Cap. 603

An Ordinance to introduce measures to minimize the environmental impact of certain types of products; and to provide for related matters. [30 April 2009](Format changes—E.R. 3 of 2015) (Enacting provision omitted—E.R. 3 of 2015) Part 1 Preliminary 1. Short title (Amended E.R. 3 of 2015)(1) This Ordinance may be cited as the Product Eco-responsibility Ordinance.(2) (Omitted as spent—E.R. 3 of 2015) 2. Purposes of this Ordinance (1) The purposes of this Ordinance are—(a) to minimize the environmental impact of various types of products, which may include plastic shopping bags and other plastic products, vehicle tyres, electrical and electronic equipment, packaging materials, beverage containers and rechargeable batteries; and(b) to that end, to introduce producer responsibility schemes, schemes based on the “polluter pays” principle, or other measures, which may require manufacturers, importers, wholesalers, retailers, consumers or any other parties to share the responsibility for the reduction in the use, or the recovery, recycling or proper disposal, of those products.(2) Such schemes or measures may include (but are not limited to) the following—(a) a product take-back scheme under which a manufacturer, importer, wholesaler or retailer is required to collect certain products for proper waste management;(b) a deposit-refund scheme under which a consumer is required to pay a deposit to be refunded on the return of certain products to a specified collection point;(c) the imposition of a recycling levy or fee to finance the proper waste management of certain products; (Amended 3 of 2016 s. 3)(d) the imposition of an environmental levy or a charge to discourage the use of certain products; (Amended 4 of 2014 s. 3)(e) the restriction on the disposal of certain products at any designated waste disposal facility as defined in section 2 of the Waste Disposal (Designated Waste Disposal Facility) Regulation (Cap. 354 sub. leg. L); and(f) the prohibition or restriction on the manufacture, sale, supply, distribution, use or display of certain products. (Added 27 of 2023 s. 31)(Amended 27 of 2023 s. 31) 3. Interpretation (1) In this Ordinance— (Amended 35 of 2025 s. 4)authorized officer (獲授權人員) means a public officer authorized under section 6; body corporate (法人團體) means— (a) a company as defined by section 2(1) of the Companies Ordinance (Cap. 622); or (b) a company incorporated outside Hong Kong; (Added 4 of 2014 s. 4) Director (署長) means the Director of Environmental Protection;disposable (即棄)—see section 3C; (Added 27 of 2023 s. 32)made of oxo-degradable plastic (氧化式可分解塑膠製)—see section 3B; (Added 27 of 2023 s. 32)made of plastic (塑膠製)—see section 3A; (Added 27 of 2023 s. 32)plastic (塑膠)—see section 3A; (Added 27 of 2023 s. 32)plastic shopping bag (塑膠購物袋) means a plastic shopping bag to which this Ordinance applies according to section 18;prescribed product (訂明產品) means any product mentioned in section 4;product (產品) includes any article, material and substance;regulated article (受規管物品) means an article constituted by—(a) a product specified in column 2 of Part 2 of Schedule 8; and(b) a container that is—(i) specified in column 3 of that Part opposite to the product and containing that product; and(ii) airtight and sealed by machine or with the aid of a tool; (Added 13 of 2016 s. 3) regulated electrical equipment (受管制電器) means electrical equipment or electronic equipment that— (a) is set out in column 2 of Part 1 of Schedule 6 and is defined in column 3 of that Part; and (Amended 27 of 2023 s. 8) (b) has not been used by any consumer as defined by section 31, but does not include e-waste as defined by section 2(1) of the Waste Disposal Ordinance (Cap. 354); (Added 3 of 2016 s. 4) regulated plastic product (受規管塑膠產品) means a product the manufacture, supply (within the meaning of section 59) or display of which is prohibited or restricted under Part 6, or is subject to a requirement under that Part; (Added 27 of 2023 s. 32)Secretary (局長) means the Secretary for Environment and Ecology. (Amended L.N. 144 of 2022)(2) In this Ordinance— (Amended 35 of 2025 s. 4)(a) a reference to any product includes a reference to any part of the product;(b) a reference to a function includes a reference to a power and a duty; and(c) a reference to the performance of a function includes a reference to the exercise of a power and the discharge of a duty. 3A. Meanings of plastic and made of plastic (1) For the purposes of this Ordinance, plastic is a material consisting of a polymer (other than a natural polymer that has not been chemically modified), whether or not an additive or any other substance has been added to the material.(2) For the purposes of this Ordinance, a product is made of plastic if it is wholly or partly made of a material mentioned in subsection (1).(3) For the purposes of subsection (2), if the polymer of which a material mentioned in subsection (1) consists—(a) is used merely as an additive in the production of the material; and(b) does not function as a major structural component of the product,the material is to be disregarded in determining whether or not the product is made of plastic.(4) In subsection (3)—major structural component (主要結構組成部分), in relation to a product, means a component of the product that is capable of maintaining its form without a substrate. Example— A laminated layer on the surface of a product. (Added 27 of 2023 s. 33) 3B. Meaning of made of oxo-degradable plastic For the purposes of this Ordinance, a product is made of oxo-degradable plastic if—(a) it is made of plastic; and(b) there is added to the plastic an additive that, through oxidation, would lead to fragmentation of the plastic into micro-fragments or to chemical decomposition of the plastic.(Added 27 of 2023 s. 33) 3C. Meaning of disposable For the purposes of this Ordinance, a product is disposable if it is not designed to be used for the purpose for which it was designed more than once, or on more than one occasion, before being disposed of.(Added 27 of 2023 s. 33) Part 2 Prescribed Products: General Provisions Division 1 Application 4. Prescribed products to which Part 2 applies This Part applies in relation to plastic shopping bags, regulated electrical equipment, regulated articles and regulated plastic products.(Amended 3 of 2016 s. 5; 13 of 2016 s. 4; 27 of 2023 s. 34) Division 2 Regulations: general powers 5. General provisions as to regulations made under this Ordinance (1) In this section, regulation (規例) means any regulation made under section 29, 44, 55 or 100. (Amended 3 of 2016 s. 6; 13 of 2016 s. 5; 27 of 2023 s. 35)(2) A regulation may do all or any of the following—(a) apply generally or be limited in its application by reference to specified exceptions or factors;(b) make different provisions for different circumstances and provide for a particular case or class of cases;(c) empower the Secretary or Director to grant exemptions from any requirement, either generally or in a particular case;(d) provide for the performance by the Director or an authorized officer of any function under the regulation;(e) authorize any matter or thing to be determined, applied or administered by a specified person or group of persons;(f) prescribe any matter that by this Ordinance is required or permitted to be prescribed by a regulation;(fa) specify an appealable matter mentioned in section 13; (Added 3 of 2016 s. 6)(g) provide for such incidental, consequential, evidential, transitional, savings and supplemental provisions as are necessary or expedient for giving full effect to the provisions of this Ordinance;(h) generally provide for the better carrying out of the provisions and purposes of this Ordinance.(3) A regulation may make it an offence for a person to do or omit to do any specified act and may authorize—(a) the imposition of a fine, not exceeding $500,000, for such an offence;(b) if the offence is a continuing one, the imposition of a further fine of $10,000 for each day or part of a day during which the offence has continued; and(c) the imposition of a sentence of imprisonment for a period of not more than 12 months. Division 3 Enforcement 6. Authorized officers (1) The Director may, in writing, authorize a public officer not below the rank of Environmental Protection Inspector to perform such functions of the Director or an authorized officer under this Ordinance as are specified in the authorization.(2) When performing a function under this Ordinance, an authorized officer must, if required, produce his written authorization granted under this section.(3) An authorized officer performing a function under this Ordinance may take with him such persons as he reasonably requires to assist him in the performance of the function. 7. Powers to obtain information, enter places for routine inspection, etc. (1) An authorized officer may, in relation to any record or document required to be kept by a person under this Ordinance, do all or any of the following—(a) require the person to produce the record or document for inspection;(b) require the person to provide all reasonable assistance, information or explanations in connection with the record or document;(c) remove and retain the record or document for such period as may be reasonably necessary for further examination or reproduction, or until the relevant proceedings under this Ordinance have been heard and finally determined.(2) An authorized officer may require a person to provide any information that is in the possession or under the control of the person and is reasonably necessary to enable the officer to ascertain whether this Ordinance has been or is being complied with. (Amended 4 of 2014 s. 5; 3 of 2016 s. 7)(3) For the purpose of ascertaining whether this Ordinance has been or is being complied with, an authorized officer may, at any reasonable time, enter a place to which the public are permitted to have access, and may do all or any of the following—(a) observe and inspect any activity, operation, process or procedure involving prescribed products;(b) require a person in charge of the place to produce any record or document relating to prescribed products or to any levy, charge or fee imposed under this Ordinance; (Amended 4 of 2014 s. 5)(c) make copies of any record or document produced under paragraph (b);(d) subject to subsection (4), take such samples of any products as the officer may reasonably require for the purpose of examination and investigation.(4) If required by the person having the lawful custody of such products, the authorized officer shall pay for—(a) the market price of the samples he proposes to take; or(b) if the market price is unknown or not readily ascertainable, a reasonable price of those samples.(5) For the avoidance of doubt, a person is not liable for breach of any duty of confidentiality arising from the disclosure of any information that he is required to provide under this Ordinance.(6) An authorized officer must not disclose any record, document or information produced or provided to him under this section unless he is satisfied that it is necessary to make the disclosure for the purposes of any proceedings under this Ordinance.(7) In this section, a reference to a person includes a reference to anyone acting for or on behalf of the person. 8. Power of entry and search (1) Where a warrant has been issued under subsection (2) in respect of a place, an authorized officer may enter and search the place in accordance with this section.(2) A magistrate may issue a warrant authorizing an authorized officer to enter and search a place only if—(a) the magistrate is satisfied by information on oath that there are reasonable grounds for suspecting that—(i) an offence against this Ordinance has been or is being committed in the place; or(ii) there is in the place anything that constitutes, or is likely to constitute, evidence that an offence against this Ordinance has been or is being committed; and(b) the magistrate is satisfied that—(i) it is not practicable to communicate with a person entitled to grant entry to the place;(ii) such a person has unreasonably refused entry to the place by an authorized officer;(iii) an authorized officer apprehends on reasonable grounds that entry to the place is unlikely to be granted unless a warrant is issued; or(iv) the purpose of entry to the place would be prejudiced unless an authorized officer arriving at the place can secure immediate entry.(3) An authorized officer who enters and searches a place under a warrant must, if required, produce the warrant for inspection.(4) A warrant issued under this section continues in force until the purpose for which the entry is necessary has been satisfied.(5) An authorized officer who enters a place under this section may do all or any of the following—(a) require any person present at the place to provide such assistance or information as may be necessary to enable the officer to perform his functions under this Ordinance;(b) search and seize anything that the officer reasonably believes to be evidence of the commission of an offence under this Ordinance;(c) retain the thing for such period as may be reasonably necessary for further examination or reproduction, or until the relevant proceedings under this Ordinance have been heard and finally determined.(6) An authorized officer must perform his functions under this section at a reasonable hour unless he believes that the purpose of their performance could be frustrated if he performs them at a reasonable hour.(7) In this section, place (地方) includes any vehicle and vessel. Division 4 Offences 9. Providing false information, etc. (1) A person who, in purported compliance with this Ordinance, produces or provides any record, document or information that is false or misleading in any material particular commits an offence and is liable on conviction to a fine at level 6.(2) It is a defence to a charge under subsection (1) for the person charged to prove that—(a) he did not know and had no reason to believe the record, document or information to be false or misleading; or(b) he exercised due diligence to avoid the commission of the offence.(3) A person who, without reasonable excuse, omits any material particular from any record, document or information required to be produced or provided by him under this Ordinance commits an offence and is liable on conviction to a fine at level 6. 10. Obstructing authorized officers, etc. (1) A person who wilfully obstructs or delays an authorized officer in the performance of any of his functions under this Ordinance commits an offence and is liable on conviction to a fine at level 5.(2) A person who, without reasonable excuse, fails to comply with a requirement properly made of him by an authorized officer under this Ordinance commits an offence and is liable on conviction to a fine at level 4. 11. Offences by body corporate If—(a) a body corporate commits an offence under this Ordinance; and(b) it is proved that the offence was committed with the consent or connivance of a director of, or a person concerned in the management of, the body corporate,the director or that person also commits the offence and is liable on conviction to the penalty provided. Division 5 Appeals 12. Interpretation of Division 5 of Part 2 In this Division—appeal (上訴) means an appeal made under section 13;Appeal Board (上訴委員會) means the Appeal Board established by section 14(1);Chairman (主席) means the Chairman of the Appeal Board appointed under section 14(2) and includes any person acting as the Chairman under section 16;Deputy Chairman (副主席) means the Deputy Chairman of the Appeal Board appointed under section 14(4);legally qualified (具所需法律資格) means qualified for appointment as a District Judge under section 5 of the District Court Ordinance (Cap. 336);panel member (備選委員) means a member of the panel of persons appointed under section 14(3). 13. Appeals (1) A person who is aggrieved by a decision of a public officer relating to an appealable matter may, within 21 days after the date on which the notice about that matter is served on him, appeal to the Appeal Board by giving a notice of appeal to the Director stating the reasons for the appeal. (Amended 4 of 2014 s. 6)(2) In this section—appealable matter (可上訴事宜) means a matter that is specified in this Ordinance as a matter on which an appeal may be made under this section. (Replaced 4 of 2014 s. 6. Amended 3 of 2016 s. 8) 14. Establishment of Appeal Board (1) There is established an Appeal Board for the purpose of hearing and determining an appeal.(2) The Chief Executive shall appoint as Chairman of the Appeal Board a person who is legally qualified and not a public officer.(3) The Chief Executive shall also appoint a panel of persons whom he considers to be suitable for appointment as members of the Appeal Board and who are not public officers.(4) The Chief Executive shall appoint as Deputy Chairman of the Appeal Board one of the panel members who is legally qualified.(5) The Chairman, the Deputy Chairman and a panel member shall be appointed for a term of not more than 3 years but may be reappointed.(6) Every appointment under this section must be published in the Gazette. 15. Exercise of Appeal Board’s jurisdiction (1) The Appeal Board may exercise its jurisdiction in hearing and determining an appeal only if it is duly constituted.