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

28H. 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.

28I. 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》

28J. Outcome of review
(1) On application under section 28I, 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 taken 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.

28K. 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》

28L. 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 to dispute liability for an offence under section 28J(2).
(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 taken 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 magistracy 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). (Amended 18 of 2016 s. 35)

28M. 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.

28N. Legislative Council may amend certain amounts
The Legislative Council may, by resolution, amend the amount specified in section 28A(2), 28G(2)(c), 28J(3)(b)(iii) or 28L(4)(c).

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

29. Secretary may make regulations in respect of Part 3
(1) The Secretary may, after consultation with the Advisory Council on the Environment, make regulations with respect to all or any of the following matters—
(a)-(d) (Repealed 4 of 2014 s. 16)(da) notices and certificates required to be prescribed for this Part; (Added 4 of 2014 s. 16)
(db) payment of fixed penalties, additional penalties and other amounts payable under this Part; (Added 4 of 2014 s. 16)
(e) such supplemental provisions as are necessary or expedient for giving full effect to the provisions of this Part;
(f) any matter ancillary or incidental to those specified in this section.
(2) A regulation made under this section is subject to the approval of the Legislative Council.

30. Savings and transitional provisions relating to Product Eco-responsibility (Amendment) Ordinance 2014
Schedule 5 provides for the savings and transitional arrangements relating to the Product Eco-responsibility (Amendment) Ordinance 2014 (4 of 2014).