Page:Dutiable Commodities (Amendment) Ordinance 2018.pdf/12

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Dutiable Commodities (Amendment) Ordinance 2018

Part 3
Ord. No. 10 of 2018
Section 7
A631

42. Notice and declaration requirements for remote distribution
(1) Subject to paragraphs (2) and (3), a person who, in the course of business, offers to sell or to supply intoxicating liquor by way of a remote distribution must ensure the offer—
(a) if published in the form of a visual image (including text) or a series of moving visual images—contains both the Chinese version and English version of the prescribed notice;
(b) if published in the form of a sound recording, or an oral communication, expressed in Chinese—includes the contents of the Chinese version of the prescribed notice; or
(c) if published in the form of a sound recording, or an oral communication, expressed in a language other than Chinese—includes the contents of the English version of the prescribed notice.
(2) The prescribed notice referred to in paragraph (1)(a) must be reasonably legible.
(3) Paragraph (1)(a) does not apply to an offer by a person in the form of a visual image (including text) or a series of moving visual images if—
(a) the visual image or images were prepared before the commencement of this regulation; and
(b) it is not reasonably practicable for the person to—
(i) retract the image or images; or
(ii) amend the image or images to contain both the Chinese version and English version of the prescribed notice.