### Waste Disposal Ordinance 《廢物處置條例》

20F. Seizure and disposal of waste following conviction
(1) Where a person is convicted of an offence under section 20E in respect of the import or export of any waste, or the disposal of any imported waste referred to in section 20DA(2), the waste disposal authority may— (Amended 6 of 2006 s. 12)
(a) seize and dispose of the waste; or
(b) by notice in writing require the convicted person, within a specified time—
(i) in the case of a conviction in respect of the import of waste or the disposal of any imported waste referred to in section 20DA(2), to return the waste to the state of export, or to dispose of the waste in Hong Kong to the satisfaction of the waste disposal authority; or
(ii) in the case of a conviction in respect of the export of waste, to take back the waste into Hong Kong, or, if that is not reasonably practicable, to dispose of the waste in an environmentally sound manner,
and may, by such notice or by any other notice in writing, require the convicted person to furnish the waste disposal authority within a specified time with documentary evidence to show that the requirements made under subparagraph (i) or (ii) have been complied with.
(2) If any person fails to comply with a notice given under subsection (1)(b) he commits an offence and is liable to a fine of $200,000 and to imprisonment for 6 months; and where a person is convicted of an offence under this subsection the waste disposal authority may, without further notice, seize and dispose of the waste.
(3) Where the waste disposal authority seizes or disposes of any waste under subsection (1)(a) or (2)— (Amended 6 of 2006 s. 12)
(a) (where the offence is in respect of the import or export of any waste) the importer or exporter of the waste, as the case may be; or 
(b) (where the offence is in respect of the disposal of any imported waste referred to in section 20DA(2)) the convicted person, 
shall be liable to the waste disposal authority for the cost of such seizure and disposal, including the cost of any transportation and storage, and such cost shall be recoverable as a civil debt due to the waste disposal authority.
(Amended 6 of 2006 s. 12)

### Waste Disposal Ordinance 《廢物處置條例》

20G. Defence of due diligence, etc.
(1) A person charged with an offence under this Part has a defence if he proves that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
(2) Without limiting the general nature of subsection (1), a person establishes the defence under that subsection if he proves—
(a) he acted under instructions from his employer; or
(b) he relied on information supplied by another person without reason to believe that the information was false or misleading,
and in either case that he took all steps reasonably open to him to ensure that an offence would not be committed. (Amended L.N. 29 of 2004)
(3) If a person wishes to rely on a defence involving an allegation—
(a) that the commission of the offence was due to an act by or omission of another person (other than acting on the instructions of his employer); or
(b) that he relied on information supplied by another person,
he is not entitled, without leave of the court, to rely on the defence unless 7 clear days before the hearing, he has served on the prosecutor a notice giving all information he then had that identifies or assists in identifying the other person.
(4) Subsection (5) applies to a person charged with an offence under section 20E for the import or export of any e-waste that is not chemical waste. (Added 3 of 2016 s. 17)
(5) It is a defence to the charge for the person to establish that the electrical equipment or electronic equipment concerned did not fall within the definition of that equipment in column 3 of Schedule 6 to the Product Eco-responsibility Ordinance (Cap. 603). (Added 3 of 2016 s. 17)
(6) The person is taken to have established a fact that needs to be established for the defence under subsection (5) if—
(a) there is sufficient evidence to raise an issue with respect to the fact; and
(b) the contrary is not proved by the prosecution beyond reasonable doubt. (Added 3 of 2016 s. 17)

20H. Amendment of the Sixth and Seventh Schedules
The waste disposal authority may by notice published in the Gazette amend the Sixth and Seventh Schedules.

### Waste Disposal Ordinance 《廢物處置條例》

20I. Interpretation and application
(1) In this Part, unless the context otherwise requires—
competent authority (主管當局) means such authority as may be designated by the government of a sovereign state to be responsible, within such geographical areas as that government deems, for receiving the notification of transboundary movement of waste, and any such information related to such movement, and for responding to such notification;
disposal (處置), in relation to waste, means any transfer operation, storage, reprocessing, recycling, material recovery, deposit, destruction, discharge (whether into water or into a sewer or drain or otherwise) or burial (whether underground or otherwise), and dispose of

20J. Purpose of Part IVB
(1) The purpose of this Part is to establish a quantity-based charging scheme for the disposal of municipal solid waste to achieve waste reduction.
(2) Division 2 provides for the mandatory use of designated bags or designated labels when disposing of municipal solid waste.
(3) Division 3 regulates the production, sale and supply of designated bags and designated labels.
(4) Division 4 contains miscellaneous provisions.

20Q. Exemption from section 20K, 20L or 20M granted on application
(1) If satisfied that it is reasonable to do so, the Director may, on application by a person (applicant

20R. Exemption from section 20K, 20L or 20M granted on Director’s own initiative
(1) Subject to subsection (2), the Director may, on the Director’s own initiative, exempt any person or class of persons (exempted person

20S. Who may produce, sell or supply for free
(1) The Director may—
(a) produce designated bags or designated labels;
(b) sell designated bags or designated labels; and
(c) supply designated bags or designated labels for free.
(2) The Director may, on the terms and conditions specified by the Director, authorize any person to—
(a) produce designated bags or designated labels;
(b) sell designated bags or designated labels; or
(c) supply, in the course of a profit-seeking business, designated bags or designated labels for free.
(3) The Director may revoke an authorization granted under subsection (2) if any term or condition specified for the authorization is contravened.

20T. Director may specify requirements
The Director may, by notice published in the Gazette, specify requirements for designated bags and designated labels, including their sizes, shapes, designs and materials.