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

47. Service of notices, etc.
A notice or other document (however described) required to be served or sent under this Ordinance is to be regarded as having been duly served or sent if—
(a) in the case of the Director—
(i) it is addressed to the Director and delivered to him at his principal office; or
(ii) it is sent to him by registered post addressed to him at his principal office;
(b) in the case of an individual—
(i) it is addressed to the individual and delivered to him by personal service; or
(ii) it is sent to the individual by registered post addressed to the individual at the individual’s last known address;
(c) in the case of a company—
(i) it is addressed to the company and delivered to any officer of the company by hand; or
(ii) it is left at, or sent by post to, the Company’s registered office in Hong Kong; (Amended 28 of 2012 ss. 912 & 920)
(d) in the case of a body corporate (other than a company)—
(i) it is addressed to the body and delivered to any place in Hong Kong at which the body carries on business and given to a person apparently concerned in the management of, or apparently employed by, the body; or
(ii) it is sent to the body by registered post addressed to the body at the body’s last known address; or
(e) in the case of a partnership—
(i) it is addressed to the partnership and delivered to any place in Hong Kong at which the partnership carries on business and given to a person apparently concerned in the management of, or apparently employed by, the partnership; or
(ii) it is sent to the partnership by registered post addressed to the partnership at the partnership’s last known address.

48. Evidence by certificate
(1) In any proceedings for an offence under this Ordinance, a certificate purporting to be signed by the Director or on his behalf by an authorized officer stating that—
(a) a letter of notification has or has not been issued in respect of a prescribed product;
(b) any notice under this Ordinance—
(i) has or has not been served; or
(ii) has or has not been served on any date; or
(c) an authorization to other officers—
(i) has or has not been granted; or
(ii) has or has not been granted on any date,
is evidence of the facts stated in it, and is admissible in evidence on its production without further proof.
(2) In the absence of any evidence to the contrary, the court shall presume that the certificate was signed by the Director or such officer.

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

49. Time limit for prosecution of offences
Notwithstanding section 26 of the Magistrates Ordinance (Cap. 227), a complaint may be made or an information laid in respect of an offence under this Ordinance—
(a) within 6 months after the commission of the offence; or
(b) within 6 months after the offence is discovered by or comes to the notice of the Director.

50. Power of Secretary to make regulations
The Secretary may make regulations—
(a) providing for such matters as are necessary for giving full effect to the provision of this Ordinance; and
(b) generally for the better carrying out of the purposes and provisions of this Ordinance.

51. Director may grant exemptions
(1) The Director may, in any particular case—
(a) exempt in writing any person or prescribed product; or
(b) by notice published in the Gazette, exempt any class of persons or any model or type of prescribed products,
from any or all of the provisions of this Ordinance.
(2) The Director is to state in the notice referred to in subsection (1)(b) the reasons for granting the exemption.
(3) An exemption under this section may be granted subject to such conditions as the Director considers appropriate.
(4) The Director may suspend or withdraw an exemption granted under subsection (1) on the ground that the conditions subject to which the exemption was granted have not been complied with.

52. Delegation of power
The Director may in writing authorize any public officer to exercise any power vested in him or to perform any duty imposed upon him by virtue of any provision of this Ordinance.

53. Power of Director to specify forms
(1) The Director may specify any form to be used for the purposes of any provision of this Ordinance.
(2) If the Director specifies a form under this section, the Director is to make copies available—
(a) at the office of the Electrical and Mechanical Services Department during normal office hours; and
(b) through such other means as the Director considers appropriate.

54. Power of Secretary to amend Schedules
(1) The Secretary may by order published in the Gazette amend Schedules 1, 2 and 3.
(2) An order made under this section may contain such incidental, consequential, supplemental, transitional or savings provisions as may be necessary or expedient in consequence of the order.
(3) An order made under this section to amend Part 1 of Schedule 1 is subject to the approval of the Legislative Council.

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

55. Protection of public officers
(1) A public officer is not personally liable for any act done or omitted to be done by the officer if the officer did or omitted to do the act in the honest belief that the act or omission was required or authorized by or under this Ordinance.
(2) The protection conferred by subsection (1) does not in any way affect the liability of the Government for the act or omission of the public officer.

56. Transitional arrangement for product models manufactured or imported or registered under voluntary energy efficiency labelling scheme before commencement* of sections 4 and 5
(1) A product model is deemed to have complied with the requirements of section 6 if—
(a) the product model has been registered in the name of a person (registration holder