Page 6 - Retailers_Spring_2012

Although there are those who think that unofficial pledges during electioneering might not become future policy commitments of the new Chief Executive, I personally think that the views expressed by voters of the Wholesale & Retail trade were not based narrowly on sectorial interest but rather the overall and long term best interests of Hong Kong. The concerns expressed by our trade should be shared by anyone who becomes our new Chief Executive. I look forward to seeing Mr. Leung maintaining his open-mindedness in his future engagement with various trades and his continuous efforts to understand the concerns of the Wholesale & Retail trade and to help move the local economy forward.

The conclusion of the Chief Executive election also marked the end of the current Government Administration which will expire at the end of June. The current Administration was trying to pass various outstanding bills into law in the remaining months including the 《Personal Data (Privacy) (Amendment) Bill 2011》which is nearing the end of Committee Stage review. The Government has agreed to introduce amendments to the law requir ing a customer ’s written acknowledgement that he or she “has no objection” before data transfer could be ef fected. This will replace the current law whereby “a customer who does not respond within 30 days would be considered as accepting” a transfer of his or her personal data. This amendment ensures that there would be clear written communication between a merchant and his customer and would avoid unnecessary arguments and therefore should be acceptable to the business.

Trade Descriptions (Unfair Trade Practices) (Amendment Bill) 2012》 is another piece of legislation the trade is concerned about. This Amendment Bill was tabled at Legco in March for review. Although this Bill does not include a mandatory “cooling off” period for prepaid services or purchase, some legislators have already made demand for this to be included in the law during the first Bills Committee meeting.

Although there were calls for the introduction of a “cooling off” period for sales agreements, the introduction of this concept into the law would unavoidably affect the sale of goods. I therefore will defend the trade’s interest in the Bills Committee. I also hope that representatives of the Wholesale & Retail trade and the Hong Kong Retail Management Association would relay the views of the trade in the forthcoming public hearing of this Bill. We need to ensure that legislators would appreciate the fact that a “cooling off” period requirement would in no way stop unscrupulous businesses but would suffocate those who are law abiding.

After the change of Government, Legco will also start its new term in October. The 5 th Legco election will be held on 9 September. The Register of Electors will also be updated during the period from 1 April to 16 May. I would like to urge all HKRMA members to remain in the Wholesale & Retail sector although five “super District Council seats” will be created this year. For those who wish to change the Authorised Representative for your corporation or those who have not registered as voters, it is necessary for you to complete the registration process within the specified period in order to cast your vote in September to pick the legislator who could defend the interests of the trade.

可能有意見認為，選舉時的非公開承諾難以作為 上台之後的施政承諾，但個人認為，批發零售界 選舉委員提出的意見，並不是從個別行業的利益 為出發點，而是關心整體的香港利益和未來發展 空間，相信任何一位新首長都會同樣關注的。我 期待。梁先生上任後，一如既往地開放與各行各 業交流意見，了解包括批發零售界在內的關注， 致力推動香港經濟持續發展。

行政長官的選舉結束，也代表本屆政府的任期將 於6月底結束。因此，應屆政府正努力將法例趕 交立法會審議，希望在今年內完成立法，其中與 批發零售行業有關的《2011年個人資料（私隱） （修訂）條例草案》已接近完成審議，就客人的 個人資料的轉讓或售賣與他人，政府已經同意會 進行修訂，機構必須在取得客戶的書面回應“沒 有不同意＂的情況下才可轉讓，取代原先的“若 客戶在30日沒有回應就視為同意＂。這項修訂讓 商戶、機構取得顧客明確的回覆，將可避免不必 要的爭拗，應該為業界接受。

至於為行業關注的《2012年商品說明（不良營商 手法）（修訂）條例草案》剛於3月份提交立法 會進行審議，雖然草案並沒有對預繳服務加入冷 靜期一項，但在首次會議上，已經有其他議員要 求政府將冷靜期重新加入法案！

雖然，坊間要求設立預繳服務冷靜期主要是針對 服務銷售，但一旦要推行的話，相信商品行業也 無法倖免。因此，本人在法案委員會內定會捍 衛，亦希望在即將舉行的聽證會上，包括香港零 售管理協會在內的業界代表，能夠如實反映意 見，讓審議的議員明白冷靜期既不能阻嚇不良營 商者，反而窒礙守法商戶的經營。

特區政府換屆之後，10月份立法會也會換屆，第 5屆立法會的選舉已經定於9月9日舉行，配合選 舉的選民名冊亦由4月1日至5月16日進行更新。 就此，本人向協會所有會員作出呼籲，雖然功能 組別新增加了五席“超級議員＂，但希望已登記 的業界選民能夠繼續留在界別內，計劃更改授權 投票人的或未登記的商戶，請務必儘快進行修訂 或登記，然後在9月份投下您們神聖的一票，選 出支持香港和捍衛行業合理權益的議員。

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