(2) The Appeal Board is duly constituted for the purpose of hearing and determining an appeal if it consists of the following members—(a) the Chairman; and(b) at least 2 other members appointed by the Chairman from among the panel members to hear the appeal.(3) On an appeal, the Appeal Board may confirm, reverse or vary a decision under appeal.(4) Every question before the Appeal Board shall be determined by the opinion of the majority of the Chairman and the panel members hearing the appeal except a question of law which shall be determined by the Chairman.(5) In the event of an equality of votes, the Chairman has a casting vote.(6) The Appeal Board may—(a) receive evidence on oath;(b) admit or take into account any statement, document, information or matter whether or not it would be admissible as evidence in a court of law;(c) by notice in writing summon any person to appear before it to produce any document or to give evidence; and(d) award such amount for costs in an appeal as is just and equitable in the circumstances of the case.(7) The party awarded any costs may enforce the award as a civil debt.(8) Costs awarded against the Director or an authorized officer are charged on the general revenue.(9) The Chairman may determine any form or matter of practice or procedure in so far as no provision is made for it in this Ordinance. 16. Supplementary provisions as to Appeal Board (1) If the Chairman is precluded by any cause from performing his functions during any period, the Deputy Chairman shall act as Chairman and as such perform all of the functions of the Chairman during that period.(2) If both the Chairman and the Deputy Chairman are precluded by any cause from performing their functions during any period, the Chief Executive may appoint any other person who is legally qualified and not a public officer to act as Chairman and as such to perform all of the functions of the Chairman during that period.(3) If a panel member appointed under section 15 to hear an appeal is precluded by any cause from performing his functions during any period, the Chairman may appoint any other panel member to act in his place during that period.(4) The Chairman, the Deputy Chairman or any panel member may at any time resign his office by notice in writing to the Chief Executive.(5) If there is a change in the membership of the Appeal Board (whether in respect of the Chairman or any other member) during the hearing of an appeal, the following applies—(a) in the case where the Appeal Board remains duly constituted according to section 15(2) without the participation of any new or acting member, the Appeal Board may continue the hearing despite the change;(b) if paragraph (a) does not apply and every party to the appeal consents, the Appeal Board may continue the hearing after reconstitution; or(c) in any other case, the Appeal Board shall start the hearing afresh after reconstitution.(6) Any party to an appeal may be represented by a legal representative in the proceedings before the Appeal Board.(7) The Chairman may, before an appeal is determined, refer a question of law to the Court of Appeal by way of case stated.(8) In addition to the other powers of the Court of Appeal in hearing a case stated, the Court of Appeal may amend the case or order it to be sent back to the Chairman for amendment. Part 2A Service of Notices under Parts 4 and 5 (Part 2A added 27 of 2023 s. 3) 16A. Application of Part 2A This Part applies in relation to regulated electrical equipment and regulated articles. 16B. Service of notices under Parts 4 and 5 (1) A notice required, or authorized, to be served on a person under Part 4 or 5 is to be regarded as duly served on the person if—(a) it is sent by post—(i) if the person is a registered supplier—to the last address provided by the person to the Director; or(ii) otherwise—to the person’s address last known to the Director;(b) it is sent by facsimile transmission—(i) if the person is a registered supplier—to the last facsimile number provided by the person to the Director; or(ii) otherwise—to the person’s facsimile number last known to the Director;(c) it is sent by electronic mail—(i) if the person is a registered supplier—to the last electronic mail address provided by the person to the Director; or(ii) otherwise—to the person’s electronic mail address last known to the Director; or(d) where the person has registered an account with an electronic system designated under section 16C(1)—it is sent to the account by means of the system.(2) For the purposes of subsection (1)(b), (c) or (d), a notice is to be regarded as having been sent by the means of transmission specified in that subsection if a record generated by the means establishes that the notice was so sent.(3) In subsection (1)—registered supplier (登記供應商) means a registered supplier as defined by section 31 or 47. 16C. Designation of electronic system (1) The Director may, for the purposes of section 16B(1)(d), designate an electronic system.(2) The Director must, as soon as practicable after designating an electronic system under subsection (1), publish the details of the designation in a way that the Director considers appropriate. Part 3 Plastic Shopping Bags Division 1 Interpretation 17. Interpretation of Part 3 (1) In this Part— (Amended 35 of 2025 s. 10)demand notice (繳款通知書) means a notice served under section 28D(2); (Added 4 of 2014 s. 7)fixed penalty (定額罰款) means the penalty referred to in section 28A(2); (Added 4 of 2014 s. 7)penalty notice (罰款通知書) means a notice given under section 28A(2); (Added 4 of 2014 s. 7)recovery order (追討令) means an order made under section 28G(2); (Added 4 of 2014 s. 7. Amended 35 of 2025 s. 10)specified form (指明格式) means a form specified under section 28MA. (Added 35 of 2025 s. 10)(Amended 4 of 2014 s. 7)(2)-(3) (Repealed 4 of 2014 s. 7) Division 2 Charge on Plastic Shopping Bags (Replaced 4 of 2014 s. 8) 18. Plastic shopping bags to which this Ordinance applies (Replaced 4 of 2014 s. 9)(1) Subject to subsection (2), a bag prescribed in Schedule 1 is a plastic shopping bag to which this Ordinance applies.(2) This Ordinance does not apply to the plastic shopping bags prescribed in Schedule 2.(3) (Repealed 4 of 2014 s. 9) 18A. Duty of seller to charge for plastic shopping bags (1) This section applies if there is a sale by retail of goods to a person (customer).(2) The seller must charge the customer an amount not less than that prescribed in Schedule 3 for each plastic shopping bag, or each pre-packaged pack of 10 or more plastic shopping bags, provided by the seller directly or indirectly to the customer—(a) at the time of the sale;(b) for promoting the goods; or(c) otherwise in connection with the sale.(3) The seller must not offer any rebate or discount to the customer with the effect of directly offsetting the amount charged under subsection (2) or any part of that amount.(4) In this section—(a) a reference to a sale by retail of goods is a reference to a sale of goods to a person who obtains the goods for purposes other than wholesale; and(b) a reference to a plastic shopping bag includes anything that can be easily turned into a plastic shopping bag.(5) In this section—sale (出售) includes a display or offer for sale, and sale by retail (以零售方式出售) and seller (賣方) are to be construed accordingly.(6) For the purposes of this section, a plastic shopping bag is provided to a person—(a) whether it is provided as the subject of the sale or is provided in addition to the subject of the sale; and(b) whether or not it is provided together with another product as a single item of goods.(Added 4 of 2014 s. 10) 18B. Offences relating to section 18A (1) A person who contravenes section 18A(2) or (3) commits an offence.(2) A person who commits an offence under subsection (1) is liable—(a) to a fine at level 6 on the first occasion on which the person is convicted of the offence for contravening subsection (2) or (3) of section 18A; and(b) to a fine of $200,000 on each subsequent occasion on which the person is convicted of the offence for contravening that subsection.(3) If a person is charged with an offence under subsection (1), it is a defence to prove that the person exercised due diligence to avoid committing the offence.(Added 4 of 2014 s. 10) 18C. Liability of franchisers and franchisees (1) This section applies if the sale mentioned in section 18A(1) is carried on in the course of a business under a franchise agreement.(2) Unless the Director otherwise agrees, the franchiser is the seller for the purposes of section 18A(2) and (3).(3) If, because of an act or default of a franchisee, the franchiser commits an offence under section 18B(1), or would have committed the offence except for the reliance on the defence under section 18B(3)—(a) the franchisee also commits the offence and is liable on conviction to the penalty provided for the offence, whether or not the franchiser is charged with or convicted of the offence; and(b) the franchisee may also rely on the defence under section 18B(3).(Added 4 of 2014 s. 10) 19. (Repealed 4 of 2014 s. 11) 20. (Repealed 4 of 2014 s. 11) 21. Secretary may amend Schedules (1) The Secretary may, after consultation with the Advisory Council on the Environment, by order published in the Gazette, amend Schedule 1, 2 or 3.(2) An order made under this section to amend Schedule 1 or 2 is subject to the approval of the Legislative Council.(Amended 4 of 2014 s. 12) Division 3 (Repealed 4 of 2014 s. 13) 22. (Repealed 4 of 2014 s. 13) 23. (Repealed 4 of 2014 s. 13) 24. (Repealed 4 of 2014 s. 13) 25. (Repealed 4 of 2014 s. 13) 26. (Repealed 4 of 2014 s. 13) Division 4 (Repealed 4 of 2014 s. 14) 27. (Repealed 4 of 2014 s. 14) 28. (Repealed 4 of 2014 s. 14) Division 4A Fixed Penalty and Related Provisions (Division 4A added 4 of 2014 s. 15) 28A. Director may give penalty notice (1) This section applies if the Director has reason to believe that a person is committing or has committed a specified offence.(2) The Director may give the person a notice in the specified form offering the person an opportunity to discharge the person’s liability for the offence by paying a fixed penalty of $2,000 within 21 days after the date on which the notice is given. (Amended 35 of 2025 s. 11)(3) A penalty notice may be given to the person personally or by affixing it to the person’s place of business.(4) In this section—specified offence (指明罪行) means an offence under section 18B(1)—(a) for contravening section 18A(2)(a); or(b) for contravening section 18A(3) by offering any rebate or discount to the customer with the effect of directly offsetting the amount charged under section 18A(2)(a) or any part of that amount. 28B. No prosecution or conviction if compliance with penalty notice (1) This section applies to a person who has been given a penalty notice in respect of an offence.(2) Subject to section 28F, the person is not liable to be prosecuted or convicted for the offence if the person has paid the fixed penalty within 21 days after the date on which the notice is given. 28C. Director may demand personal details and inspect proof of identity (1) This section applies if the Director has reason to believe that a person is committing or has committed an offence under section 18B(1).(2) The Director may, for issuing or serving a summons or other document in relation to the offence, require the person—(a) for an individual—(i) to supply the person’s name, date of birth, address and contact telephone number (if any); and(ii) to produce for inspection the person’s proof of identity; or(b) for a body corporate—(i) to supply the person’s corporate name, registered or principal office address and contact telephone number (if any); and(ii) to produce for inspection the person’s business registration certificate issued under section 6 of the Business Registration Ordinance (Cap. 310).(3) A person who, without reasonable excuse, fails to comply with a requirement made under subsection (2) commits an offence and is liable on conviction to a fine at level 2.(4) In this section—proof of identity (身分證明文件) has the same meaning as in section 17B of the Immigration Ordinance (Cap. 115). 28D. Director may serve demand notice in case of failure to pay fixed penalty etc. (1) This section applies if—(a) a person has been given a penalty notice in respect of an offence, and has not paid the fixed penalty within 21 days after the date on which the notice is given; or(b) a person refuses to accept a penalty notice intended to be given to the person in respect of an offence.(2) The Director may serve on the person a notice in the specified form— (Amended 35 of 2025 s. 12)(a) demanding payment of the fixed penalty;(b) informing the person that the person must notify the Director in writing if the person wishes to dispute liability for the offence; and(c) stating that the payment or notification must be made within 10 days after the date on which the demand notice is served.(3) A demand notice may not be served later than—(a) if subsection (1)(a) applies, 6 months after the date on which the penalty notice is given; or(b) if subsection (1)(b) applies, 6 months after the date on which the person refuses to accept the penalty notice.(4) A demand notice may be served by sending it by post to the person’s address (in the case of an individual) or the person’s registered or principal office address (in the case of a body corporate).(5) A certificate of posting in the specified form purporting to be signed by or for the Director is admissible in evidence in any proceedings under this Part. (Amended 35 of 2025 s. 12)(6) Unless there is evidence to the contrary, it is presumed—(a) that the certificate of posting was signed by or for the Director; and(b) that the demand notice to which the certificate of posting relates was duly served. 28E. No prosecution or conviction if compliance with demand notice (1) This section applies to a person on whom a demand notice has been served in respect of an offence.(2) Subject to section 28F, the person is not liable to be prosecuted or convicted for the offence if the person has paid the fixed penalty within 10 days after the date on which the notice is served. 28F. Withdrawal of penalty or demand notice (1) The Director may withdraw a penalty notice given, or a demand notice served, in respect of an offence—(a) at any time before a recovery order is made; or(b) at any time before any proceedings for the offence commences.(2) If a penalty or demand notice is withdrawn—(a) the Director must serve notice of the withdrawal on the person to whom, or on whom, the penalty or demand notice has been given or served; and(b) on application by the person, the Director must refund, through the Director of Accounting Services, any amount paid for the fixed penalty.(3) If a penalty or demand notice is withdrawn, proceedings for the offence may only be commenced where—(a) the ground, or one of the grounds, on which the notice is withdrawn is that it contains incorrect information; and(b) the incorrect information was supplied by the person to whom, or on whom, the notice was given or served. 28G. Recovery of fixed penalty (1) This section applies if a person on whom a demand notice has been served—(a) fails to pay the fixed penalty in accordance with the notice; and(b) fails to notify the Director in accordance with the notice that the person wishes to dispute liability for the offence.(2) On application made in the name of the Secretary for Justice and production of the documents specified in subsection (5), a magistrate must order the person to pay, within 14 days after the date of service of notice of the order—(a) the fixed penalty;(b) an additional penalty equal to the amount of the fixed penalty; and(c) $300 by way of costs.(3) An application may be made in the absence of the person. The Secretary for Justice may appoint a person or class of persons to make an application.(4) A magistrate must cause notice of a recovery order to be served on the person against whom it is made. The notice may be served by sending it by post to the person’s address (in the case of an individual) or the person’s registered or principal office address (in the case of a body corporate).(5) The documents specified for subsection (2) are—(a) a copy of the demand notice;(b) a certificate of posting the demand notice under section 28D(5); and(c) an evidentiary certificate, in the specified form, stating the following matters— (Amended 35 of 2025 s. 13)(i) that the person specified in the certificate had not, before the date of the certificate, paid the fixed penalty;(ii) that the person specified in the certificate had not, before the date of the certificate, notified the Director that the person wished to dispute liability for the offence;(iii) that the address specified in the certificate was, at the date specified in the certificate in relation to the address, the person’s address (in the case of an individual) or the person’s registered or principal office address (in the case of a body corporate).(6) An evidentiary certificate referred to in subsection (5)(c) and purporting to be signed by or for the Director is admissible in evidence in any proceedings under this Part.