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

9. Providing false information, etc.
(1) A person who, in purported compliance with this Ordinance, produces or provides any record, document or information that is false or misleading in any material particular commits an offence and is liable on conviction to a fine at level 6.
(2) It is a defence to a charge under subsection (1) for the person charged to prove that—
(a) he did not know and had no reason to believe the record, document or information to be false or misleading; or
(b) he exercised due diligence to avoid the commission of the offence.
(3) A person who, without reasonable excuse, omits any material particular from any record, document or information required to be produced or provided by him under this Ordinance commits an offence and is liable on conviction to a fine at level 6.

10. Obstructing authorized officers, etc.
(1) A person who wilfully obstructs or delays an authorized officer in the performance of any of his functions under this Ordinance commits an offence and is liable on conviction to a fine at level 5.
(2) A person who, without reasonable excuse, fails to comply with a requirement properly made of him by an authorized officer under this Ordinance commits an offence and is liable on conviction to a fine at level 4.

11. Offences by body corporate
If—
(a) a body corporate commits an offence under this Ordinance; and
(b) it is proved that the offence was committed with the consent or connivance of a director of, or a person concerned in the management of, the body corporate,
the director or that person also commits the offence and is liable on conviction to the penalty provided.

12. Interpretation of Division 5 of Part 2
In this Division—
appeal (上訴) means an appeal made under section 13;
Appeal Board (上訴委員會) means the Appeal Board established by section 14(1);
Chairman (主席) means the Chairman of the Appeal Board appointed under section 14(2) and includes any person acting as the Chairman under section 16;
Deputy Chairman (副主席) means the Deputy Chairman of the Appeal Board appointed under section 14(4);
legally qualified (具所需法律資格) means qualified for appointment as a District Judge under section 5 of the District Court Ordinance (Cap. 336);
panel member (備選委員) means a member of the panel of persons appointed under section 14(3).

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

13. Appeals
(1) A person who is aggrieved by a decision of a public officer relating to an appealable matter may, within 21 days after the date on which the notice about that matter is served on him, appeal to the Appeal Board by giving a notice of appeal to the Director stating the reasons for the appeal. (Amended 4 of 2014 s. 6)
(2) In this section—
appealable matter (可上訴事宜) means a matter that is specified in this Ordinance as a matter on which an appeal may be made under this section. (Replaced 4 of 2014 s. 6. Amended 3 of 2016 s. 8)

14. Establishment of Appeal Board
(1) There is established an Appeal Board for the purpose of hearing and determining an appeal.
(2) The Chief Executive shall appoint as Chairman of the Appeal Board a person who is legally qualified and not a public officer.
(3) The Chief Executive shall also appoint a panel of persons whom he considers to be suitable for appointment as members of the Appeal Board and who are not public officers.
(4) The Chief Executive shall appoint as Deputy Chairman of the Appeal Board one of the panel members who is legally qualified.
(5) The Chairman, the Deputy Chairman and a panel member shall be appointed for a term of not more than 3 years but may be reappointed.
(6) Every appointment under this section must be published in the Gazette.

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

15. Exercise of Appeal Board’s jurisdiction
(1) The Appeal Board may exercise its jurisdiction in hearing and determining an appeal only if it is duly constituted.
(2) The Appeal Board is duly constituted for the purpose of hearing and determining an appeal if it consists of the following members—
(a) the Chairman; and
(b) at least 2 other members appointed by the Chairman from among the panel members to hear the appeal.
(3) On an appeal, the Appeal Board may confirm, reverse or vary a decision under appeal.
(4) Every question before the Appeal Board shall be determined by the opinion of the majority of the Chairman and the panel members hearing the appeal except a question of law which shall be determined by the Chairman.
(5) In the event of an equality of votes, the Chairman has a casting vote.
(6) The Appeal Board may—
(a) receive evidence on oath;
(b) admit or take into account any statement, document, information or matter whether or not it would be admissible as evidence in a court of law;
(c) by notice in writing summon any person to appear before it to produce any document or to give evidence; and
(d) award such amount for costs in an appeal as is just and equitable in the circumstances of the case.
(7) The party awarded any costs may enforce the award as a civil debt.
(8) Costs awarded against the Director or an authorized officer are charged on the general revenue.
(9) The Chairman may determine any form or matter of practice or procedure in so far as no provision is made for it in this Ordinance.

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

16. Supplementary provisions as to Appeal Board
(1) If the Chairman is precluded by any cause from performing his functions during any period, the Deputy Chairman shall act as Chairman and as such perform all of the functions of the Chairman during that period.
(2) If both the Chairman and the Deputy Chairman are precluded by any cause from performing their functions during any period, the Chief Executive may appoint any other person who is legally qualified and not a public officer to act as Chairman and as such to perform all of the functions of the Chairman during that period.
(3) If a panel member appointed under section 15 to hear an appeal is precluded by any cause from performing his functions during any period, the Chairman may appoint any other panel member to act in his place during that period.
(4) The Chairman, the Deputy Chairman or any panel member may at any time resign his office by notice in writing to the Chief Executive.
(5) If there is a change in the membership of the Appeal Board (whether in respect of the Chairman or any other member) during the hearing of an appeal, the following applies—
(a) in the case where the Appeal Board remains duly constituted according to section 15(2) without the participation of any new or acting member, the Appeal Board may continue the hearing despite the change;
(b) if paragraph (a) does not apply and every party to the appeal consents, the Appeal Board may continue the hearing after reconstitution; or
(c) in any other case, the Appeal Board shall start the hearing afresh after reconstitution.
(6) Any party to an appeal may be represented by a legal representative in the proceedings before the Appeal Board.
(7) The Chairman may, before an appeal is determined, refer a question of law to the Court of Appeal by way of case stated.
(8) In addition to the other powers of the Court of Appeal in hearing a case stated, the Court of Appeal may amend the case or order it to be sent back to the Chairman for amendment.

16A. Application of Part 2A
This Part applies in relation to regulated electrical equipment and regulated articles.