### Energy Efficiency (Labelling of Products) Ordinance 《能源效益(產品標籤)條例》

32. Compensation for seizure and detention of products
(1) Where a prescribed product has been seized or detained by an authorized officer under section 24 or 25, the Government is, subject to this section, liable to compensate the owner of the prescribed product for any loss suffered by the owner as a result of the seizure or detention or by reason that the prescribed product, during the detention, is lost or damaged.
(2) The owner is not entitled to compensation for the loss if—
(a) the owner is convicted of an offence under this Ordinance committed in relation to the prescribed product; or
(b) the District Court or Small Claims Tribunal is satisfied during proceedings commenced by an owner for compensation under this section that—
(i) the prescribed product did not comply with a requirement under this Ordinance; or
(ii) the owner was reasonably required to comply with a prohibition notice served in relation to the prescribed product and the owner has failed to comply with the notice.

(3) A claim for compensation under this section may be made—
(a) in the Small Claims Tribunal, for claims up to the maximum jurisdiction of the Tribunal; or
(b) in the District Court, irrespective of the amount claimed.

33. Appeal to appeal board
(1) A person who is aggrieved by—
(a) a decision of the Director to refuse to issue a letter of notification or to assign a reference number under section 8;
(b) a decision of the Director under section 15 to serve an improvement notice;
(c) a direction specified by the Director in an improvement notice under section 15;
(d) a decision of the Director under section 16 to serve a prohibition notice; or
(e) a decision of the Director under section 17 to remove from the record a reference number,
may appeal to the appeal board against the decision or direction.
(2) An appeal under subsection (1) does not suspend the Director’s decision or direction that is the subject of the appeal unless he decides otherwise.

34. How an appeal is to be commenced
(1) An appellant is to commence an appeal by lodging a notice of appeal in writing with the Director.
(2) The notice of appeal is to be lodged within—
(a) 14 days after the date on which the appellant was notified of the decision or direction appealed against; or
(b) such longer period as the Director may allow.
(3) The notice of appeal is to—
(a) set out the grounds of the appeal and the facts relied on;
(b) be accompanied by a copy of any document the appellant intends to rely on; and
(c) include particulars of any witness the appellant intends to call at the hearing.
(4) When the Director receives a notice of appeal, the Director shall deliver it to the Secretary as soon as reasonably practicable.

### Energy Efficiency (Labelling of Products) Ordinance 《能源效益(產品標籤)條例》

35. Appeal board panel
(1) The Secretary is to appoint an appeal board panel.
(2) The panel appointed under subsection (1) is to consist of the following numbers and categories of persons—
(a) not more than 5 persons who are corporate members of the Hong Kong Institution of Engineers;
(b) not more than 5 persons from tertiary educational institutions;
(c) not more than 5 persons from organizations which, in the opinion of the Secretary, represent the interests of manufacturers, importers or other suppliers of energy-using products; and
(d) not more than 5 persons, each of whom, in the opinion of the Secretary, represents the interests of consumers of energy-using products.
(3) A public officer is not eligible for appointment to the appeal board panel.
(4) The Secretary is to give notice in the Gazette of the appointment of any panel member.
(5) A panel member is to be appointed for a term of 3 years and may be reappointed at the end of a term.
(6) A panel member may resign by notice in writing to the Secretary.
(7) The Secretary may terminate the appointment of a panel member if the Secretary is satisfied that the member—
(a) has become a public officer;
(b) has become bankrupt or has entered into a voluntary arrangement within the meaning of section 2 of the Bankruptcy Ordinance (Cap. 6) with his creditors;
(c) is incapacitated by physical or mental illness;
(d) has ceased to be of the capacity by virtue of which he was appointed; or
(e) is otherwise unable or unfit to perform the functions of a member.
(8) The Secretary is to give notice in the Gazette of the termination of an appointment of a panel member, and upon such notification the office is to become vacant.

36. Appeal board
(1) Within 21 days after receiving a notice of appeal delivered by the Director under section 34, the Secretary shall appoint from among the panel members an appeal board to hear the appeal.
(2) The appeal board is to consist of 5 members, at least one from each category of panel member.
(3) The members of the appeal board are to elect a chairman from among themselves to preside at the hearing of the appeal.
(4) The quorum for a meeting of an appeal board is 4 members.

37. Remuneration of member of appeal board
The remuneration, if any, of the chairman and a member of an appeal board is to be paid at a rate that the Financial Secretary determines.

### Energy Efficiency (Labelling of Products) Ordinance 《能源效益(產品標籤)條例》

38. Proceedings before appeal board
(1) The chairman shall notify the appellant of the time and place of the hearing of the appeal.
(2) The appellant and the Director may be represented by a legal representative or an agent at any proceedings before the appeal board.
(3) The appellant and the Director may adduce evidence at such proceedings.
(4) A legal adviser may be present at such proceedings to advise the appeal board on any matter.
(5) The hearing of the appeal is to be open to the public unless the appeal board determines that there is good reason for it to be held in camera.

39. Determination of appeal
(1) The appeal board may, by a notice signed by the chairman—
(a) order a person to attend before the board and give evidence; or
(b) order a person to produce documents.
(2) If the appeal board reasonably believes that a prescribed product is relevant for the purpose of the appeal, the appeal board may, by a notice signed by the chairman, authorize a person to inspect the prescribed product and for that purpose authorize the person to enter—
(a) subject to paragraph (b), any premises except domestic premises; or
(b) any specified premises, whether or not domestic premises,
where the prescribed product is supplied.
(3) The appeal board may—
(a) confirm, vary or revoke the Director’s decision or direction; or
(b) substitute its own decision or direction for the Director’s decision or direction.
(4) The appeal board may make any order it thinks fit with regard to the payment of costs of the proceedings under this section and the costs of the Director or of any person by whom the proceedings are brought.
(5) The appeal board shall notify the appellant and the Director of its decision and the reasons for it.
(6) The costs awarded or imposed under this section are recoverable as a civil debt.
(7) A person who, without reasonable excuse, fails to comply with an order under subsection (1)(a) or (b) commits an offence and is liable on conviction to a fine at level 5.
(8) Subject to this Ordinance, an appeal board may determine its own procedure.

40. Privileges and immunities of members of appeal board and witnesses
(1) The chairman and members of the appeal board have, in the performance of their functions under this Part, the same privileges and immunities as a judge of the Court of First Instance in civil proceedings in that Court.
(2) A witness, party to any appeal or representative appearing before the appeal board is entitled to the same privileges and immunities as he would have in civil proceedings in the Court of First Instance.

### Energy Efficiency (Labelling of Products) Ordinance 《能源效益(產品標籤)條例》

41. Majority decision
(1) The determination under section 39 by the appeal board shall be that of the majority of the members of the appeal board who may take part in the determination of the appeal, including the chairman.
(2) In the case of an equality of votes, the chairman shall have a casting as well as a deliberative vote.