Customs Officer Aptitude Practice Questions - Customs Officer Aptitude Test - Hong Kong Customs And Excise Exam

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Passage: 'Under the Trade Descriptions Ordinance, it is an offense for a trader to apply a false trade description to any goods, or to supply goods to which a false trade description is applied. C&ED is the primary enforcement agency. However, if a trader can prove they did not know, and could not with reasonable diligence have ascertained, that the description was false, they may have a defense.' Which of the following represents the main claim of the passage?

Applying false trade descriptions is an offense, but traders may establish a defense by proving lack of knowledge despite reasonable diligence. Traders are exempt from liability under the Trade Descriptions Ordinance if they claim they were too busy to inspect goods. C&ED is legally required to prove that a trader acted maliciously before filing charges under the ordinance. All trade descriptions applied by local Hong Kong merchants are assumed to be false unless verified by C&ED.

Correct Answer:

Applying false trade descriptions is an offense, but traders may establish a defense by proving lack of knowledge despite reasonable diligence.

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