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

5. General provisions as to regulations made under this Ordinance
(1) In this section, regulation (規例) means any regulation made under section 29, 44, 55 or 100. (Amended 3 of 2016 s. 6; 13 of 2016 s. 5; 27 of 2023 s. 35)
(2) A regulation may do all or any of the following—
(a) apply generally or be limited in its application by reference to specified exceptions or factors;
(b) make different provisions for different circumstances and provide for a particular case or class of cases;
(c) empower the Secretary or Director to grant exemptions from any requirement, either generally or in a particular case;
(d) provide for the performance by the Director or an authorized officer of any function under the regulation;
(e) authorize any matter or thing to be determined, applied or administered by a specified person or group of persons;
(f) prescribe any matter that by this Ordinance is required or permitted to be prescribed by a regulation;
(fa) specify an appealable matter mentioned in section 13; (Added 3 of 2016 s. 6)
(g) provide for such incidental, consequential, evidential, transitional, savings and supplemental provisions as are necessary or expedient for giving full effect to the provisions of this Ordinance;
(h) generally provide for the better carrying out of the provisions and purposes of this Ordinance.
(3) A regulation may make it an offence for a person to do or omit to do any specified act and may authorize—
(a) the imposition of a fine, not exceeding $500,000, for such an offence;
(b) if the offence is a continuing one, the imposition of a further fine of $10,000 for each day or part of a day during which the offence has continued; and
(c) the imposition of a sentence of imprisonment for a period of not more than 12 months.

6. Authorized officers
(1) The Director may, in writing, authorize a public officer not below the rank of Environmental Protection Inspector to perform such functions of the Director or an authorized officer under this Ordinance as are specified in the authorization.
(2) When performing a function under this Ordinance, an authorized officer must, if required, produce his written authorization granted under this section.
(3) An authorized officer performing a function under this Ordinance may take with him such persons as he reasonably requires to assist him in the performance of the function.

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

7. Powers to obtain information, enter places for routine inspection, etc.
(1) An authorized officer may, in relation to any record or document required to be kept by a person under this Ordinance, do all or any of the following—
(a) require the person to produce the record or document for inspection;
(b) require the person to provide all reasonable assistance, information or explanations in connection with the record or document;
(c) remove and retain the record or document for such period as may be reasonably necessary for further examination or reproduction, or until the relevant proceedings under this Ordinance have been heard and finally determined.
(2) An authorized officer may require a person to provide any information that is in the possession or under the control of the person and is reasonably necessary to enable the officer to ascertain whether this Ordinance has been or is being complied with. (Amended 4 of 2014 s. 5; 3 of 2016 s. 7)
(3) For the purpose of ascertaining whether this Ordinance has been or is being complied with, an authorized officer may, at any reasonable time, enter a place to which the public are permitted to have access, and may do all or any of the following—
(a) observe and inspect any activity, operation, process or procedure involving prescribed products;
(b) require a person in charge of the place to produce any record or document relating to prescribed products or to any levy, charge or fee imposed under this Ordinance; (Amended 4 of 2014 s. 5)
(c) make copies of any record or document produced under paragraph (b);
(d) subject to subsection (4), take such samples of any products as the officer may reasonably require for the purpose of examination and investigation.
(4) If required by the person having the lawful custody of such products, the authorized officer shall pay for—
(a) the market price of the samples he proposes to take; or
(b) if the market price is unknown or not readily ascertainable, a reasonable price of those samples.
(5) For the avoidance of doubt, a person is not liable for breach of any duty of confidentiality arising from the disclosure of any information that he is required to provide under this Ordinance.

(6)  An authorized officer must not disclose any record, document or information produced or provided to him under this section unless he is satisfied that it is necessary to make the disclosure for the purposes of any proceedings under this Ordinance.
(7) In this section, a reference to a person includes a reference to anyone acting for or on behalf of the person.

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

8. Power of entry and search
(1) Where a warrant has been issued under subsection (2) in respect of a place, an authorized officer may enter and search the place in accordance with this section.
(2) A magistrate may issue a warrant authorizing an authorized officer to enter and search a place only if—
(a) the magistrate is satisfied by information on oath that there are reasonable grounds for suspecting that—
(i) an offence against this Ordinance has been or is being committed in the place; or
(ii) there is in the place anything that constitutes, or is likely to constitute, evidence that an offence against this Ordinance has been or is being committed; and
(b) the magistrate is satisfied that—
(i) it is not practicable to communicate with a person entitled to grant entry to the place;
(ii) such a person has unreasonably refused entry to the place by an authorized officer;
(iii) an authorized officer apprehends on reasonable grounds that entry to the place is unlikely to be granted unless a warrant is issued; or
(iv) the purpose of entry to the place would be prejudiced unless an authorized officer arriving at the place can secure immediate entry.
(3) An authorized officer who enters and searches a place under a warrant must, if required, produce the warrant for inspection.
(4) A warrant issued under this section continues in force until the purpose for which the entry is necessary has been satisfied.
(5) An authorized officer who enters a place under this section may do all or any of the following—
(a) require any person present at the place to provide such assistance or information as may be necessary to enable the officer to perform his functions under this Ordinance;
(b) search and seize anything that the officer reasonably believes to be evidence of the commission of an offence under this Ordinance;
(c) retain the thing for such period as may be reasonably necessary for further examination or reproduction, or until the relevant proceedings under this Ordinance have been heard and finally determined.
(6) An authorized officer must perform his functions under this section at a reasonable hour unless he believes that the purpose of their performance could be frustrated if he performs them at a reasonable hour.
(7) In this section, place (地方) includes any vehicle and vessel.