratories for
accredited tests in respect of individual laboratories. Copies of the Directory are
available free of charge at Hong Kong Accreditation Service (HKAS) Secretariat,
which is located on 36/F, Immigration Tower, 7 Gloucester Road, Wan Chai, Hong
Kong. The Directory is also promulgated to members of the public through the
internet at address: http://www.info.gov.hk/itc/hkas. You may also contact HKAS
Secretariat by telephone at 2829 4840 or by fax at 2824 1302. As regards approved
laboratories outside Hong Kong, you may wish to consult HKAS Secretariat or contact
the Secretariats of HOKLAS MRA Partners set out at the Appendix.
8.
This circular supersedes Health and Safety Standards Circulars Nos 13/96 and
18/96 issued on 27 August 1996 and 31 December 1996 respectively.
Enquiries
9.
If you have any enquiries about this circular, please contact the undersigned at
telephone no. 2829 4809.
Yours faithfully,
(Miss Amanda Kwong)
for Commissioner
for Innovation and Technology
Note: While every effort is made to ensure the accuracy of the above information, the Commission cannot
guarantee this to be so and will not be held liable for any reliance placed on the same.