(7) Unless there is evidence to the contrary—(a) it is presumed that the evidentiary certificate was signed by or for the Director; and(b) the evidentiary certificate is evidence of the facts stated in it. 28H. Consequences of compliance with recovery order or failure to do so (1) This section applies to a person against whom a recovery order is made.(2) If the person has complied with the recovery order, the person is not liable to be prosecuted or convicted for the offence to which the order relates.(3) If the person fails to comply with the recovery order, the person—(a) is to be regarded, for the purposes of section 68 of the Magistrates Ordinance (Cap. 227), as having failed to pay the sum adjudged to be paid by a conviction; and(b) is liable to be imprisoned under that section. 28I. Application for review of recovery order (1) A person against whom a recovery order is made may apply to a magistrate for review of the order.(2) An application must be made within 14 days after the date on which the recovery order first came to the personal notice of the applicant.(3) The applicant must give reasonable notice of the application to the Director.(4) An application may be made in person or by counsel or solicitor.(5) For securing the attendance of witnesses and generally for conducting the proceedings, the magistrate has all the powers of a magistrate hearing a complaint under the Magistrates Ordinance (Cap. 227). 28J. Outcome of review (1) On application under section 28I, a magistrate may rescind a recovery order if the magistrate is satisfied that the demand notice did not come to the personal notice of the applicant without any fault of the applicant.(2) If the magistrate rescinds a recovery order, and the applicant wishes to dispute liability for the offence to which the order relates, the magistrate must give leave to that effect.(3) If the magistrate rescinds a recovery order, and the applicant does not wish to dispute liability for the offence to which the order relates, the magistrate—(a) must order the applicant to pay the fixed penalty within 10 days after the date of an order made under this paragraph; and(b) must order that, if the applicant fails to pay the fixed penalty within that period, the applicant must immediately pay—(i) the fixed penalty;(ii) an additional penalty equal to the amount of the fixed penalty; and(iii) $300 by way of costs.(4) Despite section 26 of the Magistrates Ordinance (Cap. 227), if a magistrate gives leave under subsection (2), proceedings may be taken within 6 months after the date on which the magistrate gives the leave.(5) If the applicant fails to comply with the order under subsection (3)(b), the applicant—(a) is to be regarded, for the purposes of section 68 of the Magistrates Ordinance (Cap. 227), as having failed to pay the sum adjudged to be paid by a conviction; and(b) is liable to be imprisoned under that section.(6) If the applicant has complied with the order under subsection (3)(a) or (b), the applicant is not liable to be prosecuted or convicted for the offence to which the order relates. 28K. Power to rescind order on application by Director At any time, a magistrate may for good cause, on application by the Director, rescind—(a) an order for the payment of the fixed penalty; and(b) any other order made under this Division in the same proceedings. 28L. Dispute of liability for offence (1) This section applies if a person—(a) has notified the Director in accordance with a demand notice that the person wishes to dispute liability for an offence; or(b) has been given leave to dispute liability for an offence under section 28J(2).(2) A summons issued in any proceedings against the person for the offence may be served on the person in accordance with section 8 of the Magistrates Ordinance (Cap. 227).(3) If—(a) in consequence of the notification or leave, the person appears in any proceedings in answer to a summons; and(b) the person is convicted of the offence after having offered no defence or a defence that is frivolous or vexatious, the magistrate before whom the proceedings are heard must, in addition to any other penalty and costs, impose an additional penalty equal to the amount of the fixed penalty.(4) Any proceedings taken against a person falling within subsection (1)(a) must terminate if the person pays in accordance with subsection (5)—(a) the fixed penalty;(b) an additional penalty equal to the amount of the fixed penalty; and(c) $500 by way of costs.(5) Payment under subsection (4) must be made at any magistracy not less than 2 days before the day specified in the summons for the person’s appearance, and the summons must be produced at the time of the payment.(6) Neither a Saturday nor a public holiday may be included in the computation of the 2 days’ period mentioned in subsection (5). (Amended 18 of 2016 s. 35) 28M. Protection of Director and authorized officers (1) The Director or an authorized officer is not personally liable for anything done or omitted to be done by the Director or officer in good faith in the performance or purported performance of a function under this Division.(2) The protection conferred by subsection (1) does not affect any liability of the Government for the act or omission. 28MA. Director may specify form for this Division The Director may specify the form of any notice or certificate for the purposes of this Division.(Added 35 of 2025 s. 14) 28N. Legislative Council may amend certain amounts The Legislative Council may, by resolution, amend the amount specified in section 28A(2), 28G(2)(c), 28J(3)(b)(iii) or 28L(4)(c). Division 5 Regulations 29. Secretary may make regulations in respect of Part 3 (1) The Secretary may, after consultation with the Advisory Council on the Environment, make regulations with respect to all or any of the following matters—(a)-(d) (Repealed 4 of 2014 s. 16)(da) (Repealed 35 of 2025 s. 15)(db) payment of fixed penalties, additional penalties and other amounts payable under this Part; (Added 4 of 2014 s. 16)(e) such supplemental provisions as are necessary or expedient for giving full effect to the provisions of this Part;(f) any matter ancillary or incidental to those specified in this section.(2) (Repealed 35 of 2025 s. 15) Division 6 Savings and Transitionals (Division 6 added 4 of 2014 s. 17) 30. Savings and transitional provisions relating to Product Eco-responsibility (Amendment) Ordinance 2014 Schedule 5 provides for the savings and transitional arrangements relating to the Product Eco-responsibility (Amendment) Ordinance 2014 (4 of 2014). Part 4 Regulated Electrical Equipment (Part 4 added 3 of 2016 s. 9) Division 1 Interpretation 31. Interpretation of Part 4 In this Part—consumer (消費者) means a person who acquires any regulated electrical equipment otherwise than for distributing it in the course of business; distribute (分發), in relation to any regulated electrical equipment, means— (a) supply the equipment by way of sale, hire or hire-purchase; (b) exchange or dispose of the equipment for consideration; or (c) transmit or deliver the equipment for any of the following activities—(i) supplying by way of sale, hire or hire-purchase;(ii) an exchange or disposal for consideration, but does not include any such act done with a view that the equipment is to be exported in the course of business; recycling levy (循環再造徵費) means a levy prescribed for the purposes of this Part by the REE Regulation;REE Regulation (《受管制電器規例》) means regulations made under section 44;registered supplier (登記供應商) means a supplier who is registered under section 33;removal service plan (除舊服務方案) means a plan endorsed under section 41;residential property (住宅物業) means any real property constituting a separate unit used, or intended to be used, solely or principally for human habitation;return (申報) means a return submitted under section 38;seller (銷售商) means a person who carries on a business of distributing regulated electrical equipment to consumers, but does not include a person who only provides service for transporting the equipment that does not belong to the person for another person; supplier (供應商) means— (a) a person who manufactures regulated electrical equipment in Hong Kong in the course of the person’s business; or (b) a person who, in the course of the person’s business, imports regulated electrical equipment into Hong Kong for distribution, but does not include a person who only provides service for transporting the equipment that does not belong to the person into Hong Kong for another person; tenant (租客) includes a person who occupies a residential property under a licence, and tenancy agreement (租賃協議) is to be construed accordingly; use (使用), in relation to any regulated electrical equipment, includes— (a) exhibit the equipment for business purposes; and (b) give the equipment to another person as a prize or gift. (Amended 27 of 2023 s. 16) Division 2 Registration of Suppliers 32. Prohibition of distributing regulated electrical equipment without registration (1) A supplier commits an offence if, not being registered under section 33, the supplier distributes regulated electrical equipment.(2) A person who is convicted of an offence under subsection (1) is liable to a fine at level 6. 33. Registration of suppliers If—(a) a person applies to be registered as a registered supplier in accordance with the REE Regulation; and(b) the Director is satisfied that the application complies with this Ordinance,the Director must register the person as a registered supplier. 34. Cancellation of registration If the Director is satisfied that a registered supplier is no longer a supplier, the Director must cancel the registration of the supplier. Division 3 Obligations of Registered Suppliers and Sellers 35. Receipt must be provided when distributing regulated electrical equipment (Amended 27 of 2023 s. 17)(1) (Repealed 27 of 2023 s. 17)(2) If a seller distributes any regulated electrical equipment to a consumer, the seller must, in accordance with the REE Regulation, provide to the consumer—(a) (Repealed 27 of 2023 s. 17)(b) a receipt with the wording prescribed by the Regulation.(3) For the purposes of subsection (2), entering into an agreement to distribute does not constitute distribution.(4) For the purposes of subsection (2), providing regulated electrical equipment to an owner or tenant of a residential property under an agreement for sale and purchase, tenancy agreement or renovation agreement for the property without charging specifically for the equipment does not constitute distributing the equipment.(5) A person who contravenes subsection (2) commits an offence and is liable to a fine at level 5.(Amended 27 of 2023 s. 17) 36. (Repealed 27 of 2023 s. 18) 37. Registered supplier must pay recycling levy (1) Subject to subsection (2), a registered supplier must pay to the Director a recycling levy for any regulated electrical equipment if—(a) the equipment—(i) is manufactured in Hong Kong by the supplier in the course of the supplier’s business; or(ii) is, in the course of the supplier’s business, imported into Hong Kong by the supplier for distribution, but is not imported during the course of a service provided by the supplier for transporting articles into Hong Kong for another person; and(b) the supplier—(i) distributes the equipment; or(ii) uses the equipment for the first time.(2) The recycling levy is payable only once under this section in respect of any regulated electrical equipment.(3) An outstanding amount of recycling levy payable under this section is recoverable as a civil debt due to the Government. 38. Registered supplier must submit returns (1) A registered supplier must, in accordance with the REE Regulation, periodically submit returns to the Director.(2) On receiving a return, the Director must—(a) determine the amount of recycling levy payable under section 37 by the registered supplier; and(b) serve a payment notice on the supplier.(3) A registered supplier must, within the prescribed period after the date the payment notice is served, pay to the Director in the prescribed manner the recycling levy payable under section 37 stated in the payment notice.(4) If a registered supplier submits a return in respect of a period in a calendar year, the supplier must keep the prescribed records and documents relating to the return during the 5 years after that year.(5) A person who contravenes subsection (1) commits an offence and is liable—(a) on the first conviction, to a fine at level 6; and(b) on a subsequent conviction, to a fine of $200,000.(6) A person who contravenes subsection (3) commits an offence and is liable—(a) on the first conviction, to a fine at level 6; and(b) on a subsequent conviction, to a fine of $200,000.(7) A person who contravenes subsection (4) commits an offence and is liable to a fine at level 5.(8) (Repealed 27 of 2023 s. 4)(9) In subsections (3) and (4)—prescribed (訂明) means prescribed by the REE Regulation. 39.

Registered supplier must submit annual audit report (1) A registered supplier must, in accordance with the REE Regulation, submit an audit report to the Director every year in respect of the returns submitted by the supplier.(2) The audit report must be prepared by a certified public accountant (practising) as defined by section 2(1) of the Accounting and Financial Reporting Council Ordinance (Cap. 588), who must not be an employee of the registered supplier. (Amended L.N. 66 of 2022)(3) A person who contravenes subsection (1) commits an offence and is liable to a fine at level 5. Division 3A Recovery of Recycling Levies (Added 27 of 2023 s. 19) 40. Recovering recycling levies by assessment notice (1) This section applies if a person (relevant person)—(a) distributes regulated electrical equipment in contravention of section 32(1); or(b) distributes or uses regulated electrical equipment without having paid the Director the recycling levy payable under section 37 for the equipment (or any part of the levy).(2) For the purposes of subsection (1), entering into an agreement to distribute does not constitute distribution.(3) The Director may assess—(a) for regulated electrical equipment mentioned in subsection (1)(a), the amount of recycling levy that would have been payable under section 37 for any regulated electrical equipment if the equipment was distributed in compliance with section 32(1); or(b) for regulated electrical equipment mentioned in subsection (1)(b), the amount of recycling levy payable under section 37.(4) The Director may serve an assessment notice (assessment notice) on the relevant person demanding payment of—(a) the assessed amount; or(b) if the relevant person has already paid part of that amount under section 37, the outstanding part of that amount.(5) The Director may replace an assessment notice with another assessment notice served for that purpose.(6) The Director may at any time withdraw an assessment notice by serving a withdrawal notice to that effect.(7) An assessment notice served in respect of the recycling levy payable under section 37 for a period must be served within 5 years after the end of that period.(8) An assessment notice must state—(a) the reasons for serving the notice;(b) how the amount of recycling levy assessed by the Director is calculated;(c) when and how the relevant person must pay; and(d) the right of the relevant person to appeal against the notice.(9) The relevant person must pay the amount of recycling levy demanded under an assessment notice within the period prescribed by the REE Regulation.(10) A person who contravenes subsection (9) commits an offence and is liable—(a) on the first conviction, to a fine at level 6; and(b) on a subsequent conviction, to a fine of $200,000.(11) A person who is convicted of an offence under subsection (10) is also liable to pay—(a) a surcharge of 5% of the amount of recycling levy that is outstanding at the expiry of the period mentioned in subsection (9); and(b) an additional surcharge of 10% of the amount of recycling levy or the surcharge mentioned in paragraph (a) that is outstanding at the expiry of 6 months after the period mentioned in subsection (9).(12) An outstanding amount of recycling levy or surcharges payable under this section is recoverable as a civil debt due to the Government.(13) If an appeal is made under Division 5 of Part 2 against an assessment notice, any amount of recycling levy or surcharges that is outstanding remains payable under this section pending the determination of the appeal unless the Director decides otherwise.(14) (Repealed 27 of 2023 s. 5) Division 4 Seller to Arrange for Removal Service 41. Seller must have endorsed removal service plan (1) A seller must not distribute regulated electrical equipment to a consumer in the absence of a removal service plan that has been endorsed by the Director.(2) Without limiting any other ground on which the Director may refuse to endorse a removal service plan, the Director must not endorse a plan unless the Director is satisfied that the plan meets the requirements specified in subsection (3).