LCQ21: Toys and children's products safety
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Question:
The Government published in the Gazette the Toys and Children's Products Safety Ordinance (Amendment of Schedules 1 and 2) Notice 2026 on March 13 this year, which seeks to update the safety standards for toys and four classes of children's products listed in Schedule 2 (i.e. children's high chairs and multipurpose high chairs for domestic use, children's paints, playpens for domestic use, and wheeled child conveyances) under the Toys and Children's Products Safety Ordinance (Cap. 424). The Notice will take effect in August this year. The industry has reflected that with frequent updates of the standards, small and medium-sized enterprises (SMEs) including importers, retailers and manufacturers face multiple challenges in adapting to new regulations, clearing existing stock and complying with international standards; and at the same time, the influx of large quantities of untested cross-border online-purchased toys into Hong Kong also creates an unfair situation for law-abiding local businesses. In this connection, will the Government inform this Council:
(1) in the past three years and this year to date, of (i) the number of complaints concerning unsafe toys and children's products received, (ii) the number of proactive inspections carried out, (iii) the number of samples taken for testing, (iv) the number of cases found to be in breach of regulations (stating the main causes of non-compliance: excessive levels of plasticiser and heavy metals, small detachable parts posing choking hazards, absence of bilingual warning labels, etc) by the Customs and Excise Department, and (v) the number of prosecutions initiated by the authorities and the penalties imposed on the convicted, with a breakdown of the aforesaid in tabular form;
(2) as it has become increasingly popular in recent years for members of the public to purchase toys through cross-border e-commerce platforms, whether the authorities have compiled statistics on the number and proportion of toys that do not meet the latest safety standards of Hong Kong; if so, of the details; if not, the reasons for that;
(3) in response to the inflow of non-local toys into Hong Kong that are not tested locally, whether the authorities have proactively established cross-regional co-operation and notification mechanisms with the relevant Mainland authorities or major online shopping platforms to block at source the inflow of unsafe toys into Hong Kong; if so, of the details and timetable; if not, the reasons for that;
(4) whether the authorities will consider providing one-stop regulatory advisory services or transitional guidance, with designated personnel assisting SMEs in clarifying the latest toy safety standards of different economies (such as the European Standard BS EN and the International Standard ISO); if so, of the details; if not, the reasons for that; and
(5) given that the latest revised standards will come into force in August this year and many local toy manufacturers have reflected that the transition period is too short such that they may not have enough time to procure and upgrade production machinery and testing equipment in order to comply with the new regulatory requirements, whether the authorities will consider providing a more flexible grace period or transitional arrangements for the industry; if so, of the details; if not, the reasons for that?
Reply:
President,
The Government attaches great importance to ensuring the safety of toys and children's products and regulates the safety of toys and children's products which are manufactured, imported or supplied for local consumption, in accordance with the Toys and Children's Products Safety Ordinance (Cap. 424).
The relevant safety standards set out in the Ordinance are international standards or standards adopted by major economies. The Government keeps in view any updates or amendments made to the relevant safety standards and amends the schedules to the Ordinance annually to update the safety standards applicable to toys and children's products supplied in Hong Kong, ensuring the standards are up-to-date and operative versions. For this year's amendments, the Government submitted the proposed amendments to the safety standards applicable to toys and four classes of children's products, namely "children's high chairs and multi-purpose high chairs for domestic use", "children's paints", "playpens for domestic use" and "wheeled child conveyances", which was laid on the table of the Legislative Council on March 18, 2026.
As the enforcement agency of the Ordinance, the Customs and Excise Department (C&ED) proactively conducts surveillance visits in the market and on online shopping platforms. In light of risk assessment, the C&ED test-purchases different types of toys and children's products and passes them to the Government Laboratory for safety tests. Besides, the C&ED conducts investigations into the complaints received and the cases referred from relevant government departments or organisations and takes appropriate enforcement actions based on facts and evidence. In addition, the C&ED will actively follow up information about suspected unsafe toys and children's products obtained from different sources, such as media coverage, measures taken by the Mainland or overseas places against certain toys and children's products, the news about product safety issued by law enforcement agencies and institutions of product safety outside Hong Kong, etc.
