### Consumer Goods Safety Ordinance 《消費品安全條例》

27. Liability of persons other than principal offender
(1) Where the commission by any person of an offence to which section 22(1), (3) or (4) 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 commits 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, is guilty of the offence and shall be liable to the penalty provided.
(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 commits 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, a partner in the firm or a person concerned in the management of the firm, the partner or the person is guilty of the offence and shall be liable to the penalty provided.

28. Penalties
(1) A person who commits an offence under section 22(1), (3) or (4) shall be liable—
(a) on first conviction, to a fine at level 6 and to imprisonment for 1 year; and
(b) on subsequent conviction, to a fine of $500,000 and to imprisonment for 2 years.
(2) Where an offence referred to in subsection (1) is a continuing offence, in addition to the fine specified in that subsection the person shall be liable to a fine of $1,000 for each day during which it is proved to the satisfaction of the court that the offence has continued.
(3) A person who commits an offence under section 22(5), (6) or (7) or 23 shall be liable to a fine at level 3 and to imprisonment for 1 year.

29. Limitation on commencement of proceedings
Notwithstanding section 26 of the Magistrates Ordinance (Cap. 227), an information or complaint relating to an offence under this Ordinance may be tried if it is laid or made, as the case may be, at any time within 3 years after the commission of the offence or within 12 months after the first discovery of the offence by the prosecutor, whichever period expires first.

### Consumer Goods Safety Ordinance 《消費品安全條例》

30. Regulations
(1) The Secretary may by regulation provide for the following matters—
(a) establishing a safety standard or safety specification which he reasonably believes will materially enhance the safety of consumer goods; (Replaced 15 of 1997 s. 6)
(b) prohibiting the supply, manufacture in Hong Kong, or importation into Hong Kong, of specified consumer goods or a class of consumer goods.
(2) A regulation may provide that a person who contravenes it commits an offence and shall be liable—
(a) on first conviction, to a fine at level 6 and to imprisonment for 1 year; and
(b) on subsequent conviction, to a fine of $500,000 and to imprisonment for 2 years.

31. Destruction or release of seized goods
(1) Where consumer goods have been supplied, manufactured or imported contrary to section 6, the consumer goods shall be liable to be destroyed.
(2) Where consumer goods are seized or detained by an authorized officer under section 19, the Commissioner may at any time release the consumer goods to the person who appears to him to be the owner or his authorized agent subject to such conditions as the Commissioner may specify in writing.
(3) Where consumer 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 consumer goods.
(4) If, on the hearing of an application under subsection (3), the court or magistrate is satisfied that the consumer goods are liable to destruction, the court or magistrate may order that—
(a) the consumer goods be destroyed; or
(b) where it is feasible to alter the consumer goods so that they comply with this Ordinance, the consumer goods be returned to the owner on condition that he so alter the consumer 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 consumer goods otherwise than in proceedings where an offence is prosecuted, the Commissioner shall forthwith notify in writing the owner of the consumer 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 consumer goods cannot reasonably be ascertained.
(6) If there is more than one owner of the consumer 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.

### Consumer Goods Safety Ordinance 《消費品安全條例》

32. Compensation for seizure and detention
(1) Where any consumer goods are seized or detained by an authorized officer under section 19 or 34, the Government shall, subject to this section, be liable to compensate the owner of the consumer goods for any loss suffered by him by reason of the seizure or detention or by reason that the consumer goods, during the detention, are lost or damaged.
(2) The owner shall not be entitled to compensation for the loss if—
(a) he is convicted of an offence under this Ordinance committed in relation to the consumer goods;
(b) an order has been made by a court or magistrate under section 31(4) for the destruction of the consumer goods or the return of the consumer goods for alteration; or
(c) the court or magistrate is satisfied during proceedings commenced by an owner for compensation under this section that—
(i) the consumer goods did not comply with an approved standard or a safety standard or safety specification established by regulation; (Amended 15 of 1997 s. 7)
(ii) the consumer goods did not comply with the general safety requirement;
(iii) the owner was reasonably prohibited from supplying the consumer goods;
(iv) the owner was reasonably required to issue a warning notice or modify or withdraw the consumer goods; or
(v) the owner was reasonably required to modify or withdraw the labelling, packaging or advertising of the consumer goods.
(3) In any proceedings against the Government in respect of a claim for compensation under subsection (1), the amount of the compensation recoverable shall be such amount as is just and equitable in all the circumstances of the case, including the conduct and comparative blameworthiness of—
(a) the owner of the consumer goods;
(b) the person in charge or control of the consumer goods at the time they were seized;
(c) the agents of the persons specified in paragraphs (a) and (b); and
(d) authorized officers, public officers and other persons concerned.
(4) No proceedings shall be maintainable in respect of a claim for compensation under subsection (1) unless the proceedings are commenced—
(a) in the case of a claim for compensation in respect of consumer goods released to their owner by order of a court or magistrate or by any person having authority to release the consumer goods to him, not later than 6 months after the release;
(b) in the case of a claim for compensation on the ground that any consumer goods were lost during their detention, not later than 6 months after—
(i) the discovery by the owner of the loss; or
(ii) the date on which the owner could, by the exercise of reasonable diligence, have discovered the loss,
whichever is the earlier.
(5) A claim for compensation under this section may be made—
(a) in the Small Claims Tribunal, for claims up to the maximum jurisdiction of the Tribunal; or
(b) in the District Court, irrespective of the amount claimed.