(3) The requirements are—(a) a collector undertakes to the seller in writing to provide an electrical equipment or electronic equipment removal service for distributing regulated electrical equipment by the seller to a consumer;(b) a recycler undertakes to the seller in writing to provide a treatment, reprocessing or recycling service for the electrical equipment and electronic equipment removed by the collector; and(c) the applicable requirements in the REE Regulation have been complied with.(4) The collector mentioned in subsection (3)(a) must hold a business registration certificate issued under section 6 of the Business Registration Ordinance (Cap. 310).(5) The recycler mentioned in subsection (3)(b) must hold a waste disposal licence within the meaning of the Waste Disposal Ordinance (Cap. 354) that authorizes the person to treat, reprocess or recycle e-waste within the meaning of that Ordinance.(6) For the purposes of subsection (1), providing regulated electrical equipment to an owner or tenant of a residential property under an agreement for sale and purchase, tenancy agreement or renovation agreement for the property without charging specifically for the equipment does not constitute distributing the equipment.(7) A person who contravenes subsection (1) commits an offence and is liable to a fine at level 6. 42. Seller must arrange for removal service (1) In this section— removal terms (除舊條款) means the terms— (a) agreed between a consumer and a seller who distributes an item of regulated electrical equipment to the consumer; and (b) the purpose of which is to provide for the removal, in accordance with subsection (2), of electrical equipment or electronic equipment of the same class as that item of equipment. (2) If—(a) a seller distributes an item of regulated electrical equipment (former) to a consumer;(b) the consumer requests, in accordance with the removal terms and any applicable requirements in the REE Regulation, the seller to remove another item of electrical equipment or electronic equipment (latter); and(c) the former and the latter fall within the descriptions of the same item of electrical equipment or electronic equipment set out in column 2 of Part 1 of Schedule 6, (Amended 27 of 2023 s. 9)the seller must arrange for the removal of the latter in accordance with the seller’s removal service plan. The seller must not charge the consumer for the arrangement.(3) A person who contravenes subsection (2) commits an offence and is liable—(a) on the first conviction, to a fine at level 6; and(b) on a subsequent conviction, to a fine of $200,000.(4) If a seller distributes any regulated electrical equipment to a consumer, the seller must notify the consumer in writing of the seller’s obligation under subsection (2) before entering into the relevant contract of distribution.(5) If—(a) a seller is to distribute any regulated electrical equipment to a consumer; and(b) the relevant contract of distribution is to be subject to certain removal terms,the seller must notify the consumer in writing of the terms before entering into the contract.(6) A person who contravenes subsection (4) commits an offence and is liable—(a) on the first conviction, to a fine at level 2; and(b) on a subsequent conviction, to a fine at level 3.(7) A person who contravenes subsection (5) commits an offence and is liable—(a) on the first conviction, to a fine at level 2; and(b) on a subsequent conviction, to a fine at level 3.(8) The removal terms that are applicable to the distribution of regulated electrical equipment to a consumer form part of the terms of the relevant contract of distribution.(9) The removal terms are void to the extent to which they are inconsistent with the provisions of this Ordinance.(10) For the purposes of subsection (2), (4) or (5), providing regulated electrical equipment to an owner or tenant of a residential property under an agreement for sale and purchase, tenancy agreement or renovation agreement for the property without charging specifically for the equipment does not constitute distributing the equipment. 43. Proper disposal of electrical equipment or electronic equipment removed (1) If a collector provides an electrical equipment or electronic equipment removal service for a seller in accordance with the seller’s removal service plan, the collector must ensure that the equipment—(a) is transferred to a recycler specified in the plan within a reasonable time; and(b) is accepted by the recycler.(2) A person who contravenes subsection (1) commits an offence and is liable—(a) on the first conviction, to a fine at level 6; and(b) on a subsequent conviction, to a fine of $200,000.(3) It is a defence to a charge under subsection (2) for the person charged to prove that the person exercised due diligence to avoid committing the offence. Division 5 Regulations 44. Secretary may make regulations for Part 4 (1) The Secretary may, after consulting the Advisory Council on the Environment, make regulations in respect of all or any of the following matters—(a) an application for registration under section 33 and the determination of the application;(b) the cancellation of registration under section 34;(c) (Repealed 27 of 2023 s. 20)(d) the recycling levy for each class of regulated electrical equipment;(e) the payment of recycling levies by registered suppliers;(f) the submission of returns by registered suppliers;(g) the information to be contained in the returns;(h) the records and documents to be kept by registered suppliers;(i) the submission of audit reports by registered suppliers;(j) the prescribed wording for the purposes of section 35(2)(b);(k) the requirements of the removal service plan;(l) the removal service required by section 42.(2) A regulation made under subsection (1) is subject to the approval of the Legislative Council. Division 6 Supplementary Provisions 45. Exemptions The regulated electrical equipment set out in column 3 of Schedule 7 is exempted from the provisions set out opposite to it in column 2 of that Schedule. 46. Secretary may amend Schedules 6 and 7 (1) The Secretary may, after consulting the Advisory Council on the Environment, by notice published in the Gazette, amend Schedule 6 or 7.(2) A notice made under subsection (1) is subject to the approval of the Legislative Council. Division 7 Savings and Transitional Provisions (Division 7 added 27 of 2023 s. 21) 46A. Savings and transitional provisions relating to Product Eco-responsibility (Amendment) Ordinance 2023 Schedule 9 provides for the savings and transitional arrangements relating to the Product Eco-responsibility (Amendment) Ordinance 2023 (27 of 2023). Part 5 Regulated Articles (Part 5 added 13 of 2016 s. 6) Division 1 Interpretation 47. Interpretation of Part 5 In this Part—consume (耗用), in relation to a regulated article, means—(a) open the container that constitutes the article for the first time after the container is sealed; or(b) abandon the article;container recycling levy (容器循環再造徵費) means the levy prescribed for this Part by the Regulated Articles Regulation;distribute (分發), in relation to a regulated article, means—(a) sell the article;(b) exchange or dispose of the article for consideration; or(c) give the article to another person as a prize or gift,but does not include any such act done with a view that the article is to be exported in the course of business;registered supplier (登記供應商) means a supplier who is registered under section 49;Regulated Articles Regulation (《受規管物品規例》) means regulations made under section 55;return (申報) means a return submitted under section 52;supplier (供應商), in relation to a regulated article, means—(a) a person who, in the course of the person’s business of manufacturing the article, undertakes in Hong Kong the process of sealing the container constituting part of the article; or(b) a person who, in the course of the person’s business, imports the article into Hong Kong for distribution, but does not include a person who—(i) does not own the article; and(ii) only provides a service for transporting the article into Hong Kong for another person. Division 2 Registration of Suppliers 48. Prohibition of distributing regulated articles without registration (1) A supplier commits an offence if, not being registered under section 49, the supplier distributes regulated articles.(2) A person who is convicted of an offence under subsection (1) is liable to a fine at level 6. 49. Registration of suppliers The Director must register a person as a registered supplier if—(a) the person applies to be registered as a registered supplier in accordance with the Regulated Articles Regulation; and(b) the Director is satisfied that the application complies with this Ordinance. 50. Cancellation of registration If the Director is satisfied that a registered supplier is no longer a supplier, the Director must cancel the registration of the supplier. Division 3 Obligations of Registered Suppliers 51. Registered supplier must pay container recycling levy (1) Subject to subsection (2), a registered supplier must pay a container recycling levy to the Director for a regulated article if the supplier—(a) distributes the article; or(b) consumes the article.(2) The container recycling levy is payable only once under this section in respect of a regulated article.(3) An outstanding amount of container recycling levy payable under this section is recoverable as a civil debt due to the Government. 52. Registered supplier must submit returns (1) A registered supplier must, in accordance with the Regulated Articles Regulation, periodically submit returns to the Director.(2) On receiving a return, the Director must—(a) determine the amount of container recycling levy payable under section 51 by the registered supplier; and(b) serve a payment notice on the supplier.(3) A registered supplier must, within the prescribed period after the date the payment notice is served, pay to the Director in the prescribed manner the container recycling levy payable under section 51 stated in the payment notice.(4) A registered supplier who submits a return in respect of a period in a calendar year must keep the prescribed records and documents relating to the return during the 5 years after that year.(5) A person who contravenes subsection (1) commits an offence and is liable—(a) on the first conviction, to a fine at level 6; and(b) on a subsequent conviction, to a fine of $200,000.(6) A person who contravenes subsection (3) commits an offence and is liable—(a) on the first conviction, to a fine at level 6; and(b) on a subsequent conviction, to a fine of $200,000.(7) A person who contravenes subsection (4) commits an offence and is liable to a fine at level 5.(8) (Repealed 27 of 2023 s. 6)(9) In subsections (3) and (4)—prescribed (訂明) means prescribed by the Regulated Articles Regulation. 53. Registered supplier must submit annual audit report (1) A registered supplier must, in accordance with the Regulated Articles Regulation, submit an audit report to the Director every year in respect of the returns submitted by the supplier.(2) The audit report must be prepared by a certified public accountant (practising) as defined by section 2(1) of the Accounting and Financial Reporting Council Ordinance (Cap. 588), who must not be an employee of the registered supplier. (Amended L.N. 66 of 2022)(3) A person who contravenes subsection (1) commits an offence and is liable to a fine at level 5. 54. Recovering container recycling levy by assessment notice (1) This section applies if the supplier of a regulated article (relevant supplier)—(a) distributes the article in contravention of section 48(1); or(b) distributes or consumes the article without having paid to the Director the container recycling levy payable under section 51 for the article (or any part of the levy).(2) For the purposes of subsection (1), entering into an agreement to distribute does not constitute distribution.(3) The Director may assess—(a) for the regulated article mentioned in subsection (1)(a), the amount of container recycling levy that would have been payable under section 51 for the article if the article had been distributed in compliance with section 48(1); or(b) for the regulated article mentioned in subsection (1)(b), the amount of container recycling levy payable under section 51.(4) The Director may serve an assessment notice (assessment notice) on the relevant supplier demanding payment of—(a) the assessed amount; or(b) if the relevant supplier has already paid part of that amount under section 51, the outstanding part of that amount.(5) The Director may replace an assessment notice with another assessment notice served for that purpose.(6) The Director may at any time withdraw an assessment notice by serving a withdrawal notice to that effect.(7) An assessment notice served in respect of the container recycling levy payable under section 51 for a period must be served within 5 years after the end of that period.(8) An assessment notice must state—(a) the reasons for serving the notice;(b) how the amount of container recycling levy assessed by the Director is calculated;(c) when and how the relevant supplier must pay; and(d) the right of the relevant supplier to appeal against the notice.(9) The relevant supplier must pay the amount demanded under the assessment notice within the period prescribed by the Regulated Articles Regulation.(10) A person who contravenes subsection (9) commits an offence and is liable—(a) on the first conviction, to a fine at level 6; and(b) on a subsequent conviction, to a fine of $200,000.(11) A person who is convicted of an offence under subsection (10) is also liable to pay—(a) a surcharge of 5% of the amount of container recycling levy that is outstanding at the expiry of the period mentioned in subsection (9); and(b) an additional surcharge of 10% of the amount of container recycling levy or the surcharge mentioned in paragraph (a) that is outstanding at the expiry of 6 months after the period mentioned in subsection (9).(12) An outstanding amount of container recycling levy or surcharges payable under this section is recoverable as a civil debt due to the Government.(13) If an appeal is made under Division 5 of Part 2 against an assessment notice, any amount of container recycling levy or surcharges that is outstanding remains payable under this section pending the determination of the appeal unless the Director decides otherwise.(14) (Repealed 27 of 2023 s. 7) Division 4 Regulations 55. Secretary may make regulations for Part 5 (1) The Secretary may, after consulting the Advisory Council on the Environment, make regulations in respect of one or more of the following matters—(a) an application for registration under section 49 and the determination in relation to the application;(b) the cancellation of registration under section 50;(c) the container recycling levy for each type of regulated article;(d) the payment of container recycling levy by registered suppliers;(e) the submission of returns by registered suppliers;(f) the information to be contained in the returns;(g) the records and documents to be kept by registered suppliers;(h) the submission of audit reports by registered suppliers;(i) an exemption under section 56.(2) A regulation made under subsection (1) is subject to the approval of the Legislative Council. Division 5 Supplementary Provisions 56. Exemptions for registered supplier with container waste reduction plan (1) A registered supplier may, in accordance with the Regulated Articles Regulation, apply to the Director for exemption from section 51, 52 or 53 in relation to any type of regulated article.(2) The application must be accompanied by—(a) an application fee prescribed by the Regulated Articles Regulation; and(b) a container waste reduction plan specifying, in relation to the type of regulated article for which the exemption is sought, the arrangement for the recovery and reuse or recycling of the containers concerned.(3) The Director must refuse the application if the Director considers that the container waste reduction plan—(a) is impracticable; or(b) cannot ensure the recovery and reuse or recycling of the containers concerned in an environmentally sound manner.(4) A registered supplier who is aggrieved by the Director’s refusal of the application may lodge an appeal in accordance with section 13.(5) The Director may grant the exemption subject to any terms and conditions relating to—(a) its duration;(b) the implementation of the container waste reduction plan;(c) auditing, reporting and record keeping; and(d) any other matter the Director considers appropriate. 57. Secretary may amend Schedule 8 (1) The Secretary may, after consulting the Advisory Council on the Environment, by notice published in the Gazette, amend Schedule 8.(2) A notice made under subsection (1) is subject to the approval of the Legislative Council. Part 6 Regulated Plastic Products (Part 6 added 27 of 2023 s. 36) Division 1 Preliminary 58. Interpretation of Part 6 In this Part—catering business (餐飲業務)—see section 64;catering premises (餐飲處所)—see section 63;demand notice (繳款通知書) means a notice served under section 86(2);fixed penalty (定額罰款) means the penalty referred to in section 83(2);immediate consumption (即時食用或飲用)—see section 65;penalty notice (罰款通知書) means a notice given under section 83(2);premises (處所) includes—(a) any structure; and(b) a cart or other conveyance;preparation (製備), in relation to any food or drink, means any form of cooking, or any other treatment that changes the form or flavour of the food or drink, but does not include the trimming of fresh produce, and prepared food or drink (經製備食物或飲品) and unprepared food or drink (未經製備食物或飲品) are to be construed accordingly;recovery order (追討令) means an order made under section 89(2);specified form (指明格式) means a form specified under section 96;supply (供應)—see section 59;wholly contained (完全載於), in relation to any food or drink, means that the food or drink is wholly wrapped or enclosed in, or covered by, any packaging, irrespective of whether there is any hole on the packaging or whether the opening of the packaging is sealed or folded. 