### Energy Efficiency (Labelling of Products) Ordinance 《能源效益(產品標籤)條例》

15. Power of Director to serve improvement notice
(1) The Director may serve an improvement notice on a person if he is of the opinion that the person—
(a) is contravening a requirement under this Ordinance; or
(b) has contravened such a requirement in circumstances that make it likely that the contravention will continue or be repeated.
(2) In an improvement notice, the Director is to—
(a) state the Director’s opinion under subsection (1);
(b) specify the requirement that is being or has been contravened; and
(c) direct the person to remedy, within a period specified in the notice (remedy period

16. Power of Director to serve prohibition notice
(1) The Director may serve a prohibition notice on a person who supplies a prescribed product prohibiting that person from supplying the prescribed product, if he reasonably believes that—
(a) the product is not a product of a listed model;
(b) its energy label is not attached or affixed in accordance with this Ordinance; or
(c) it bears an energy label containing false or misleading information about the energy efficiency or performance characteristics of the product.
(2) A prohibition notice is to specify the date on which the prohibition takes effect.
(3) If the Director is satisfied that the matter constituting the basis on which a prohibition notice is served on a person has been rectified, the Director may serve on that person a cancellation notice that cancels the prohibition notice.
(4) A cancellation notice is to specify the date on which the cancellation takes effect.
(5) A person who fails to comply with a prohibition notice commits an offence and is liable—
(a) on conviction to a fine at level 6; and
(b) in the case of a continuing offence, to a further fine of $5,000 for every day during which the offence continues.

### Energy Efficiency (Labelling of Products) Ordinance 《能源效益(產品標籤)條例》

17. Removal of reference number of listed model from record
(1) If a reference number has been assigned to a product model in the name of a specified person and included in the record, the Director may, by notice served on the specified person, remove from the record the reference number, if he has reasonable grounds to believe that—
(a) the prescribed product of the listed model does not conform with the specified information or a specified document submitted to the Director or, if the specified information or a specified document has been amended pursuant to section 9 or 10, the specified information or specified document as read subject to section 9 or 10;
(b) the information set out on an energy label on the prescribed product of the listed model does not conform with the specified information submitted to the Director or, if the specified information has been amended pursuant to section 9 or 10, the specified information as read subject to section 9 or 10;
(c) after submission of the specified information (whether or not such information has been amended pursuant to section 9 or 10), the listed model has been modified to such an extent that its energy efficiency and performance characteristics differ from those submitted;
(d) the specified person has provided false or misleading information in the submission of the specified information or, if the specified information has been amended pursuant to section 9 or 10, the specified information as read subject to section 9 or 10;
(e) the specified person engages in any conduct that deceives or misleads or is likely to deceive or mislead another person as to—
(i) the physical characteristics of any prescribed product of a listed model that affect its energy efficiency; or
(ii) the energy efficiency or performance characteristics of any prescribed product of a listed model; or
(f) the specified person has not complied with the requirement under section 7 to submit any progress test report or full test report in respect of a compact fluorescent lamp.
(2) If the Director—
(a) has reasonable grounds to believe that one test report or, in the case of a compact fluorescent lamp, one interim test report, applicable to a family of models has been submitted in the name of a specified person; and
(b) has under subsection (1)(a) or (1)(f) removed from the record the reference number assigned to a member of that family,
the Director may, by notice served on a specified person, remove from the record the reference numbers assigned in the name of that person to the other members of that family.
(3) A notice served under subsection (1) or (2) is to specify the date on which the removal takes effect.

### Energy Efficiency (Labelling of Products) Ordinance 《能源效益(產品標籤)條例》

18. Procedure before removing reference number from record
(1) If the Director is of the opinion that there are reasonable grounds to remove from the record a reference number assigned to a listed model in the name of a specified person under section 17, the Director must, before the removal, serve a notice in writing on the specified person.
(2) The notice is to—
(a) state the Director’s opinion under subsection (1);
(b) state the grounds for the proposed removal;
(c) outline the facts and circumstances that form the basis for the grounds; and
(d) invite the specified person to make written representation, within 14 days after the Director has served the notice, why the reference number should not be removed from the record.
(3) If, after considering all written representations made by the specified person within the specified period, the Director still considers that there are reasonable grounds to remove from the record the reference number assigned to the listed model, the Director may remove the number from the record under section 17.

19. Specified person to give notice to other suppliers after reference number has been removed from record
(1) Within 14 days after the Director has served on a specified person a notice of the removal of a reference number under section 17, the specified person must give a notice in writing of the removal to each person to whom the specified person has supplied a prescribed product of the listed model.
(2) Subsection (1) does not require the specified person to give a notice to a person to whom the prescribed product—
(a) had been sold by retail; or
(b) had been supplied at least 1 year before the removal of the reference number from the record.
(3) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 6.

### Energy Efficiency (Labelling of Products) Ordinance 《能源效益(產品標籤)條例》

20. Power to obtain information
(1) If the Director has reasonable grounds to suspect that a provision of this Ordinance has been contravened in relation to a prescribed product, the Director may serve a notice on a person whom he has reasonable grounds to believe to have information or document relating to the contravention, requiring the person—
(a) to furnish to the Director, within a period specified in the notice, information relating to—
(i) the origin of the prescribed product;
(ii) the person to whom the product has been supplied; and
(iii) the energy efficiency and performance characteristics of the product; or
(b) to produce to the Director, at a time and place specified in the notice, documents in the person’s possession or control relating to—
(i) the origin of the prescribed product;
(ii) the person to whom the product has been supplied; and
(iii) the energy efficiency and performance characteristics of the product.
(2) A person who, without reasonable excuse, fails to comply with any requirement under subsection (1) commits an offence and is liable on conviction to a fine at level 5.

21. False information, etc.
(1) A person who, in purported compliance with a requirement under section 6, 7, 9, 10 or 20, furnishes any information or produces any document which the person knows or ought reasonably to have known was false or misleading in a material respect commits an offence.
(2) A person who commits an offence under subsection (1) is liable on conviction to a fine at level 6 and to imprisonment for 6 months.

22. Appointment of authorized officers
The Director may in writing appoint any public officer not below the rank of assistant electrical inspector to be an authorized officer for the purpose of this Ordinance.

23. Production of proof of identity
Before or on exercising a power conferred by this Part, an authorized officer shall, if so requested, produce written evidence of his identity.