### Toys and Children’s Products Safety Ordinance 《玩具及兒童產品安全條例》

21. Restrictions on entry and search
(1) No domestic premises shall be entered and searched by an authorized officer unless—
(a) a magistrate has issued a warrant under subsection (2); or
(b) the Commissioner has given an authorization under subsection (3).
(2) A magistrate may, if he is satisfied by information on oath that there is reasonable ground for suspecting that there are in any domestic premises any goods or thing which may be seized, removed or detained under section 20(1)(e), issue a warrant authorizing an authorized officer to enter and search the premises.
(3) The Commissioner may, if he is satisfied that there is reasonable ground for suspecting—
(a) that there are in any domestic premises any goods or thing which may be seized, removed or detained under section 20(1)(e); and
(b) that unless the premises are entered and searched immediately such goods or thing are likely to be removed from the premises,
authorize in writing an authorized officer to enter and search the premises.
(4) An authorized officer authorized under subsection (2) or (3) to enter and search domestic premises may take with him any other person and any equipment as may appear to him to be necessary to assist him in entering and searching the premises.

22. Power to obtain information
(1) Where, in the opinion of the Commissioner, a person possesses information that the Commissioner needs to assist him in deciding whether to serve, vary or revoke—
(a) a notice to warn;
(b) a prohibition notice; or
(c) a recall notice,
he may serve on that person a notice under this section.
(2) For the purposes of subsection (1), a notice may require a person—
(a) to furnish to the Commissioner, within a period specified in the notice, the information specified; and
(b) to produce records specified in the notice at a time and place specified and to permit a person appointed by the Commissioner to take copies of the records at that time and place.
(3) A person who—
(a) fails, without reasonable excuse, to comply with a notice served on him under this section;
(b) furnishes information which he knows is false in a material particular; or
(c) recklessly furnishes information which is false in a material particular,
commits an offence.

### Toys and Children’s Products Safety Ordinance 《玩具及兒童產品安全條例》

23. Obstruction
(1) A person who—
(a) wilfully obstructs an authorized officer in the exercise of his powers or the performance of his duties under this Ordinance; or
(b) without reasonable excuse fails to give such authorized officer any assistance or information which the authorized officer may reasonably require of him for the purpose of the performance of the officer’s functions under this Ordinance,
commits an offence.
(2) A person who, in giving information which is required of him by virtue of subsection (1)(b)—
(a) makes a statement which he knows is false in a material particular; or
(b) recklessly makes a statement which is false in a material particular,
commits an offence.
(3) Nothing in subsection (1)(b) shall be construed as requiring a person to answer any question or give any information if to do so might incriminate him.

### Toys and Children’s Products Safety Ordinance 《玩具及兒童產品安全條例》

24. Destruction or release of seized goods
(1) Where—
(a) toys have been manufactured, imported or supplied contrary to section 3;
(b) Schedule 2 products have been manufactured, imported or supplied contrary to section 5; or (Amended 18 of 2013 s. 14)
(c) toys or children’s products have been manufactured, imported or supplied contrary to section 8,
the goods shall be liable to be destroyed.
(2) Where goods are seized or detained by an authorized officer under section 20, the Commissioner may at any time release the goods to the person who appears to him to be the owner thereof or his authorized agent subject to such conditions as the Commissioner may specify in writing.
(3) Where goods have not been released under subsection (2), the Commissioner may, whether in proceedings where an offence is prosecuted or in other proceedings under this Ordinance, apply to a court or magistrate for the destruction of the goods.
(4) If, on the hearing of an application under subsection (3), the court or magistrate is satisfied that the goods are liable to destruction, the court or magistrate may order that—
(a) the goods be destroyed; or
(b) where it is feasible to alter the goods so that they comply with this Ordinance, the goods be returned to the owner on condition that he so alter the goods, and supply the Commissioner with certification from an approved laboratory that they have been so altered and obtain the written approval of the Commissioner before supplying them to any person.
(5) Where under subsection (3) an application is made to a court or magistrate for the destruction of goods otherwise than in proceedings where an offence is prosecuted, the Commissioner shall forthwith notify in writing the owner of the goods or his authorized agent, unless the owner or his authorized agent has indicated in writing to the Commissioner that such notification is not required or unless the owner of the goods cannot reasonably be ascertained.
(6) If there is more than one owner of the goods, it shall be sufficient for the purposes of subsection (5) to give notice to one such owner or his authorized agent or for one such owner or his authorized agent to indicate that such notification is not required.

### Toys and Children’s Products Safety Ordinance 《玩具及兒童產品安全條例》

25. Defence of due diligence
(1) In any proceedings against a person for an offence under section 3, 5, 8, 10, 11, 12 or 13 or a regulation made under section 35, it shall be 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 provided by subsection (1) involves an allegation that the commission of the offence was due—
(a) to the act or default of another person; or
(b) to reliance on information given by another,

that person shall not, without the leave of the court, be entitled to rely on the defence unless, not less than 7 clear working days before the hearing of the proceedings, he has served a notice on the person bringing the proceedings giving such information identifying or assisting in the identification of the person who committed the act or default or gave the information as is in the possession of the person serving the notice at the time he serves it.
(3) A person shall not be entitled to rely on the defence provided by subsection (1) by reason of his reliance on information supplied 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—
(a) to the steps which he took, and those which might reasonably have been taken, for the purpose of verifying the information; and
(b) to whether he had any reason to disbelieve the information.
(4) A court, in making a decision on the defence provided under subsection (1), may take into consideration the existence of a certificate from an approved laboratory under section 9(2) showing that samples of the toy or children’s product which is the subject of the prosecution had been tested before being sold and had complied with the safety standard specified in the certificate.

### Toys and Children’s Products Safety Ordinance 《玩具及兒童產品安全條例》

26. Liability of persons other than principal offender
(1) Where the commission by any person of an offence to which section 25 applies is due to an act or default committed by some other person in the course of any business of his, the other person shall be guilty of the offence and may be proceeded against and punished whether or not proceedings are taken against the first-mentioned person.
(2) Where a body corporate is guilty of an offence under this Ordinance in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be 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, shall be guilty of that offence and shall be liable to be proceeded against.
(3) Where the affairs of a body corporate are managed by its members, subsection (2) 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.
(4) Where the person who is guilty of an offence under this Ordinance is a firm and it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part of, any partner in the firm or any person concerned in the management of the firm, the partner or the person concerned in the management of the firm shall be guilty of the like offence.