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

90. Consequences of compliance with recovery order or failure to do so
(1) This section applies to a person against whom a recovery order is made.
(2) If the person has complied with the recovery order, the person is not liable to be prosecuted or convicted for the offence to which the order relates.
(3) If the person fails to comply with the recovery order, the person—
(a) is to be regarded, for the purposes of section 68 of the Magistrates Ordinance (Cap. 227), as having failed to pay the sum adjudged to be paid by a conviction; and
(b) is liable to be imprisoned under that section.

91. Application for review of recovery order
(1) A person against whom a recovery order is made may apply to a magistrate for review of the order.
(2) An application must be made within 14 days after the date on which the recovery order first came to the personal notice of the applicant.
(3) The applicant must give reasonable notice of the application to the Director.
(4) An application may be made in person or by counsel or solicitor.
(5) For securing the attendance of witnesses and generally for conducting the proceedings, the magistrate has all the powers of a magistrate hearing a complaint under the Magistrates Ordinance (Cap. 227).

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

92. Outcome of review
(1) On application under section 91, a magistrate may rescind a recovery order if the magistrate is satisfied that the demand notice did not come to the personal notice of the applicant without any fault of the applicant.
(2) If the magistrate rescinds a recovery order, and the applicant wishes to dispute liability for the offence to which the order relates, the magistrate must give leave to that effect.
(3) If the magistrate rescinds a recovery order, and the applicant does not wish to dispute liability for the offence to which the order relates, the magistrate—
(a) must order the applicant to pay the fixed penalty within 10 days after the date of an order made under this paragraph; and
(b) must order that, if the applicant fails to pay the fixed penalty within that period, the applicant must immediately pay—
(i) the fixed penalty;
(ii) an additional penalty equal to the amount of the fixed penalty; and
(iii) $300 by way of costs.
(4) Despite section 26 of the Magistrates Ordinance (Cap. 227), if a magistrate gives leave under subsection (2), proceedings may be commenced within 6 months after the date on which the magistrate gives the leave.
(5) If the applicant fails to comply with the order under subsection (3)(b), the applicant—
(a) is to be regarded, for the purposes of section 68 of the Magistrates Ordinance (Cap. 227), as having failed to pay the sum adjudged to be paid by a conviction; and
(b) is liable to be imprisoned under that section.
(6) If the applicant has complied with the order under subsection (3)(a) or (b), the applicant is not liable to be prosecuted or convicted for the offence to which the order relates.

93. Power to rescind order on application by Director
At any time, a magistrate may for good cause, on application by the Director, rescind—
(a) an order for the payment of the fixed penalty; and
(b) any other order made under this Division in the same proceedings.

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

94. Dispute of liability for offence
(1) This section applies if a person—
(a) has notified the Director in accordance with a demand notice that the person wishes to dispute liability for an offence; or
(b) has been given leave under section 92(2) to dispute liability for an offence.
(2) A summons issued in any proceedings against the person for the offence may be served on the person in accordance with section 8 of the Magistrates Ordinance (Cap. 227).
(3) If—
(a) in consequence of the notification or leave, the person appears in any proceedings in answer to a summons; and
(b) the person is convicted of the offence after having offered no defence or a defence that is frivolous or vexatious,
the magistrate before whom the proceedings are heard must, in addition to any other penalty and costs, impose an additional penalty equal to the amount of the fixed penalty.
(4) Any proceedings commenced against a person falling within subsection (1)(a) must terminate if the person pays in accordance with subsection (5)—
(a) the fixed penalty;
(b) an additional penalty equal to the amount of the fixed penalty; and
(c) $500 by way of costs.
(5) Payment under subsection (4) must be made at any magistrates’ court not less than 2 days before the day specified in the summons for the person’s appearance, and the summons must be produced at the time of the payment.
(6) Neither a Saturday nor a public holiday may be included in the computation of the 2 days’ period mentioned in subsection (5).

95. Protection of Director and authorized officers
(1) The Director or an authorized officer is not personally liable for anything done or omitted to be done by the Director or officer in good faith in the performance or purported performance of a function under this Division.
(2) The protection conferred by subsection (1) does not affect any liability of the Government for the act or omission.

96. Director may specify form for this Division
The Director may specify the form of any notice or certificate for the purposes of this Division.

97. Legislative Council may amend certain amounts
The Legislative Council may, by resolution, amend the amount specified in section 83(2), 89(2)(c), 92(3)(b)(iii) or 94(4)(c).

98. Burden of proof
A person charged with an offence against this Part is taken to have established a matter that needs to be established for a defence under this Part if—
(a) there is sufficient evidence to raise an issue with respect to the matter; and
(b) the contrary is not proved by the prosecution beyond reasonable doubt.

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

99. Exemption regulations made by Chief Executive in Council
(1) The Chief Executive in Council may make regulations to provide for the exemption of the manufacture or supply of a product, or the display of a product or information, from the application of this Part.
(2) The Chief Executive in Council may make regulations under subsection (1) if the Chief Executive in Council considers that—
(a) it is necessary to do so for protecting public health; or
(b) it is otherwise in the public interest to do so.
(3) Without limiting subsection (1), a regulation made under that subsection—
(a) may make different provisions for different circumstances; and
(b) may be made so as to apply only in specified circumstances.

100. Secretary may make regulations for Part 6
The Secretary may, after consulting the Advisory Council on the Environment, make regulations in respect of any or all of the following matters—
(a) payment of fixed penalties, additional penalties and other amounts payable under this Part;
(b) such supplemental provisions as are necessary or expedient for giving full effect to the provisions of this Part;
(c) any matter ancillary or incidental to those mentioned in this section.

101. Secretary may amend Schedules 10 and 11
The Secretary may, after consulting the Advisory Council on the Environment, by notice published in the Gazette, amend Schedule 10 or 11.

### Race Discrimination Ordinance 《種族歧視條例》

1. Short title
(Amended E.R. 5 of 2018)(1) This Ordinance may be cited as the Race Discrimination Ordinance.
(2) (Omitted as spent—E.R. 1 of 2013)