### Toys and Children’s Products Safety Ordinance 《玩具及兒童產品安全條例》

27. Compensation for seizure and detention
(1) Where any goods are seized or detained by an authorized officer under section 20 the Government shall, subject to this section, be liable to compensate the owner of the goods for any loss suffered by the owner by reason of the seizure or detention or by reason that the goods, during the detention, are lost or damaged; but the owner shall not be entitled to compensation for the loss if— (Amended 18 of 2013 s. 15)
(a) the owner is convicted of an offence under this Ordinance committed in relation to the goods;
(b) an order has been made by a court or magistrate under section 24(4) for the destruction of the goods or the return of the goods for alteration; or
(c) the court is satisfied during proceedings commenced by an owner for compensation under this section that the goods— (Amended 18 of 2013 s. 15)
(i) did not comply with an applicable requirement contained in a toy standard or a Schedule 2 product standard, or with an additional safety standard; or (Replaced 18 of 2013 s. 15)
(ii) did not comply with the general safety requirement under section 8. (Amended 18 of 2013 s. 15)
(2) In any proceedings against the Government in respect of a claim for compensation under subsection (1), the amount of the compensation recoverable shall be such amount as is just and equitable in all the circumstances of the case, including the conduct and comparative blame-worthiness of—
(a) the owner of the goods;
(b) the person in charge or control of the goods at the time they were seized;
(c) the agents of the persons specified in paragraphs (a) and (b); and
(d) authorized officers, public officers and other persons concerned.
(3) No proceedings shall be maintainable in respect of a claim for compensation under subsection (1) unless the proceedings are commenced—
(a) in the case of a claim for compensation in respect of goods released to their owner by order of a court or magistrate or by any person having authority to release the goods to him, not later than 6 months after the release thereof;
(b) in the case of a claim for compensation on the ground that any goods were lost during the detention thereof, not later than 6 months after—
(i) the discovery by the owner of the loss; or
(ii) the date on which the owner could, by the exercise of reasonable diligence, have discovered the loss,
whichever is the earlier.

### Toys and Children’s Products Safety Ordinance 《玩具及兒童產品安全條例》

28. Recovery of expenses of enforcement
Where a court—
(a) convicts a person of an offence under section 3, 5 or 8; or
(b) makes an order under section 24 for the destruction of any goods or the return of the goods for alteration,
the court may, in addition to any other order it may make as to costs or expenses, order the person convicted or any person having an interest in the destroyed or altered goods to reimburse the Government Chemist for any costs associated with testing the goods and the Commissioner for any expenditure which has been or may be incurred by him—
(i) in connection with any seizure or detention of the goods;
(ii) in purchasing a toy or children’s product for testing by the Government Chemist; or
(iii) in connection with any compliance by the Commissioner with directions given by the court for the purposes of any order for the destruction or alteration of the goods.

29. Storage of allegedly unsafe products
(1) An authorized officer may order the person in possession or control of any goods in respect of which the authorized officer has reasonable cause to suspect that an offence under this Ordinance has been committed or is being committed to cause the goods, at the person’s expense, to be stored in a place specified by the authorized officer under such conditions as he may impose.
(2) No person shall remove the goods stored in a specified place in accordance with the order of an authorized officer under subsection (1) from that place unless an authorized officer has authorized in writing the removal of the goods.
(3) A person authorized in writing under subsection (2) to remove any goods from a specified place shall comply with such conditions as may be imposed by the authorized officer on the removal of the goods.
(4) A person who fails or refuses to obey an order under subsection (1) or who contravenes subsection (2) or (3) commits an offence.

30. Innocent publication of advertisement
In proceedings for an offence under this Ordinance committed by the publication of an advertisement, it shall be a defence for the person charged to prove that he is a person whose business is to publish or arrange for the publication of advertisements and that he received the advertisement for publication in the ordinary course of business and did not know and had no reason to suspect that its publication would amount to an offence under this Ordinance.

### Toys and Children’s Products Safety Ordinance 《玩具及兒童產品安全條例》

31. Penalties
(1) A person who commits an offence under section 3, 5, 8, 10, 11, 12 or 13 shall be liable—
(a) on first conviction, to a fine at level 6 and to imprisonment for 1 year; and
(b) on subsequent conviction, to a fine of $500,000 and to imprisonment for 2 years.
(2) Where an offence referred to in subsection (1) is a continuing offence, in addition to the fine specified in that subsection the person shall be liable to a fine of $1,000 for each day during which it is proved to the satisfaction of the court that the offence has continued.
(3) A person who commits an offence under section 18(1), 22, 23, 26 or 29 shall be liable to a fine at level 3 and to imprisonment for 1 year. (Amended 68 of 1995 s. 46)
(Amended 5 of 2010 s. 17)

32. Limitation on commencement of proceedings
Notwithstanding section 26 of the Magistrates Ordinance (Cap. 227), an information or complaint relating to an offence under this Ordinance may be tried if it is laid or made, as the case may be, at any time within 3 years after the commission of the offence or within 12 months after the first discovery thereof by the prosecutor, whichever period expires first.

33. Defence of goods in transit, in the course of transhipment or manufactured for export
In a prosecution for an offence under section 3, 5 or 8 or a regulation made under section 35, goods that are found in Hong Kong shall, in the absence of evidence to the contrary, be presumed to be goods that are not goods in transit, goods in the course of transhipment or goods manufactured for export.