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

82. Offence relating to section 81
(1) A person who contravenes section 81(2), (3) or (4) commits an offence.
(2) A person who commits an offence under subsection (1) is liable on conviction to a fine at level 6.
(3) If a person is charged with an offence under subsection (1), it is a defence to establish that the person exercised due diligence to avoid committing the offence.

83. Director may give penalty notice
(1) This section applies if the Director has reason to believe that a person is committing or has committed an offence under section 73(1), 77(1), 80(1) or 82(1).
(2) The Director may give the person a notice in the specified form offering the person an opportunity to discharge the person’s liability for the offence by paying a fixed penalty of $2,000 within 21 days after the date on which the notice is given.
(3) A penalty notice may be given to the person personally or by affixing it to the person’s place of business.

84. No prosecution or conviction if compliance with penalty notice
(1) This section applies to a person who has been given a penalty notice in respect of an offence.
(2) Subject to section 88, the person is not liable to be prosecuted or convicted for the offence if the person has paid the fixed penalty within 21 days after the date on which the notice is given.

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

85. Director may demand personal details and inspect proof of identity
(1) This section applies if the Director has reason to believe that a person is committing or has committed an offence under section 73(1), 77(1), 80(1) or 82(1).
(2) The Director may, for issuing or serving a summons or other document in relation to the offence, require the person—
(a) for an individual—
(i) to supply the person’s name, date of birth, address and contact telephone number (if any); and
(ii) to produce for inspection the person’s proof of identity; or
(b) for a body corporate—
(i) to supply the person’s corporate name, registered or principal office address and contact telephone number (if any); and
(ii) to produce for inspection the person’s business registration certificate issued under section 6 of the Business Registration Ordinance (Cap. 310).
(3) A person who fails to comply with a requirement made under subsection (2) commits an offence and is liable on conviction to a fine at level 2.
(4) If a person is charged with an offence under subsection (3), it is a defence to establish that the person had a reasonable excuse for failing to comply with a requirement made under subsection (2).
(5) In this section—
proof of identity (身分證明文件) has the meaning given by section 17B(1) of the Immigration Ordinance (Cap. 115).

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

86. Director may serve demand notice in case of failure to pay fixed penalty etc.
(1) This section applies if—
(a) a person—
(i) has been given a penalty notice in respect of an offence; and
(ii) fails to pay the fixed penalty within 21 days after the date on which the notice is given; or
(b) a person refuses to accept a penalty notice intended to be given to the person in respect of an offence.
(2) The Director may serve on the person a notice in the specified form—
(a) demanding payment of the fixed penalty;
(b) informing the person that the person must notify the Director in writing if the person wishes to dispute liability for the offence; and
(c) stating that the payment or notification must be made within 10 days after the date on which the notice is served.
(3) A demand notice may not be served later than—
(a) if subsection (1)(a) applies—6 months after the date on which the penalty notice is given; or
(b) if subsection (1)(b) applies—6 months after the date on which the person refuses to accept the penalty notice.
(4) A demand notice may be served by sending it by post to—
(a) for an individual—the person’s address; or
(b) for a body corporate—the person’s registered or principal office address.
(5) A certificate of posting in the specified form purporting to be signed by or for the Director is admissible in evidence in any proceedings under this Part.
(6) Unless there is evidence to the contrary, it is presumed—
(a) that the certificate of posting was signed by or for the Director; and
(b) that the demand notice to which the certificate of posting relates was duly served.

87. No prosecution or conviction if compliance with demand notice
(1) This section applies to a person on whom a demand notice has been served in respect of an offence.
(2) Subject to section 88, the person is not liable to be prosecuted or convicted for the offence if the person has paid the fixed penalty within 10 days after the date on which the notice is served.

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

88. Withdrawal of penalty notice or demand notice
(1) The Director may withdraw a penalty notice given, or a demand notice served, in respect of an offence—
(a) at any time before a recovery order is made; or
(b) at any time before any proceedings for the offence commence.
(2) If a penalty notice or demand notice is withdrawn—
(a) the Director must serve notice of the withdrawal on the person to whom, or on whom, the penalty notice or demand notice has been given or served; and
(b) on application by the person, the Director must refund, through the Director of Accounting Services, any amount paid for the fixed penalty.
(3) If a penalty notice or demand notice is withdrawn, proceedings for the offence may only be commenced where—
(a) the ground, or one of the grounds, on which the notice is withdrawn is that it contains incorrect information; and
(b) the incorrect information was supplied by the person to whom, or on whom, the notice was given or served.

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

89. Recovery of fixed penalty
(1) This section applies if a person on whom a demand notice has been served—
(a) fails to pay the fixed penalty in accordance with the notice; and
(b) fails to notify the Director in accordance with the notice that the person wishes to dispute liability for the offence.
(2) On application made in the name of the Secretary for Justice and production of the documents specified in subsection (5), a magistrate must order the person to pay, within 14 days after the date of service of notice of the order—
(a) the fixed penalty;
(b) an additional penalty equal to the amount of the fixed penalty; and
(c) $300 by way of costs.
(3) An application may be made in the absence of the person and the Secretary for Justice may appoint a person or class of persons to make an application.
(4) A magistrate must cause notice of a recovery order to be served on the person against whom it is made and it may be served by sending it by post to—
(a) for an individual—the person’s address; or
(b) for a body corporate—the person’s registered or principal office address.
(5) The documents specified for subsection (2) are—
(a) a copy of the demand notice;
(b) a certificate of posting the demand notice under section 86(5); and
(c) an evidentiary certificate, in the specified form, stating the following matters—
(i) that the person specified in the certificate had not, before the date of the certificate, paid the fixed penalty;
(ii) that the person specified in the certificate had not, before the date of the certificate, notified the Director that the person wished to dispute liability for the offence;
(iii) that the address specified in the certificate was, on the date specified in the certificate in relation to the address—
(A) for an individual—the person’s address; or
(B) for a body corporate—the person’s registered or principal office address.
(6) An evidentiary certificate referred to in subsection (5)(c) and purporting to be signed by or for the Director is admissible in evidence in any proceedings under this Part.
(7) Unless there is evidence to the contrary—
(a) it is presumed that the evidentiary certificate was signed by or for the Director; and
(b) the evidentiary certificate is evidence of the facts stated in it.