59. Meaning of supply (1) For the purposes of this Part—supply (供應), in relation to a product, means—(a) provide or distribute the product; or(b) transmit or deliver the product for providing or distributing the product,but does not include any such act done with a view that the product is to be exported in the course of business.(2) For the purposes of this Part, a product is supplied—(a) whether it is supplied as the subject of a transaction or supplied in addition to the subject of a transaction; and(b) whether or not it is supplied together with another product as a single item of goods.(3) However, for the purposes of this Part, a person (provider) who only provides any one or more of the following services is not to be regarded as supplying a product to another person—(a) transporting for another person a product that does not belong to the provider;(b) making arrangement to facilitate the collection by another person of a product that does not belong to the provider;(c) making arrangement to facilitate the payment by another person for a product that does not belong to the provider. 60. Supplying products at time of providing dine-in service For the purposes of this Part, a product is supplied by a person (caterer) at the time of providing a dine-in service if—(a) any food or drink is supplied by the caterer—(i) on any catering premises of the caterer; and(ii) in the course of the caterer’s catering business,to another person for consumption on the premises; and(b) either—(i) the product is supplied by the caterer together with the food or drink and is used by the caterer for the purpose of serving the food or drink for consumption on the premises; or(ii) the product is supplied by the caterer for the purpose of facilitating the consumption of the food or drink by a person on those premises. 61. Supplying products at time of providing catering service For the purposes of this Part, a product is supplied by a person (caterer) at the time of providing a catering service if—(a) any food or drink is supplied by the caterer in the course of the caterer’s catering business to another person (customer) for consumption at a place arranged by the customer, other than any catering premises of the caterer;(b) as part of the transaction, the caterer, or a person employed or engaged by the caterer (attendant), is present at the place at the time when the food or drink is, or is to be, consumed; and(c) either—(i) the product is supplied by the caterer or attendant together with the food or drink and is used by the caterer or attendant for the purpose of serving the food or drink for consumption at the place; or(ii) the product is supplied by the caterer or attendant for the purpose of facilitating the consumption of the food or drink by a person at the place. 62. Supplying products at time of providing takeaway service (1) For the purposes of this Part, a product is supplied by a person (caterer) at the time of providing a takeaway service if—(a) any food or drink supplied by the caterer in the course of the caterer’s catering business to another person is to be taken away from any catering premises of the caterer;(b) the food or drink is prepared food or drink ready for immediate consumption;(c) the product is supplied by the caterer for the purpose of—(i) facilitating a person to take away the food or drink from the premises; or(ii) facilitating the consumption of the food or drink by a person outside those premises; and(d) the transaction does not include the presence of the caterer, or a person employed or engaged by the caterer, at the place where the food or drink is, or is to be, consumed.(2) Subsection (1) does not apply if—(a) the food or drink is supplied by the caterer to another person (customer) for the customer to supply it to a third person in the course of the customer’s business;(b) before the food or drink is supplied to the customer, the food or drink is wholly contained in any packaging; and(c) the food or drink is so contained at a place other than the place at which it is supplied by the customer to a third person. 63. Supplementary provisions relating to catering premises (1) For the purposes of sections 60, 61 and 62, the catering premises of a person (caterer) are premises on which the caterer carries on a catering business (primary premises).(2) Also, for the purposes of sections 60, 61 and 62, an area is to be regarded as part of the catering premises of the caterer if—(a) seating or tables are made available (whether or not by the caterer) in the area specifically for customers of the caterer for dining purpose; and(b) the area—(i) is adjacent to the primary premises; or(ii) forms part of any premises within which the primary premises are situated. 64. Supplementary provisions relating to catering business (1) For the purposes of sections 60, 61, 62 and 63, a person (caterer) carries on a catering business if the caterer carries on a business of providing a food and drink service.(2) A caterer carries on a business of providing a food and drink service if—(a) the caterer carries on a business of supplying food or drink for consumption by customers at a particular place, and the caterer, or a person employed or engaged by the caterer, is present at the place to serve the customers; or(b) the caterer carries on a business of supplying prepared food or drink ready for immediate consumption.(3) For the purposes of subsection (1), if a person carries on a business that comprises—(a) the provision of a food and drink service; and(b) the carrying on of any other activity,only the part of the business constituted by the provision of a food and drink service is to be regarded as a catering business. 65. Meaning of immediate consumption For the purposes of this Part, any food or drink that may be consumed without further preparation is food or drink ready for immediate consumption. Division 2 Prohibition on Manufacture of Certain Plastic Products 66. Manufacture of certain plastic products prohibited A person must not, in the course of the person’s business, manufacture a product specified in column 2 of Part 2 of Schedule 10. 67. Offence relating to section 66 (1) A person who contravenes section 66 commits an offence.(2) A person who commits an offence under subsection (1) is liable on conviction to a fine at level 6. Division 3 Prohibition on Supply or Display of Certain Plastic Tableware etc. 68. Supply of certain plastic tableware prohibited (1) Subject to subsection (2) and section 71, a person (supplier) must not, in the course of the supplier’s business, supply to another person a product specified in column 2 of Part 3 of Schedule 10.(2) Subsection (1) does not apply to the supply of a product to a person (customer) if—(a) the product is a product prescribed in Schedule 11;(b) the product is, or forms part of, the packaging of—(i) any unprepared food or drink; or(ii) any prepared food or drink not ready for immediate consumption;(c) the product is supplied by the supplier at the time of providing a dine-in, catering or takeaway service; Note (with no legislative effect)— See section 69 for the prohibition on the supply of plastic tableware at the time of providing a dine-in or catering service, and section 70 for the prohibition on the supply of plastic tableware at the time of providing a takeaway service. (d) the supplier reasonably believes that the customer acquires the product for the purpose of supplying it to another person in the course of the customer’s business;(e) the supplier reasonably believes that the customer acquires the product for the purpose of using it in a manufacturing process; or(f) the supplier reasonably believes that the customer acquires the product for it to be used—(i) in any forensic analysis, scientific research or experiment, or medical treatment or procedure; or(ii) for taking medicine. 69. Supply at time of providing dine-in or catering service prohibited (1) Subject to subsection (2) and section 71, a person must not supply a product specified in column 2 of Part 4 of Schedule 10 at the time of providing a dine-in or catering service.(2) Subsection (1) does not apply if the product is a product prescribed in Schedule 11. 70. Supply at time of providing takeaway service prohibited (1) Subject to subsection (2) and section 71, a person must not supply a product specified in column 2 of Part 5 of Schedule 10 at the time of providing a takeaway service.(2) Subsection (1) does not apply if the product is a product prescribed in Schedule 11. 71. Exception: supply to persons for medical reason etc. Sections 68(1), 69(1) and 70(1) do not apply to the supply of a product specified in column 2 of Part 6 of Schedule 10 by a person (supplier) to another person (customer) if—(a) the product is supplied on the request of the customer on the ground that a person needs to use the product to consume any food or drink due to a disability or for a medical reason; and(b) the supplier reasonably believes that the product is to be used by a person who needs to use the product to consume any food or drink due to a disability or for a medical reason. 72. Display of certain plastic tableware etc. prohibited (1) Subject to subsection (3), a person (supplier) must not, in the course of the supplier’s business, display a product specified in column 2 of Part 3 of Schedule 10, or information relating to such a product, to potential customers of the product for the purpose of providing or distributing (whether or not by the supplier) the product to such potential customers.(2) For the purposes of subsection (1), a product or information is displayed to potential customers of the product if—(a) it is visible to such potential customers;(b) such potential customers can view it by using an electronic device; or(c) it is kept in a place where such potential customers can access it.(3) Subsection (1) does not apply if—(a) the product, if supplied, is a product prescribed in Schedule 11;(b) the product is, or forms part of, the packaging of—(i) any unprepared food or drink; or(ii) any prepared food or drink not ready for immediate consumption;(c) the product is to be supplied by the supplier at the time of providing a dine-in, catering or takeaway service;(d) the supplier displays the product or information to a person on the person’s request;(e) the supplier displays the product or information to a person in the reasonable belief that, if the product is acquired by the person—(i) the person will, in the course of the person’s business, supply the product to another person; or(ii) the person will use the product in a manufacturing process; or(f) the supplier displays the product or information with a view that the product is to be exported in the course of business.(4) For the purposes of this section, information relating to a product includes—(a) a photograph, image or drawing of the product;(b) any information describing the product (such as its brand, size, style or material); and(c) the price of the product.(5) To avoid doubt, a statement indicating the availability of a product is not in itself regarded as information relating to a product.(6) In this section—potential customer (潛在顧客), in relation to a product, means a person other than—(a) the person who displays the product or information relating to the product;(b) the person who is to provide or distribute the product; or(c) a person employed or engaged by the person mentioned in paragraph (a) or (b) for the purpose of—(i) displaying the product or information relating to the product; or(ii) providing or distributing the product. 73. Offences relating to sections 68, 69, 70 and 72 (1) A person who contravenes section 68(1), 69(1), 70(1) or 72(1) commits an offence.(2) A person who commits an offence under subsection (1) is liable on conviction to a fine at level 6.(3) If a person is charged with an offence under subsection (1), it is a defence to establish that the person exercised due diligence to avoid committing the offence. Division 4 Prohibition on Supply or Display of Other Plastic Products etc. 74. Supply of certain plastic products prohibited (1) Subject to subsection (2), a person (supplier) must not, in the course of the supplier’s business, supply to another person a product specified in column 2 of Part 7 of Schedule 10.(2) Subsection (1) does not apply to the supply of a product to a person (customer) if—(a) the supplier reasonably believes that the customer acquires the product for the purpose of supplying it to another person in the course of the customer’s business;(b) the supplier reasonably believes that the customer acquires the product for the purpose of using it in a manufacturing process;(c) the supplier reasonably believes that the customer acquires the product for it to be used—(i) in any forensic analysis, scientific research or experiment, or medical treatment or procedure; or(ii) for taking medicine; or(d) both of the following conditions are met—(i) the product is supplied on the request of the customer on the ground that a person needs to use the product due to a disability or for a medical reason;(ii) the supplier reasonably believes that the product is to be used by a person who needs to use the product due to a disability or for a medical reason. 75. Supply of oxo-degradable plastic products prohibited A person (supplier) must not, in the course of the supplier’s business, supply to another person a product that the supplier knows is made of oxo-degradable plastic. 76. Display of certain plastic products etc. prohibited (1) Subject to subsections (4) and (5), a person must not, in the course of the person’s business, display a product specified in column 2 of Part 7 of Schedule 10, or information relating to such a product, to potential customers of the product for the purpose of providing or distributing (whether or not by the person) the product to such potential customers.(2) Subject to subsection (5), a person must not, in the course of the person’s business, display a product that the person knows is made of oxo-degradable plastic, or information relating to such a product, to potential customers of the product for the purpose of providing or distributing (whether or not by the person) the product to such potential customers.(3) For the purposes of subsections (1) and (2), a product or information is displayed to potential customers of the product if—(a) it is visible to such potential customers;(b) such potential customers can view it by using an electronic device; or(c) it is kept in a place where such potential customers can access it.(4) Subsection (1) does not apply if—(a) the person (supplier) displays the product or information to a person on the person’s request; or(b) the supplier displays the product or information to a person in the reasonable belief that, if the product is acquired by the person—(i) the person will, in the course of the person’s business, supply the product to another person; or(ii) the person will use the product in a manufacturing process.(5) Subsections (1) and (2) do not apply if the person displays the product or information with a view that the product is to be exported in the course of business.(6) For the purposes of this section, information relating to a product includes—(a) a photograph, image or drawing of the product;(b) any information describing the product (such as its brand, size, style or material); and(c) the price of the product.(7) To avoid doubt, a statement indicating the availability of a product is not in itself regarded as information relating to a product.(8) In this section—potential customer (潛在顧客) has the meaning given by section 72(6). 77. Offences relating to sections 74, 75 and 76 (1) A person who contravenes section 74(1) or 76(1) commits an offence.(2) A person who contravenes section 75 or 76(2) commits an offence.(3) A person who commits an offence under subsection (1) or (2) is liable on conviction to a fine at level 6.(4) If a person is charged with an offence under subsection (1), it is a defence to establish that the person exercised due diligence to avoid committing the offence. Division 5 Prohibition on Supply of Certain Plastic Products without Charge 78. Supply of certain plastic products without charge prohibited (1) Subject to subsection (2), a person must not, in the course of the person’s business, supply to another person without charge a product specified in column 2 of Part 8 of Schedule 10.(2) Subsection (1) does not apply if the product is supplied by a person to another person employed or engaged by the person for the purpose of carrying out any duty or work for which that other person is employed or engaged. 