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Hong Kong Food Business Faces Legal Challenge Over Seized Mooncakes
A legal case, KTMP160/2025, is underway concerning the seizure of mooncakes by Hong Kong authorities. The legal framework governing such seizures allows the court to either fully or partially confirm the authorities’ actions, or to refuse acceptance of the act. Should the court reject the seizure,it mandates the return of the confiscated food. if the mooncakes have been destroyed, rendered unfit for consumption, or depreciated in value during the process, the court is obligated to order compensation to the food business, determining a “fair sum” to cover the losses.
The case centers around mooncakes produced by “Shenxin Xiaoguan,” a local food business. Notably, a Food Safety Centre survey conducted in September 2024, and publicly released, indicated that 186 mooncake samples – including those from Shenxin Xiaoguan – passed safety testing. This suggests the seized mooncakes may have been subject to a different standard or a targeted inspection.
Hong Kong Food Safety Regulations: A Deeper Look
Hong Kong’s food safety regulations are primarily overseen by the Food and Environmental Hygiene Department (FEHD). The FEHD is responsible for enforcing laws related to food safety, hygiene, and public health. Seizures typically occur when food is suspected of violating regulations concerning composition, labeling, or hygiene standards. The Public Health and Municipal Services Ordinance (Cap 132) provides the legal basis for many of these actions.
The legal process following a seizure involves the FEHD presenting evidence to the court justifying the action. Businesses have the right to contest the seizure, presenting their own evidence and arguments. The court’s decision hinges on whether the FEHD can demonstrate a legitimate basis for believing the food violated safety regulations. The compensation aspect of the law is designed to protect businesses from undue financial hardship in cases where seizures are ultimately deemed unjustified.
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