### Product Eco-responsibility Ordinance 《產品環保責任條例》

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 label (循環再造標籤) means a label provided under section 36(1) or (3);
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.

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.

### Product Eco-responsibility Ordinance 《產品環保責任條例》

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.

35. Recycling label and receipt must be provided when distributing regulated electrical equipment
(1) If a registered supplier distributes to a person any regulated electrical equipment mentioned in section 37(1)(a), the supplier must, in accordance with the REE Regulation, provide to the person a recycling label that is appropriate for the equipment.
(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) a recycling label that is appropriate for the equipment; and 
(b) a receipt with the wording prescribed by the Regulation.
(3) For the purposes of subsection (1) or (2), entering into an agreement to distribute does not constitute distribution.
(4) For the purposes of subsection (1) or (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 (1) or (2) commits an offence and is liable to a fine at level 5.

36. Director must provide recycling labels
(1) If a registered supplier applies to the Director in a form specified by the Director for recycling labels of a particular class, the Director must, subject to subsection (2), provide those labels to the supplier.
(2) If the Director considers that the number of the recycling labels applied for is, having regard to the registered supplier’s state of business, more than reasonably necessary for complying with section 35, the Director may refuse the application.
(3) If a person—
(a) requests to be provided with recycling labels of a particular class at a location specified by the Director; and
(b) pays to the Director a recycling levy that is appropriate for the labels,
the Director must, subject to subsection (4), provide those labels to the person.
(4) The Director may set a limit on the number of recycling labels that may be provided to a person under subsection (3) for each request.

### Product Eco-responsibility Ordinance 《產品環保責任條例》

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.