79. Supply of tissue paper packs without charge for promotion purpose prohibited (1) A person must not, in the course of the person’s business, supply to another person without charge a specified tissue paper pack primarily for the purpose of promoting any matter.(2) In subsection (1)—specified tissue paper pack (指明紙巾包) means a tissue paper pack the packaging of which is made of plastic. 80. Offences relating to sections 78 and 79 (1) A person who contravenes section 78(1) or 79(1) commits an offence.(2) A person who commits an offence under subsection (1) is liable on conviction to a fine at level 6.(3) If a person is charged with an offence under subsection (1), it is a defence to establish that the person exercised due diligence to avoid committing the offence. Division 6 Charge for Certain Plastic Products Supplied at Licensed Hotels or Licensed Guesthouses 81. Duty of licensees to charge for certain plastic products supplied at licensed hotels or licensed guesthouses (1) This section applies if the licensee of a licensed hotel or licensed guesthouse supplies to a guest lodging in the hotel or guesthouse for the use of the guest in the accommodation area provided to the guest—(a) a product specified in column 2 of Division 1 of Part 9 of Schedule 10; or(b) a product that—(i) is specified in column 2 of Division 2 of that Part;(ii) is not intended to be used, if not used or used up during the lodging period of the guest, after the lodging period by another guest; and(iii) is contained in a container made of plastic.(2) The licensee must, at or before the end of the lodging period, charge the guest for the product so supplied.(3) The licensee must not offer any rebate or discount to the guest with the effect of directly offsetting any amount charged under subsection (2).(4) In charging an amount under subsection (2), the licensee must issue to the guest a receipt showing the amount charged for the product.(5) For the purposes of this section—(a) a furnished room or suite of rooms hired out by the licensee of a licensed hotel or licensed guesthouse to a guest, or for the use of a guest, for lodging is the accommodation area of the hotel or guesthouse provided to the guest; and(b) the period during which the guest lodges in the hotel or guesthouse is the lodging period of the guest.(6) In this section—Cap. 349 (《第349章》) means the Hotel and Guesthouse Accommodation Ordinance (Cap. 349);licensed guesthouse (持牌賓館) means premises for which a guesthouse licence issued under section 12A(1)(b) of Cap. 349 is in force;licensed hotel (持牌酒店) means premises for which a hotel licence issued under section 12A(1)(a) of Cap. 349 is in force;licensee (持牌人), in relation to a licensed hotel or licensed guesthouse, means a person named on the hotel licence or guesthouse licence as its holder. 82. Offence relating to section 81 (1) A person who contravenes section 81(2), (3) or (4) commits an offence.(2) A person who commits an offence under subsection (1) is liable on conviction to a fine at level 6.(3) If a person is charged with an offence under subsection (1), it is a defence to establish that the person exercised due diligence to avoid committing the offence. Division 7 Fixed Penalty and Related Provisions 83. Director may give penalty notice (1) This section applies if the Director has reason to believe that a person is committing or has committed an offence under section 73(1), 77(1), 80(1) or 82(1).(2) The Director may give the person a notice in the specified form offering the person an opportunity to discharge the person’s liability for the offence by paying a fixed penalty of $2,000 within 21 days after the date on which the notice is given.(3) A penalty notice may be given to the person personally or by affixing it to the person’s place of business. 84. No prosecution or conviction if compliance with penalty notice (1) This section applies to a person who has been given a penalty notice in respect of an offence.(2) Subject to section 88, the person is not liable to be prosecuted or convicted for the offence if the person has paid the fixed penalty within 21 days after the date on which the notice is given. 85. Director may demand personal details and inspect proof of identity (1) This section applies if the Director has reason to believe that a person is committing or has committed an offence under section 73(1), 77(1), 80(1) or 82(1).(2) The Director may, for issuing or serving a summons or other document in relation to the offence, require the person—(a) for an individual—(i) to supply the person’s name, date of birth, address and contact telephone number (if any); and(ii) to produce for inspection the person’s proof of identity; or(b) for a body corporate—(i) to supply the person’s corporate name, registered or principal office address and contact telephone number (if any); and(ii) to produce for inspection the person’s business registration certificate issued under section 6 of the Business Registration Ordinance (Cap. 310).(3) A person who fails to comply with a requirement made under subsection (2) commits an offence and is liable on conviction to a fine at level 2.(4) If a person is charged with an offence under subsection (3), it is a defence to establish that the person had a reasonable excuse for failing to comply with a requirement made under subsection (2).(5) In this section—proof of identity (身分證明文件) has the meaning given by section 17B(1) of the Immigration Ordinance (Cap. 115). 86. Director may serve demand notice in case of failure to pay fixed penalty etc. (1) This section applies if—(a) a person—(i) has been given a penalty notice in respect of an offence; and(ii) fails to pay the fixed penalty within 21 days after the date on which the notice is given; or(b) a person refuses to accept a penalty notice intended to be given to the person in respect of an offence.(2) The Director may serve on the person a notice in the specified form—(a) demanding payment of the fixed penalty;(b) informing the person that the person must notify the Director in writing if the person wishes to dispute liability for the offence; and(c) stating that the payment or notification must be made within 10 days after the date on which the notice is served.(3) A demand notice may not be served later than—(a) if subsection (1)(a) applies—6 months after the date on which the penalty notice is given; or(b) if subsection (1)(b) applies—6 months after the date on which the person refuses to accept the penalty notice.(4) A demand notice may be served by sending it by post to—(a) for an individual—the person’s address; or(b) for a body corporate—the person’s registered or principal office address.(5) A certificate of posting in the specified form purporting to be signed by or for the Director is admissible in evidence in any proceedings under this Part.(6) Unless there is evidence to the contrary, it is presumed—(a) that the certificate of posting was signed by or for the Director; and(b) that the demand notice to which the certificate of posting relates was duly served. 87. No prosecution or conviction if compliance with demand notice (1) This section applies to a person on whom a demand notice has been served in respect of an offence.(2) Subject to section 88, the person is not liable to be prosecuted or convicted for the offence if the person has paid the fixed penalty within 10 days after the date on which the notice is served. 88. Withdrawal of penalty notice or demand notice (1) The Director may withdraw a penalty notice given, or a demand notice served, in respect of an offence—(a) at any time before a recovery order is made; or(b) at any time before any proceedings for the offence commence.(2) If a penalty notice or demand notice is withdrawn—(a) the Director must serve notice of the withdrawal on the person to whom, or on whom, the penalty notice or demand notice has been given or served; and(b) on application by the person, the Director must refund, through the Director of Accounting Services, any amount paid for the fixed penalty.(3) If a penalty notice or demand notice is withdrawn, proceedings for the offence may only be commenced where—(a) the ground, or one of the grounds, on which the notice is withdrawn is that it contains incorrect information; and(b) the incorrect information was supplied by the person to whom, or on whom, the notice was given or served. 89. Recovery of fixed penalty (1) This section applies if a person on whom a demand notice has been served—(a) fails to pay the fixed penalty in accordance with the notice;

and(b) fails to notify the Director in accordance with the notice that the person wishes to dispute liability for the offence.(2) On application made in the name of the Secretary for Justice and production of the documents specified in subsection (5), a magistrate must order the person to pay, within 14 days after the date of service of notice of the order—(a) the fixed penalty;(b) an additional penalty equal to the amount of the fixed penalty; and(c) $300 by way of costs.(3) An application may be made in the absence of the person and the Secretary for Justice may appoint a person or class of persons to make an application.(4) A magistrate must cause notice of a recovery order to be served on the person against whom it is made and it may be served by sending it by post to—(a) for an individual—the person’s address; or(b) for a body corporate—the person’s registered or principal office address.(5) The documents specified for subsection (2) are—(a) a copy of the demand notice;(b) a certificate of posting the demand notice under section 86(5); and(c) an evidentiary certificate, in the specified form, stating the following matters—(i) that the person specified in the certificate had not, before the date of the certificate, paid the fixed penalty;(ii) that the person specified in the certificate had not, before the date of the certificate, notified the Director that the person wished to dispute liability for the offence;(iii) that the address specified in the certificate was, on the date specified in the certificate in relation to the address—(A) for an individual—the person’s address; or(B) for a body corporate—the person’s registered or principal office address.(6) An evidentiary certificate referred to in subsection (5)(c) and purporting to be signed by or for the Director is admissible in evidence in any proceedings under this Part.(7) Unless there is evidence to the contrary—(a) it is presumed that the evidentiary certificate was signed by or for the Director; and(b) the evidentiary certificate is evidence of the facts stated in it. 90. Consequences of compliance with recovery order or failure to do so (1) This section applies to a person against whom a recovery order is made.(2) If the person has complied with the recovery order, the person is not liable to be prosecuted or convicted for the offence to which the order relates.(3) If the person fails to comply with the recovery order, the person—(a) is to be regarded, for the purposes of section 68 of the Magistrates Ordinance (Cap. 227), as having failed to pay the sum adjudged to be paid by a conviction; and(b) is liable to be imprisoned under that section. 91. Application for review of recovery order (1) A person against whom a recovery order is made may apply to a magistrate for review of the order.(2) An application must be made within 14 days after the date on which the recovery order first came to the personal notice of the applicant.(3) The applicant must give reasonable notice of the application to the Director.(4) An application may be made in person or by counsel or solicitor.(5) For securing the attendance of witnesses and generally for conducting the proceedings, the magistrate has all the powers of a magistrate hearing a complaint under the Magistrates Ordinance (Cap. 227). 92. Outcome of review (1) On application under section 91, a magistrate may rescind a recovery order if the magistrate is satisfied that the demand notice did not come to the personal notice of the applicant without any fault of the applicant.(2) If the magistrate rescinds a recovery order, and the applicant wishes to dispute liability for the offence to which the order relates, the magistrate must give leave to that effect.(3) If the magistrate rescinds a recovery order, and the applicant does not wish to dispute liability for the offence to which the order relates, the magistrate—(a) must order the applicant to pay the fixed penalty within 10 days after the date of an order made under this paragraph; and(b) must order that, if the applicant fails to pay the fixed penalty within that period, the applicant must immediately pay—(i) the fixed penalty;(ii) an additional penalty equal to the amount of the fixed penalty; and(iii) $300 by way of costs.(4) Despite section 26 of the Magistrates Ordinance (Cap. 227), if a magistrate gives leave under subsection (2), proceedings may be commenced within 6 months after the date on which the magistrate gives the leave.(5) If the applicant fails to comply with the order under subsection (3)(b), the applicant—(a) is to be regarded, for the purposes of section 68 of the Magistrates Ordinance (Cap. 227), as having failed to pay the sum adjudged to be paid by a conviction; and(b) is liable to be imprisoned under that section.(6) If the applicant has complied with the order under subsection (3)(a) or (b), the applicant is not liable to be prosecuted or convicted for the offence to which the order relates. 93. Power to rescind order on application by Director At any time, a magistrate may for good cause, on application by the Director, rescind—(a) an order for the payment of the fixed penalty; and(b) any other order made under this Division in the same proceedings. 94. Dispute of liability for offence (1) This section applies if a person—(a) has notified the Director in accordance with a demand notice that the person wishes to dispute liability for an offence; or(b) has been given leave under section 92(2) to dispute liability for an offence.(2) A summons issued in any proceedings against the person for the offence may be served on the person in accordance with section 8 of the Magistrates Ordinance (Cap. 227).(3) If—(a) in consequence of the notification or leave, the person appears in any proceedings in answer to a summons; and(b) the person is convicted of the offence after having offered no defence or a defence that is frivolous or vexatious,the magistrate before whom the proceedings are heard must, in addition to any other penalty and costs, impose an additional penalty equal to the amount of the fixed penalty.(4) Any proceedings commenced against a person falling within subsection (1)(a) must terminate if the person pays in accordance with subsection (5)—(a) the fixed penalty;(b) an additional penalty equal to the amount of the fixed penalty; and(c) $500 by way of costs.(5) Payment under subsection (4) must be made at any magistrates’ court not less than 2 days before the day specified in the summons for the person’s appearance, and the summons must be produced at the time of the payment.(6) Neither a Saturday nor a public holiday may be included in the computation of the 2 days’ period mentioned in subsection (5). 95. Protection of Director and authorized officers (1) The Director or an authorized officer is not personally liable for anything done or omitted to be done by the Director or officer in good faith in the performance or purported performance of a function under this Division.(2) The protection conferred by subsection (1) does not affect any liability of the Government for the act or omission. 96. Director may specify form for this Division The Director may specify the form of any notice or certificate for the purposes of this Division. 97. Legislative Council may amend certain amounts The Legislative Council may, by resolution, amend the amount specified in section 83(2), 89(2)(c), 92(3)(b)(iii) or 94(4)(c). Division 8 Supplementary Provisions 98. Burden of proof A person charged with an offence against this Part is taken to have established a matter that needs to be established for a defence under this Part if—(a) there is sufficient evidence to raise an issue with respect to the matter; and(b) the contrary is not proved by the prosecution beyond reasonable doubt. 99. Exemption regulations made by Chief Executive in Council (1) The Chief Executive in Council may make regulations to provide for the exemption of the manufacture or supply of a product, or the display of a product or information, from the application of this Part.(2) The Chief Executive in Council may make regulations under subsection (1) if the Chief Executive in Council considers that—(a) it is necessary to do so for protecting public health; or(b) it is otherwise in the public interest to do so.(3) Without limiting subsection (1), a regulation made under that subsection—(a) may make different provisions for different circumstances; and(b) may be made so as to apply only in specified circumstances. 100. Secretary may make regulations for Part 6 The Secretary may, after consulting the Advisory Council on the Environment, make regulations in respect of any or all of the following matters—(a) payment of fixed penalties, additional penalties and other amounts payable under this Part;(b) such supplemental provisions as are necessary or expedient for giving full effect to the provisions of this Part;(c) any matter ancillary or incidental to those mentioned in this section. 