Charging for Condiments and Fancy Water - Are Restaurants Crossing the Line?
By HK Lawyer AJ Halkes Barrister-at-Law
A friend recently found an unexpected charge on his bill at a dim sum restaurant—an extra fee for a small chili sauce condiment he never ordered. It wasn’t within the traditional “tea money” (“cha gaai” – is sort of tea & mustard, so includes condiments), but this one was listed as a separate food item.
And what about high-end restaurants that place a fancy but innocuous plain bottle of “water” on the table, then quietly add it to your bill? Or small dishes of peanuts appearing unannounced—would you expect to pay extra for salt and pepper?
Sure, customers should always check their bills, and unordered items can be challenged. But if you drank that overpriced bottle of water or used the sauce that you never asked for, is it your fault or obligation to pay?
Is This a Crime?
If a restaurant deliberately places un-ordered items on tables, banking on the hope that customers won’t notice, are they entering criminal territory? If the practice is systematic, it could be deceptive business conduct—or even a conspiracy to obtain some type of advantage.
Of course, proving any case in court would be a challenge. It would likely even require a whistleblower or significant evidence of intent and structure. But even if it never reached a courtroom, imagine the PR disaster when these practices were exposed in the media.
Buyer & Operator Beware
As Hong Kong’s F&B industry works to recover, we can do without sharp practices—full stop. Honest business and service build trust, and trust is worth more than an extra few dollars squeezed from unsuspecting customers.
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If you need specific input regarding a strategic Hong Kong challenge or related legal matters in the HKSAR, you can always DM me and check out my profile at https://www.ajhalkes.com.
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