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The Hong Kong Consumer Council has no actual powers of control over, or regulation of, advertising.Its role is to enhance consumer welfare and to empower consumers to protect themselves.Accordingly, the data user must collect the personal data in a lawful and fair manner for a lawful purpose directly related to a function or activity of the data user and engage the formal consent of each data subject to fully notified and informed agreement of the data subject to the express purpose of the subject matter of the invitation such that the entrant data subject is clearly entering for the specific use and purpose set out for entry and only for the submission of personal data to be available for the specific purposes and stated time both as clearly identified in the invitation.Any proposed future use of the personal data in future advertising must also be clearly included in the stated purpose.It is a cardinal maxim of principle guiding all consideration of any possible legislative action or enactment.Apart from the general controls on television and radio advertising, and controls under specific protection laws described below under the control of the Hong Kong government authorities appointed by the law, there is no generally applicable legislated restraint or restriction on advertising.

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Which bodies are primarily responsible for issuing advertising regulations and enforcing rules on advertising?

Must certain advertising receive clearance before publication or broadcast?

Consistent with question 6, there is no regulatory authority with which potential advertisements can be discussed or cleared by advertisers.

The Television Advertising Code and the Radio Advertising Code are collectively referred to as ‘the Broadcast Codes’. Hong Kong has no dedicated registration function or licensing requirement for advertisers or advertising agents per se but the licensed broadcast carriers of advertisements both on television and on radio are required to comply with the respective advertising codes.

May advertisers seek advisory opinions from the regulator?

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