### Mercury Control Ordinance 《汞管制條例》

62. Compensation for seizure etc.
(1) The Government is liable to compensate the owner of a seized item for any loss suffered by the owner—
(a) because of the seizure; or
(b) because of the loss of, or damage to, the item during the seizure or retention.
(2) However, for an item forfeited by an order under section 59(2)(b) or 60(2)(b), the owner of the item is entitled to compensation under subsection (1) only if the order was made because the owner was unknown, or could not be contacted, at the time the order was made.
(3) In any proceedings against the Government in respect of a claim for compensation under subsection (1), the amount of compensation recoverable is an amount that is just and equitable in all the circumstances of the case.
(4) The circumstances referred to in subsection (3) include the conduct and comparative blameworthiness of—
(a) the owner of the seized item;
(b) the person from whom the item was seized;
(c) the employees or agents, if any, of a person referred to in paragraph (a) or (b); and
(d) the Director and other persons concerned.
(5) Proceedings in respect of a claim for compensation may be commenced—
(a) for a claim on the ground specified in subsection (1)(a)—within 6 months after the date on which the item concerned is seized; or
(b) for a claim on the ground specified in subsection (1)(b)—within 6 months after the earlier of the following—
(i) the date on which the owner of the seized item discovered the loss or damage;
(ii) the date on which the owner could, with reasonable diligence, have discovered the loss or damage.
(6) A claim for compensation under subsection (1) is to be made—
(a) for a claim within the jurisdiction of the Small Claims Tribunal—in the Small Claims Tribunal or District Court; or
(b) otherwise—in the District Court.

63. Provision of false or misleading information etc.
(1) A person commits an offence if—
(a) the person provides any information to a public officer—
(i) for the purpose of an application under this Ordinance; or
(ii) in purported compliance with a regulatory requirement;
(b) the information is false or misleading in a material particular; and
(c) the person knows that, or is reckless as to whether, the information is false or misleading in that material particular.
(2) A person who commits an offence under subsection (1) is liable on conviction to a fine at level 3 and to imprisonment for 6 months.
(3) In this section—
information (資料) includes document, record, particulars and explanation.

### Mercury Control Ordinance 《汞管制條例》

64. Obstruction of public officer etc.
(1) A person must not wilfully obstruct a public officer who is performing a function under this Ordinance.
(2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 6 months.

66. Liability of officer of body corporate, partner and member of unincorporated body
(1) If a body corporate commits an offence under this Ordinance, and it is proved that the offence—
(a) was committed with the consent or connivance of a person specified in subsection (2); or
(b) is attributable to any neglect on the part of the person,
the person also commits the offence.
(2) The person referred to in subsection (1) is—
(a) a director, manager, secretary or other similar officer of the body corporate; or
(b) a person purporting to act in the capacity of a person referred to in paragraph (a).
(3) If a partner in a partnership commits an offence under this Ordinance, and it is proved that the offence—
(a) was committed with the consent or connivance of a person specified in subsection (4); or
(b) is attributable to any neglect on the part of the person,
the person also commits the offence.
(4) The person referred to in subsection (3) is—
(a) a partner, or an office holder, in the partnership;
(b) a person concerned in the management of the partnership; or
(c) a person purporting to act in the capacity of a person referred to in paragraph (a) or (b).
(5) If a member of an unincorporated body of persons (other than a partnership) commits an offence under this Ordinance, and it is proved that the offence—
(a) was committed with the consent or connivance of a person specified in subsection (6); or
(b) is attributable to any neglect on the part of the person,
the person also commits the offence.
(6) The person referred to in subsection (5) is—
(a) a member, or a manager, secretary or other similar officer, of the unincorporated body;
(b) a person concerned in the management of the unincorporated body; or
(c) a person purporting to act in the capacity of a person referred to in paragraph (a) or (b).

### Mercury Control Ordinance 《汞管制條例》

67. Employer’s liability for employee’s act
(1) An act done or omission made by an employee in the course of employment is to be regarded for the purposes of this Ordinance as done or made by the employer, as well as by the employee.
(2) In any proceedings for an offence under this Ordinance brought against an employer in respect of an act or omission alleged to have been done or made by an employee, it is a defence for the employer to establish that—
(a) the act was done or the omission was made without the employer’s knowledge and consent; and
(b) the employer had taken all reasonable steps to prevent the employee from—
(i) doing the act or making the omission; or
(ii) doing an act or making an omission of that description in the course of the employee’s employment.

68. Taking reasonable steps etc. is defence
(1) It is a defence for a person (defendant

69. Reasonable excuse
If a provision of this Ordinance that creates an offence refers to a reasonable excuse for a contravention of the provision, the reference is to be construed as providing a defence for a person prosecuted for the offence.

70. How to establish defence
(1) This section applies if a provision of this Ordinance provides a defence for a person prosecuted for an offence under this Ordinance.
(2) A person prosecuted for an offence under this Ordinance is to be regarded as having established a matter that needs to be established for the defence 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.

71. Secretary and Director may delegate function
(1) The Secretary may delegate the function conferred on the Secretary under section 76 to—
(a) a public officer; or
(b) a member of a class of public officers.
(2) The Director may delegate any function conferred on the Director under this Ordinance (other than this section or section 72) to—
(a) a public officer; or
(b) a member of a class of public officers.
(3) A delegation—
(a) is to be in writing; and
(b) may be made in relation to—
(i) specified provisions of this Ordinance; or
(ii) this Ordinance generally.

72. Director may authorize public officer etc.
(1) The Director may authorize a public officer, or a member of a class of public officers, to be an authorized officer for the purposes of this Ordinance.
(2) An authorization—
(a) is to be in writing; and
(b) may be given in relation to—
(i) specified provisions of this Ordinance; or
(ii) this Ordinance generally.
(3) The Director may perform any function of an authorized officer under this Ordinance.