Having consulted the C&ED and the Trade and Industry Department (TID), our reply to the various parts of the question is as follows:
(1) and (2) From 2023 to the end of February 2026, the C&ED received 72 complaints in relation to unsafe toys and children's products, conducted 5 695 surveillance visits and spot checks, conducted 671 product samples testing and investigated 90 cases. During the above period, the C&ED prosecuted the persons or companies involved in eight cases related to toys and four cases related to children's products. All the defendants (including nine companies and two persons) were convicted and fined by the Court, with the amount ranging from $3,000 to $32,000. Furthermore, the C&ED issued 17 prohibition notices to prohibit related persons from supplying products that were believed to be unsafe for a specified period of time; and issued 68 warning letters. Meanwhile, the C&ED conducted 38 blitz checks at boundary control points to combat the import of unsafe toys and children's products into Hong Kong. The relevant figures categorised by year are listed in the table at Annex. The C&ED did not compile statistics on the situation involving cross-boundary e-commerce platforms separately.
All along, the C&ED considers the enforcement priorities in accordance with the established risk management principles and procedures, with a view to ensuring the proper and effective use of resources. Meanwhile, the C&ED conducts risk assessments on individual cases, closely monitoring the toys available in the market as well as on online platforms and stepping up spot checks and safety testing on toys of relatively higher risk. In addition to law enforcement actions, the C&ED strives to strengthen compliance promotion to assist traders (including online platforms) in understanding the requirements of the Ordinance. Regarding the publicity and education, the C&ED has been organising seminars and distributing pamphlets about the Ordinance to provide consumers with the information on toy safety.
(3) As many local goods are purchased through different channels from the Mainland, the C&ED has maintained effective communication and co-operation with the relevant Mainland authorities, covering exchange of information and intelligence on unsafe products under the established notification mechanism. In addition, the C&ED has proactively engaged with major Mainland online shopping platforms to establish closer communication channels, thereby strengthening the efforts to block unsafe products from entering the local market.
In February this year, the C&ED signed a Memorandum of Understanding with the cross-boundary e-commerce platform, namely Taobao & Tmall, to further enhance collaboration and promote compliance so as to jointly prevent unsafe products from entering Hong Kong through online shopping channels, thereby providing more comprehensive protection for local consumers.
(4) According to the Ordinance, toy manufacturers, importers and suppliers are required to comply with all the applicable requirements contained in any one of the three toy standards specified in Schedule 1 to the Ordinance. The Government keeps in view amendments to the safety standards, and at the same time monitors the latest requirements for toys safety standards from law enforcement agencies and institutions of product safety outside Hong Kong, and will update or revise the Schedules to the Ordinance as and when appropriate.
The TID publishes the Commercial Information Circulars about the relevant trade information (including toy safety) on its website to keep the trade informed of the latest safety requirements or standards of markets outside Hong Kong in a timely manner. The C&ED has also been striving to carry out compliance promotion for traders to assist the traders in understanding the relevant toy safety requirements of the Ordinance.
(5) In the light of the updates or amendments to various safety standards by the standardisation bodies concerned, the Government formulates proposals to amend the schedules to the Ordinance annually, conducts public consultation on the amendment proposals to inform relevant stakeholders, including the trade, of the latest amendments to the relevant safety standards and seeks their views on the relevant amendments. Regarding this amendment proposal, we consulted 47 major trade associations (including the Hong Kong Toys Council), children's product suppliers, testing and certification bodies and organisations advocating for children welfare, which did not raise any objection in principle to the proposed updates or request a grace period or transitional arrangement.
In setting the commencement date of the amendments to the schedules to the Ordinance, the Government needs to consider ensuring the safety of toys and children's products supplied in Hong Kong, while taking into account the situation that the trade needs time to adapt to the newly amended standards. We will continue maintaining close communication with the trade through existing channels to jointly ensure the safety of toys and children's products.
Ends/Wednesday, April 1, 2026
Issued at HKT 19:40
Issued at HKT 19:40
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