101. Secretary may amend Schedules 10 and 11 The Secretary may, after consulting the Advisory Council on the Environment, by notice published in the Gazette, amend Schedule 10 or 11. Schedule 1 [ss. 18(1) & 21(1) & (2)]Plastic Shopping Bags to which this Ordinance Applies 1. Meaning of plastic shopping bags (1) A bag made of plastic is a plastic shopping bag to which this Ordinance applies, whether or not there is a handle, handle hole, perforated line for tearing out a handle hole, carrying string or strap, or any other carrying device on, or attached to, the bag. (Replaced 4 of 2014 s. 18. Amended 27 of 2023 s. 37)(2) (Repealed 27 of 2023 s. 37) Schedule 2 [ss. 18(2) & 21(1) & (2)]Plastic Shopping Bags to which this Ordinancedoes not Apply 1. Plastic shopping bags excluded from application of this Ordinance (1) This Ordinance does not apply to the following plastic shopping bags— (Amended 4 of 2014 s. 19)(a)-(b) (Repealed 4 of 2014 s. 19)(c) a bag that—(i) contains either unpackaged goods or more than one piece of goods; and(ii) is sealed before the goods are supplied to the seller concerned; (Amended 4 of 2014 s. 19)(d) (Repealed L.N. 204 of 2022)(da) a bag provided in a single transaction if the bag is the only bag so provided that only contains specified edible items; (Added L.N. 204 of 2022)(db) 2 or more bags provided in a single transaction and only containing specified edible items, if not providing any one of such bags—(i) would make carrying all those items in other such bags (remaining bags) impracticable owing to—(A) the constraint on the size or volume of the remaining bags;(B) the need to spend an unreasonable amount of time to distribute all those items into, and arrange them within, the remaining bags; or(C) the risk that any of the remaining bags breaks; or(ii) would prejudice the quality of any of those items; (Added L.N. 204 of 2022)(e) a bag that forms part of the goods concerned. (Added 4 of 2014 s. 19)(2) (Repealed 4 of 2014 s. 19)(3) For the purposes of subsection (1)(e), a bag is to be regarded as forming part of the goods if—(a) the bag is specifically designed for containing the goods;(b) the bag contains the goods, and the quality of the goods would deteriorate if they were not contained in the bag;(c) the goods are in liquid form and contained in the bag, or the goods are in liquid contained in the bag; or(d) information on how to consume or use the goods is printed, written or labelled on the bag. (Added 4 of 2014 s. 19)(4) In this section—preparation (製備) includes manufacture and any form of cooking or other treatment or preparation for sale; single transaction (單一交易) means a sale for which— (a) one single invoice or receipt is issued; or (b) (if no invoice or receipt is issued) one single payment is made; specified edible item (指明可食用物品) means— (a) an item of food, drink or medicine for human or animal consumption that is—(i) not contained in any packaging; or(ii) not wholly contained in any packaging; or (b) an item of food, drink or medicine for human or animal consumption sold at a place and—(i) that is ready for immediate consumption;(ii) the preparation of which is carried out at the place;(iii) that is intended, at the time of the sale of the item, by the seller for consumption outside the place; and(iv) that is not contained in airtight packaging; wholly contained (完全載於), in relation to a specified edible item, means that the item is wholly wrapped or enclosed in, or covered by, any packaging, irrespective of whether there is any hole on the packaging or whether the opening of the packaging is sealed or folded. (Added L.N. 204 of 2022) Schedule 3 [ss. 18A(2) & 21(1)](Amended 4 of 2014 s. 20)Amount Prescribed for Section 18A(2) (Replaced 4 of 2014 s. 20) $1(Amended 4 of 2014 s. 20; L.N. 137 of 2022) Schedule 4 (Repealed 4 of 2014 s. 21) Schedule 5 [s. 30]Savings and Transitional Provisions Relating to Product Eco-responsibility (Amendment) Ordinance 2014 (Schedule 5 added 4 of 2014 s. 22) 1. Interpretation (1) In this Schedule—pre-amended Ordinance (《原有條例》) means this Ordinance as in force immediately before 1 April 2015;PSB Regulation (《膠袋規例》) means the Product Eco-responsibility (Plastic Shopping Bags) Regulation (Cap. 603 sub. leg. A) as in force immediately before 1 April 2015;specified form (指明表格) means a form specified by the Director under section 9 of this Schedule.(2) In this Schedule, a reference to a provision having a continuing effect under Cap. 1 is a reference to the provision having a continuing effect by the operation of section 23 of the Interpretation and General Clauses Ordinance (Cap. 1).(3) A word or an expression used in this Schedule, and defined or otherwise explained in section 17 of the pre-amended Ordinance or section 2 of the PSB Regulation, has the same meaning as in that section.(4) The saving mentioned in this Schedule for the effect of a provision of the pre-amended Ordinance extends to any other provision of that Ordinance or the PSB Regulation—(a) that defines a word or an expression used in the provision;(b) in accordance with which the provision is to be construed; or(c) by reference to which the provision is to operate. 2. Returns and payment of levies due after 31 March 2015 (1) A person who was a registered retailer at any time within the period beginning on 1 January 2015 and ending on 31 March 2015 must ensure that—(a) a separate return in respect of each registered retail outlet of the person for that period is submitted to the Director;(b) the return is submitted to the Director in writing and in the specified form on or before 30 April 2015; and(c) the return states the information specified in subsection (2).(2) The information is—(a) the total number of plastic shopping bags delivered to the registered retail outlet during that period, except for any bags to be provided from an exempted area of the retail outlet that is subject to the criteria for a Type 2 exemption;(b) the total number of plastic shopping bags provided directly or indirectly to customers during that period from—(i) the retail outlet; or(ii) if there is an exempted area in the retail outlet, any area of the retail outlet that is not exempted;(c) the total amount of levies payable for the bags referred to in paragraph (b); and(d) if an application for registration or deregistration in respect of the retail outlet is approved during that period, the date on which the retail outlet becomes registered or deregistered.(3) On or before 30 April 2015, the person must also pay to the Government the total amount of levies stated in the return in person, by post or by any other means according to the payment instructions contained in the specified form of the return.(4) A person who contravenes subsection (1) or (3) commits an offence and is liable on conviction to a fine at level 5.(5) It is a defence to a charge under subsection (4) for the person charged to prove that the person exercised due diligence to avoid the commission of the offence. 3. Surcharges for offences in respect of payment of levies (1) This section applies if, on or after 1 April 2015, a person is convicted of an offence under either of the following provisions in respect of an amount of levies stated in a return that the person has failed to pay—(a) section 24(3) of the pre-amended Ordinance having a continuing effect under Cap. 1;(b) section 2(4) of this Schedule.(2) The person is also liable to pay—(a) a surcharge of 5% of the amount of levies that are outstanding at the expiry of the due date; and(b) an additional surcharge of 10% of the total amount of levies and the surcharge referred to in paragraph (a) that are outstanding at the expiry of 6 months after the due date.(3) In this section—due date (到期日), in relation to levies stated in a return, means the 30th day after the end of the period to which the return relates. 4. Record keeping (1) A person who has submitted a return under section 2(1) of this Schedule must ensure that the records and documents specified in subsection (2) relating to the return are kept until 31 March 2020.(2) The records and documents are records, invoices, receipts, delivery notes or any other documents that contain sufficient details to enable the Director to readily verify the following matters in respect of each registered retail outlet of the person—(a) the number of plastic shopping bags provided to a customer in each retail transaction of the retail outlet, except for any bags provided from an exempted area of the retail outlet;(b) the amount charged for those bags by the person under section 23(1) of the pre-amended Ordinance;(c) the number of plastic shopping bags contained in each shipment of plastic shopping bags to the retail outlet, except for any bags to be provided from an exempted area of the retail outlet that is subject to the criteria for a Type 2 exemption; and(d) the number of plastic shopping bags procured by the person and relating to each shipment referred to in paragraph (c).(3) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 5.(4) It is a defence to a charge under subsection (3) for the person charged to prove that the person exercised due diligence to avoid the commission of the offence. 5. Assessment notice for conviction or acquittal before 1 April 2015 (1) This section applies if, before 1 April 2015—(a) the Director may make an assessment for the plastic shopping bags provided by a person, and serve an assessment notice on the person, under section 26(2) of the pre-amended Ordinance but has not done so; or(b) the Director has served an assessment notice on a person under that section.(2) Section 26(2), (3), (4), (5), (6), (7), (8), (9), (10), (11) and (12) of the pre-amended Ordinance continues to apply in relation to an assessment under subsection (1)(a) as if a reference to a registered retailer in that section were a reference to the person.(3) Section 26(3), (4), (5), (6), (7), (8), (9), (10), (11) and (12) of the pre-amended Ordinance continues to apply in relation to a notice under subsection (1)(b) as if a reference to a registered retailer in that section were a reference to the person.(4) It is a defence to a charge under section 26(7) of the pre-amended Ordinance having a continuing effect under subsection (2) or (3) for the person charged to prove that the person exercised due diligence to avoid the commission of the offence. 6. Assessment notice for conviction or acquittal on or after 1 April 2015 (1) This section applies if, on or after 1 April 2015, a person—(a) is convicted of an offence under section 9 of this Ordinance relating to any record, document or information on an amount of levies stated in a return submitted by the person in respect of a period under either of the following provisions—(i) section 24(1) of the pre-amended Ordinance;(ii) section 2(1) of this Schedule;(b) is acquitted of an offence mentioned in paragraph (a) in reliance on the defence under section 9 of this Ordinance;(c) is convicted of an offence under section 24(3) of the pre-amended Ordinance having a continuing effect under Cap. 1 for failing to submit a return in respect of a period according to the requirements in section 24(1) of the pre-amended Ordinance;(d) is acquitted of an offence mentioned in paragraph (c) in reliance on the defence under section 27 of the pre-amended Ordinance having a continuing effect under Cap. 1;(e) is convicted of an offence under section 2(4) of this Schedule for failing to submit a return according to the requirements in section 2(1) of this Schedule; or(f) is acquitted of an offence mentioned in paragraph (e) in reliance on the defence under section 2(5) of this Schedule.(2) The Director may—(a) assess the amount of levies payable for the plastic shopping bags provided by the person during that period; and(b) serve an assessment notice on the person demanding payment of—(i) that assessed amount; or (ii) if the person has already paid part of that amount under section 24 of the pre-amended Ordinance, or under section 2 of this Schedule, the balance of that amount.(3) The Director may replace an assessment notice with another assessment notice served for that purpose.(4) An assessment notice served under this section in respect of plastic shopping bags provided during a period may only be served within 5 years after the end of that period.(5) An assessment notice served under this section must also state—(a) the reasons for serving the notice;(b) how the amount of levies assessed by the Director is calculated;(c) when and how payment is to be made; and(d) the right of the person to appeal against the notice.(6) The person must pay the amount of the demanded levies under an assessment notice within a period of 30 days after the date on which the notice is served.(7) A person who contravenes subsection (6) commits an offence and is liable on conviction to a fine at level 5.(8) A person who is convicted of an offence under subsection (7) is also liable to pay—(a) a surcharge of 5% of the amount of levies that are outstanding at the expiry of the period referred to in subsection (6); and(b) an additional surcharge of 10% of the total amount of levies and the surcharge referred to in paragraph (a) that are outstanding at the expiry of 6 months after the period referred to in subsection (6).(9) If an appeal is made under section 7 of this Schedule against an assessment notice served under this section, any amount of levies or surcharges that is outstanding remains payable under this section pending the determination of the appeal unless the Director decides otherwise.(10) The Director may at any time withdraw an assessment notice served under this section by serving a withdrawal notice to that effect.(11) A notice under this section is regarded as duly served when it is sent by post to the last address provided by the person to the Director.(12) It is a defence to a charge under subsection (7) for the person charged to prove that the person exercised due diligence to avoid the commission of the offence. 7. Appeal (1) A person who is aggrieved by a decision of a public officer relating to an assessment notice served under either of the following provisions may, within 21 days after the date on which the notice is served on the person, appeal to the Appeal Board by giving a notice of appeal to the Director stating the reasons for the appeal—(a) section 26 of the pre-amended Ordinance having a continuing effect under section 5 of this Schedule;(b) section 6 of this Schedule.(2) For the purposes of Division 5 of Part 2 of this Ordinance, an appeal made under subsection (1) is to be regarded as an appeal made under section 13 of this Ordinance.(3) In this section—Appeal Board (上訴委員會) has the meaning given by section 12 of this Ordinance. 8. Levies and surcharges are recoverable as civil debt An outstanding amount of levies or surcharges payable under section 2, 3 or 6 of this Schedule is recoverable as a civil debt due to the Government. 9. Specified form (1) The Director may specify the forms to be used under this Schedule.(2) A specified form may require that—(a) it be completed in a specified way;(b) specified information or documents be included in or attached to it; and(c) it be submitted in a specified manner.(3) If any such requirement is not complied with in relation to a specified form for submitting a return under section 2(1) of this Schedule, the return is to be treated as not submitted in the specified form.(4) The Director is to make copies of a specified form available—(a) during office hours at the office of the Director; and(b) through any other means that the Director considers appropriate. 10. Provisions of this Schedule not to derogate from section 23 of Interpretation and General Clauses Ordinance The provisions of this Schedule are in addition to, and not in derogation of, section 23 of the Interpretation and General Clauses Ordinance (Cap. 1). Schedule 6 [ss. 3, 42 & 46]Regulated Electrical Equipment to which this Ordinance Applies (Schedule 6 added 3 of 2016 s. 10) Part 1 Regulated Electrical Equipment (Added 27 of 2023 s. 10) Column 1 Column 2 Column 3 Item Electricalequipment or electronicequipment Definition in this Ordinance 1. Air conditioner A room air conditioner within the descriptions in Division 1 of Part 2 of Schedule 1 to the Energy Efficiency (Labelling of Products) Ordinance (Cap. 598). 