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

16B. Service of notices under Parts 4 and 5
(1) A notice required, or authorized, to be served on a person under Part 4 or 5 is to be regarded as duly served on the person if—
(a) it is sent by post—
(i) if the person is a registered supplier—to the last address provided by the person to the Director; or
(ii) otherwise—to the person’s address last known to the Director;
(b) it is sent by facsimile transmission—
(i) if the person is a registered supplier—to the last facsimile number provided by the person to the Director; or
(ii) otherwise—to the person’s facsimile number last known to the Director;
(c) it is sent by electronic mail—
(i) if the person is a registered supplier—to the last electronic mail address provided by the person to the Director; or
(ii) otherwise—to the person’s electronic mail address last known to the Director; or
(d) where the person has registered an account with an electronic system designated under section 16C(1)—it is sent to the account by means of the system.
(2) For the purposes of subsection (1)(b), (c) or (d), a notice is to be regarded as having been sent by the means of transmission specified in that subsection if a record generated by the means establishes that the notice was so sent.
(3) In subsection (1)—
registered supplier (登記供應商) means a registered supplier as defined by section 31 or 47.

16C. Designation of electronic system
(1) The Director may, for the purposes of section 16B(1)(d), designate an electronic system.
(2) The Director must, as soon as practicable after designating an electronic system under subsection (1), publish the details of the designation in a way that the Director considers appropriate.

17. Interpretation of Part 3
(1) In this Part, unless the context otherwise requires—
demand notice (繳款通知書) means a notice served under section 28D(2); (Added 4 of 2014 s. 7)
fixed penalty (定額罰款) means the penalty referred to in section 28A(2); (Added 4 of 2014 s. 7)
penalty notice (罰款通知書) means a notice given under section 28A(2); (Added 4 of 2014 s. 7)
recovery order (追討令) means an order made under section 28G(2). (Added 4 of 2014 s. 7)
(Amended 4 of 2014 s. 7)(2)-(3) (Repealed 4 of 2014 s. 7)

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

18. Plastic shopping bags to which this Ordinance applies
(Replaced 4 of 2014 s. 9)(1) Subject to subsection (2), a bag prescribed in Schedule 1 is a plastic shopping bag to which this Ordinance applies.
(2) This Ordinance does not apply to the plastic shopping bags prescribed in Schedule 2.
(3) (Repealed 4 of 2014 s. 9)

18A. Duty of seller to charge for plastic shopping bags
(1) This section applies if there is a sale by retail of goods to a person (customer).
(2) The seller must charge the customer an amount not less than that prescribed in Schedule 3 for each plastic shopping bag, or each pre-packaged pack of 10 or more plastic shopping bags, provided by the seller directly or indirectly to the customer—
(a) at the time of the sale;
(b) for promoting the goods; or
(c) otherwise in connection with the sale.
(3) The seller must not offer any rebate or discount to the customer with the effect of directly offsetting the amount charged under subsection (2) or any part of that amount.
(4) In this section—
(a) a reference to a sale by retail of goods is a reference to a sale of goods to a person who obtains the goods for purposes other than wholesale; and
(b) a reference to a plastic shopping bag includes anything that can be easily turned into a plastic shopping bag.
(5) In this section—
sale (出售) includes a display or offer for sale, and sale by retail (以零售方式出售) and seller (賣方) are to be construed accordingly.
(6) For the purposes of this section, a plastic shopping bag is provided to a person—
(a) whether it is provided as the subject of the sale or is provided in addition to the subject of the sale; and
(b) whether or not it is provided together with another product as a single item of goods.
(Added 4 of 2014 s. 10)

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

18B. Offences relating to section 18A
(1) A person who contravenes section 18A(2) or (3) commits an offence.
(2) A person who commits an offence under subsection (1) is liable—
(a) to a fine at level 6 on the first occasion on which the person is convicted of the offence for contravening subsection (2) or (3) of section 18A; and
(b) to a fine of $200,000 on each subsequent occasion on which the person is convicted of the offence for contravening that subsection.
(3) If a person is charged with an offence under subsection (1), it is a defence to prove that the person exercised due diligence to avoid committing the offence.
(Added 4 of 2014 s. 10)

18C. Liability of franchisers and franchisees
(1) This section applies if the sale mentioned in section 18A(1) is carried on in the course of a business under a franchise agreement.
(2) Unless the Director otherwise agrees, the franchiser is the seller for the purposes of section 18A(2) and (3).
(3) If, because of an act or default of a franchisee, the franchiser commits an offence under section 18B(1), or would have committed the offence except for the reliance on the defence under section 18B(3)—
(a) the franchisee also commits the offence and is liable on conviction to the penalty provided for the offence, whether or not the franchiser is charged with or convicted of the offence; and
(b) the franchisee may also rely on the defence under section 18B(3).
(Added 4 of 2014 s. 10)

21. Secretary may amend Schedules
(1) The Secretary may, after consultation with the Advisory Council on the Environment, by order published in the Gazette, amend Schedule 1, 2 or 3.
(2) An order made under this section to amend Schedule 1 or 2 is subject to the approval of the Legislative Council.
(Amended 4 of 2014 s. 12)