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

42. Issue of codes of practice
(1) For the purpose of providing practical guidance in respect of any requirement under this Ordinance, the Director may—
(a) approve and issue such codes of practice (whether prepared by him or not) as in his opinion are suitable for that purpose; and
(b) approve such codes of practice issued or proposed to be issued otherwise than by him as in his opinion are suitable for that purpose.
(2) Where a code of practice is approved under subsection (1), the Director shall, by notice published in the Gazette—
(a) identify the code concerned and specify the date on which his approval is to take effect; and
(b) specify for which of the requirements under this Ordinance the code is so approved.
(3) The Director may—
(a) from time to time revise the whole or any part of any code of practice prepared by him under this section; and
(b) approve any revision or proposed revision of the whole or any part of any code of practice for the time being issued otherwise than by him and approved under this section.
(4) Subsection (2) applies, with the necessary modifications, in relation to the approval of any revision under subsection (3) as they apply in relation to the approval of a code of practice under subsection (1).
(5) The Director may at any time withdraw his approval in respect of any code of practice approved under this section.
(6) The Director is to, before exercising the powers under subsections (1), (3) and (5), consult as the Director thinks fit such organizations which, in the opinion of the Director, represent the interests of—
(a) manufacturers, importers and other suppliers, where applicable; and
(b) consumers,
of energy-using products to which the code of practice applies.
(7) Where an approval in respect of a code of practice is withdrawn under subsection (5), the Director shall, by notice published in the Gazette—
(a) identify the code concerned; and
(b) specify the date on which his approval of the code is to cease to have effect.
(8) References in this Ordinance to an approved code of practice are references to that code as it has effect for the time being by virtue of any revision of the whole or any part of it approved under this section.
(9) The power of the Director under subsection (1)(b) to approve a code of practice issued or proposed to be issued otherwise than by him includes the power to approve a part of such a code and, accordingly, in this Ordinance code of practice (實務守則) may be read as including a part of such a code.

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

43. Use of approved code of practice in proceedings under this Ordinance
(1) A failure on the part of any person to observe any provision of an approved code of practice does not of itself render the person liable to any civil or criminal proceedings.
(2) However, if, in any legal proceedings, the court is satisfied that a provision of an approved code of practice is relevant to determining a matter that is in issue in the proceedings—
(a) the code of practice is admissible in evidence in the proceedings; and
(b) proof that the person contravened or did not contravene a relevant provision of the code of practice may be relied on by any party to the proceedings as tending to establish or negate that matter.
(3) In any legal proceedings under this Ordinance, an approved code of practice which appears to the court to be the subject of a notice under section 42(2) is taken to be the subject of such notice in the absence of evidence to the contrary.
(4) In this section, court (法院) includes a magistrate.

44. Liability of person other than principal offender
(1) Where the commission of an offence under this Ordinance by a body corporate is proved to have been aided, abetted, counselled, procured or induced by, or committed with the consent or connivance of, or was attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, is guilty of the offence and is liable to be proceeded against and punished accordingly.
(2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
(3) Where the commission of an offence under this Ordinance by a partner of a partnership is proved to have been aided, abetted, counselled, procured or induced by, or committed with the consent or connivance of, or was attributable to any neglect on the part of, any other partner of the partnership or any person concerned in the management of the partnership, that other partner or that person concerned in the management of the partnership, as well as the first-mentioned partner, is guilty of the offence and is liable to be proceeded against and punished accordingly.

45. Liability of employers
(1) Any act done or omission made by a person in the course of his employment (employee

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

46. Defence of due diligence
(1) In any proceedings against a person for an offence under section 5, it is a defence for that person to show that he took all reasonable steps and exercised all due diligence to avoid committing the offence.
(2) Where in any proceedings, the defence under subsection (1) involves an allegation that the commission of the offence was due to—
(a) the act or default of another person; or
(b) reliance on information given by another person,
the person charged is not, without the leave of the court, entitled to rely on the defence unless he has served a notice in accordance with subsection (3).
(3) A notice for the purpose of subsection (2) must—
(a) identify or assist in the identification of the person who committed the act or default or gave the information; and
(b) be served on the person bringing the proceedings at least 7 working days before the hearing of the proceedings.
(4) A person is not entitled to rely on the defence under subsection (1) by reason of his reliance on information given by another person, unless he shows that it was reasonable in all the circumstances for him to have relied on the information, having regard in particular to—
(a) the steps which he took, and those which might reasonably have been taken by him, for the purpose of verifying the information; and
(b) whether he had any reason to disbelieve the information.