Hong Kong's product liability regime is well-established and systematic. Product liability arises in contract, tort and/or breach of a statutory duty. A consumer can bring an action for negligence against the manufacturer or supplier of defective products when its conduct falls below the standard of care expected at law. Tort liability is fault-based and the liability extends not only to the buyer, but also to other end-users who come into contact with the purchased goods.
In addition to civil liabilities, various ordinances and regulations impose criminal liability for unsafe products on manufacturers, retailers or suppliers. The main governing statute is the Consumer Goods Safety Ordinance (Chapter 456, Laws of Hong Kong) which requires manufacturers, importers and suppliers of consumer products to comply with a general safety requirement and any approved standard that applies to that product. There has also been an increasing public awareness of consumer rights in recent years following the enactment of the amended Trade Description Ordinance. The Customs and Excise Department of the Hong Kong Government has taken an active approach in curbing unscrupulous trade practices including misleading advertising and aggressive sales tactics. There are numerous cases where offenders were sentenced to jail or fined.
DLA Piper Hong Kong has extensive experience in the conduct, management and planning of product liability litigation and dispute resolutions. Our Hong Kong product liability lawyers have in-depth experience representing clients in the following core areas:
