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

20. Restrictions on entry and search
(1) An authorized officer shall not enter or search domestic premises 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 believing that there are in any domestic premises any consumer goods or thing which may be seized, removed or detained under section 19(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 believing—
(a) that there are in any domestic premises any consumer goods or thing which may be seized, removed or detained under section 19(1)(e); and
(b) that unless the premises are entered and searched immediately the consumer 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.

21. Power to obtain information
(1) Where the Commissioner reasonably believes that 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.

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

22. General offences
(1) A person who contravenes section 6 commits an offence.
(2) In proceedings against a person for an offence for contravening section 6(i) it shall be a defence for that person to show—
(a) that he reasonably believed that the consumer goods would not be used or consumed in Hong Kong;
(b) that—
(i) he supplied the consumer goods in the course of carrying on a retail business; and
(ii) at the time he supplied the consumer goods, he neither knew nor had reasonable grounds for believing that the consumer goods failed to comply with the general safety requirement; or
(c) that the terms on which he sold the consumer goods indicated that the consumer goods were not being supplied as new goods.
(3) A person who is served with a notice under section 7, 8 or 9 and fails or refuses to comply with it commits an offence.
(4) A person who fails or refuses to comply with a requirement imposed by the Commissioner under section 10 commits an offence.
(5) A person who fails or refuses to comply with an order of the Appeal Board made under section 17(1) commits an offence.
(6) A person who, under section 21—
(a) fails to comply with a notice served on him;
(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.
(7) A person who fails or refuses to obey an order under section 34(1) or who contravenes section 34(2) or (3) commits an offence.

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) fails to give such authorized officer any other 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.

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

24. Defence of due diligence
(1) In any proceedings against a person for an offence under section 22 or a regulation, 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 showing that the samples of consumer goods which are the subject of the prosecution had been tested before being sold and had complied with the safety standard or safety specification set out in the certificate.

25. Defence of goods in transit, in the course of transhipment or manufactured for export
In a prosecution for an offence under section 22 or a regulation, consumer goods that are found in Hong Kong shall, in the absence of evidence to the contrary, be presumed to be consumer goods that are not goods in transit, consumer goods in the course of transhipment or consumer goods manufactured for export.

26. Innocent publication of advertisement
In proceedings for an offence under this Ordinance committed by the publication of an advertisement, it shall be a defence for the person charged to prove that he is a person whose business is to publish or arrange for the publication of advertisements and that he received the advertisement for publication in the ordinary course of business and did not know and had no reason to believe that its publication would amount to an offence under this Ordinance.