2. Refrigerator A refrigerating appliance within the descriptions in Division 2 of Part 2 of Schedule 1 to the Energy Efficiency (Labelling of Products) Ordinance (Cap. 598) (subject to the substitution of “900 litres” in section 1(c)(iii) of that Division for “500 litres”). (Amended 27 of 2023 s. 10) 3. Washing machine A washing machine within the descriptions in Division 4 of Part 2 of Schedule 1 to the Energy Efficiency (Labelling of Products) Ordinance (Cap. 598) (subject to the substitution of “15 kilograms” in section 1(b)(ii) of that Division for “10 kilograms”). (Amended 27 of 2023 s. 10) 4. Television (1) An electronic apparatus that falls within the following descriptions— (a) the apparatus comprises a tuner (or a receiver) and a display screen that are encased in a single casing; (b) the principal function of the apparatus is to receive and display television signals transmitted by an antenna or signal cable; (c) the size of the display screen of the apparatus does not exceed 254 cm (100 inches) (measured diagonally); and (d) (if the apparatus has any other audio visual device attached to it) the device attached to the apparatus is encased in that casing and, together with other components, is connected with the electricity socket by one power cable. (2) A television that falls within the definition of monitor in item 8 of this Schedule is nevertheless regarded, for the purposes of this Ordinance, as a television. 5. Computer (1) An electronic apparatus that is— (a) used for the storage, processing and retrieval of electronic data; and (b) generally called “personal computer”, “PC”, “desktop computer”, “tablet computer”, “laptop computer” or “notebook computer” or by a name with a similar meaning in the course of marketing. (2) A portable electronic apparatus that falls within the descriptions in paragraph (1) is nevertheless not regarded, for the purposes of this Ordinance, as a computer, if— (a) one of the principal functions of the apparatus is for mobile communication through a cellular radio network; (b) the apparatus has the standard voice function of a telephone; (c) the apparatus is connected to the public switched telephone network (PSTN); and (d) the apparatus is generally called “telephone” or “phone” or by a name with a similar meaning in the course of marketing. (3) A computer that falls within the definition of other electrical equipment or electronic equipment in this Schedule is nevertheless regarded, for the purposes of this Ordinance, as a computer. 6. Printer (1) An electronic apparatus that falls within the following descriptions— (a) the weight of the apparatus does not exceed 30 kg (excluding any consumables, power cable and data cable that are designed to be removable with bare hands); and (b) the principal function of the apparatus is to print, by using electronic data from a computer connected to the apparatus, words or images on paper. (2) A printer that can be used as a photocopier, facsimile transmitter or scanner is nevertheless regarded, for the purposes of this Ordinance, as a printer. (3) A facsimile transmitter that can only print words or images on paper by using electronic data transmitted via a telephone signal network is not regarded, for the purposes of this Ordinance, as a printer. 7. Scanner An electronic apparatus that falls within the following descriptions— (a) the weight of the apparatus does not exceed 30 kg (excluding any consumables, power cable and data cable that are designed to be removable with bare hands); and (b) the principal function of the apparatus is to generate, by an optical scanning of any word or image on a surface placed immediately against a transparent panel of the apparatus, electronic data from which the word or image can be reproduced. 8. Monitor An electronic apparatus that falls within the following descriptions— (a) the apparatus does not have the function of storing electronic data or computing; (b) the principal function of the apparatus is to generate, by using electronic data from a computer connected to the apparatus, words or images on a display screen by means of cathode-ray tube (CRT), liquid crystal display (LCD), plasma, light emitting diode (LED) or laser technology; and (c) the size of the display screen of the apparatus is not smaller than 13.97 cm (5.5 inches) (measured diagonally) but does not exceed 254 cm (100 inches) (measured diagonally). 9. Tumble dryer A household appliance— (a) in which textiles are dried by tumbling in a rotating drum; and (b) that— (i) uses mains electricity as the only power source for heating; and (ii) has a rated drying capacity not exceeding 15 kilograms. (Added 27 of 2023 s. 10) 10. Dehumidifier A dehumidifier within the descriptions in Division 5 of Part 2 of Schedule 1 to the Energy Efficiency (Labelling of Products) Ordinance (Cap. 598). (Added 27 of 2023 s. 10) Part 2 Supplementary Provisions (Part 2 added 27 of 2023 s. 10) 1. Interpretation In this Schedule—mains electricity (市電) means the electricity that is supplied in Hong Kong at a voltage of 380/220V and a frequency of 50 Hz;rated drying capacity (額定乾衣量), in relation to a household appliance, means the maximum weight of dry textiles, in kilograms, that the household appliance can treat in each drying operation as specified in any material published by the manufacturer or importer of the appliance for the purpose of selling the appliance in Hong Kong. Schedule 7 [ss. 45 & 46]Regulated Electrical Equipment Exempted from Certain Provisions (Schedule 7 added 3 of 2016 s. 10) Column 1 Column 2 Column 3 Item Provision Regulated electrical equipment Schedule 8 [ss. 3 & 57]Regulated Articles to which this Ordinance Applies (Schedule 8 added 13 of 2016 s. 7) Part 1 Interpretation 1. Interpretation In this Schedule—beverage (飲料) means—(a) a ready-to-serve drink, including—(i) alcoholic drink;(ii) water (carbonated or non-carbonated) or water-based flavoured drink (carbonated or non-carbonated);(iii) milk or dairy-based drink;(iv) soybean-based drink;(v) fruit or vegetable juice or nectar;(vi) coffee, coffee substitute, tea or herbal infusion; and(vii) cereal grain drink; or(b) a product that—(i) is a liquid or consists of liquid; and(ii) is commonly served as a drink after being diluted or reconstituted. Part 2 Regulated Articles Column 1 Column 2 Column 3 Item Product Container 1. Beverage Glass container, whether in the form of a bottle, jar or otherwise Schedule 9 [s. 46A]Savings and Transitional Provisions relating to Product Eco-responsibility (Amendment) Ordinance 2023 (Schedule 9 added 27 of 2023 s. 22) 1. Interpretation In this Schedule—Amendment Ordinance (《修訂條例》) means the Product Eco-responsibility (Amendment) Ordinance 2023 (27 of 2023);appointed date (指定日期) means the commencement date* of Part 4 of the Amendment Ordinance;pre-amended Regulation (《原有規例》) means the REE Regulation as in force immediately before the appointed date;REE Regulation (《受管制電器規例》) means the Product Eco-responsibility (Regulated Electrical Equipment) Regulation (Cap. 603 sub. leg. B);registered supplier (登記供應商) has the meaning given by section 31. Editorial Note: * Commencement date: 1 July 2024. 2. Returns to be submitted under section 38(1) (1) This section applies in relation to a return submitted by a registered supplier under section 38(1) if the return is submitted—(a) in accordance with section 11 of the REE Regulation for a period beginning on a date before the appointed date; and(b) after the appointed date.(2) The return must contain the information specified in section 14 of the pre-amended Regulation as if section 14(1) of the pre-amended Regulation had not been repealed by the Amendment Ordinance.(3) For all purposes of this Ordinance, the return is not considered as submitted in accordance with the REE Regulation if subsection (2) is not complied with. 3. Records to be kept under section 38(4): returns submitted before appointed date (1) This section applies to a registered supplier who has, before the appointed date, submitted under section 38(1) a return in respect of a period in a calendar year.(2) The registered supplier must keep the records and documents prescribed by section 15 of the pre-amended Regulation relating to the return during the 5 years after that calendar year as if section 15(3)(a) of the pre-amended Regulation had not been repealed by the Amendment Ordinance.(3) For all purposes of this Ordinance as regards the return—(a) the records and documents required to be kept under subsection (2) are regarded as records and documents relating to the return prescribed under section 15 of the REE Regulation; and(b) a reference to keeping records and documents in accordance with section 15 of the REE Regulation is a reference to keeping records and documents in accordance with subsection (2). 4. Records to be kept under section 38(4): returns submitted after appointed date (1) This section applies to a registered supplier who has, after the appointed date, submitted under section 38(1) a return in relation to which section 2 of this Schedule applies and the return is submitted in respect of a period in a calendar year.(2) The registered supplier must keep the records and documents prescribed by section 15 of the pre-amended Regulation relating to the return during the 5 years after that calendar year as if section 15(3)(a) of the pre-amended Regulation had not been repealed by the Amendment Ordinance.(3) For all purposes of this Ordinance as regards the return—(a) the records and documents required to be kept under subsection (2) are regarded as records and documents relating to the return prescribed under section 15 of the REE Regulation; and(b) a reference to keeping records and documents in accordance with section 15 of the REE Regulation is a reference to keeping records and documents in accordance with subsection (2). Schedule 10 [ss. 66, 68, 69, 70, 71, 72, 74, 76, 78, 81 & 101]Regulated Plastic Products to which this Ordinance Applies (Schedule 10 added 27 of 2023 s. 38) Part 1 Interpretation 1. Interpretation (1) In this Schedule—balloon stick (氣球棒) means a stick designed to be used primarily for attaching to, and supporting, a balloon;disposable plastic stemmed cotton bud (塑膠柄即棄棉花棒) means a small, thin stick made of plastic with cotton wool attached around one or both tips of the stick, designed to be used primarily for cosmetic applications or personal hygiene, where the stick (whether together with the cotton wool or not) is disposable;*disposable plastic stemmed dental floss (塑膠柄即棄牙線棒) means a product constituted by a thread and a holder made of plastic for holding the thread, designed to be used primarily for cleaning between the teeth, where the holder (whether together with the thread or not) is disposable;*ear-plug (耳塞) means a product primarily designed to be put into a person’s ear to keep out noise or water;EPS (發泡膠) means expanded polystyrene;food container (食物容器) means a container designed to be used primarily for containing food, other than a cup, plate, bag or wrapper;food stick (食物籤) means a stick designed to be used primarily for holding or picking up food;glow stick (螢光棒) means a tube made of plastic containing isolated chemicals that, when combined, are capable of producing light through chemical reaction;*multipack rings (包裝環) means a set of connected rings designed to be used primarily for holding 2 or more products as a single item;party hat (派對帽) means a hat primarily designed to be worn by guests at a party;plastic inflatable cheer stick (塑膠打氣棒) means a product made of plastic designed to be used primarily for, after being filled with air, making noise when 2 of them are hit together;*tablecloth (桌布) means a large sheet designed to be used primarily for covering a table;toothpick (牙籤) means a product designed to be used primarily for picking the teeth;umbrella bag (雨傘袋) means a bag designed to be used primarily for carrying or holding a wet umbrella.(2) For the purposes of this Schedule—(a) a reference to a product made of EPS is a reference to a product wholly or partly made of EPS; and(b) a reference to a product made of non-EPS plastic is a reference to a product made of plastic that is not EPS. Editorial Note: * Not yet in operation. Part 2 Plastic Products that must not be Manufactured Column 1 Column 2 Item Product 1. Product made of oxo-degradable plastic Part 3 Plastic Tableware that must not be Supplied or Displayed Column 1 Column 2 Item Product 1. Disposable tableware made of EPS 2. Any of the following disposable tableware made of non-EPS plastic— (a) straw; (b) stirrer; (c) cutlery; (d) plate; *(e) cup; *(f) cup lid; *(g) food container; *(h) food container cover Editorial Note: * Not yet in operation. Part 4 Plastic Tableware that must not be Supplied at Time of Providing Dine-in or Catering Service Column 1 Column 2 Item Product 1. Disposable tableware made of EPS 2. Any of the following disposable tableware made of non-EPS plastic— (a) straw; (b) stirrer; (c) cutlery; (d) plate; (e) cup; (f) cup lid; (g) food container; (h) food container cover Part 5 Plastic Tableware that must not be Supplied at Time of Providing Takeaway Service Column 1 Column 2 Item Product 1. Disposable tableware made of EPS 2. Any of the following disposable tableware made of non-EPS plastic— (a) straw; (b) stirrer; (c) cutlery; (d) plate; *(e) cup; *(f) cup lid; *(g) food container; *(h) food container cover Editorial Note: * Not yet in operation. Part 6 Plastic Tableware that may be Supplied for Medical Reason etc. Column 1 Column 2 Item Product 1. Any of the following disposable tableware made of non-EPS plastic— (a) straw Part 7 Other Plastic Products that must not be Supplied or Displayed Column 1 Column 2 Item Product 1. Disposable food stick made of plastic 2. Disposable plastic stemmed cotton bud 3. Disposable balloon stick made of plastic 4. Disposable plastic inflatable cheer stick 5. Disposable glow stick 6. Disposable party hat made of plastic 7. Disposable umbrella bag made of plastic 8. Disposable toothpick made of plastic *9. Disposable tablecloth made of plastic *10. Disposable multipack rings made of plastic *11. Disposable plastic stemmed dental floss Editorial Note: * Not yet in operation. Part 8 Plastic Products that must not be Supplied without Charge Column 1 Column 2 Item Product 1. Disposable gloves wholly or partly made of polyethylene *2. Disposable ear-plug made of plastic Editorial Note: * Not yet in operation. Part 9 Plastic Products that may only be Supplied with Charge at Licensed Hotels or Licensed Guesthouses Division 1 Products Specified for purposes of Section 81(1)(a) Column 1 Column 2 Item Product 1. Tooth brush with a handle made of plastic 2. A thing intended to be used as toothpaste contained in a container made of plastic 3. Shower cap made of plastic 4. Shaving razor made of plastic 5. Nail file made of plastic 6. Comb made of plastic 7. Water contained in a disposable container made of plastic Division 2 Products Specified for purposes of Section 81(1)(b) Column 1 Column 2 Item Product 1. A thing in liquid or cream form intended to be used for cleaning a person’s hair (such as a shampoo) 2. A thing in liquid or cream form intended to be used as a hair conditioner 3. A thing in liquid or cream form intended to be used for cleaning a person’s body (such as a bath gel or shower gel) 4. A thing in liquid or cream form intended to be used for moisturizing a person’s skin 5. A thing in liquid or cream form intended to be used for cleaning a person’s hands while washing the hands Schedule 11 [ss. 68, 69, 70, 72 & 101]Products to which Sections 68(1), 69(1), 70(1) and 72(1) do not Apply (Schedule 11 added 27 of 2023 s. 38) 1. Pre-packaged food or drink products (1) The product prescribed for the purposes of sections 68(2)(a), 69(2), 70(2) and 72(3)(a) is a product (plastic product) that forms part of another product (final product) supplied by a person (supplier) to another person (customer) as a pre-packaged food or drink product.(2) For the purposes of subsection (1), a plastic product forms part of a final product supplied by a supplier to a customer as a pre-packaged food or drink product if—(a) before the supply, the food or drink was packaged at a place other than the place at which the final product is supplied (supply point);(b) any of the following conditions is met—(i) the plastic product is, or forms part of, the packaging of the food or drink;(ii) the plastic product was attached to the packaging of the food or drink at a place other than the supply point and was so attached to be used for consuming the food or drink;(iii) the plastic product was placed inside the packaging of the food or drink at a place other than the supply point and was so placed to be used for consuming the food or drink; and(c) before the supply, the food or drink was wholly contained in any packaging.(3) However, for the purposes of subsection (1), the final product is not supplied to a customer as a pre-packaged food or drink product if, before the supply—(a) the contents of the package have been altered at the supply point; or(b) the package has been opened, or the packaging has been changed, at the supply point.(4) For the purposes of this section, if a final product is collected by the customer at a place (collection point) other than any of the supplier’s business premises, the supplier’s business premises from where the product is transported to the collection point in the following manner is to be regarded as the supply point—(a) by the supplier; or(b) by a person arranged by the supplier or the customer only to transport the product.(5) In this section—business premises (業務處所), in relation to a person who supplies a product, means the premises on which the person carries on a business for supplying the product, and includes the premises used by the person for storing the product.(6) Expressions used in this Schedule that are used in Part 6 have the same meaning in this Schedule as in that Part.