### Consumer Goods Safety Ordinance 《消費品安全條例》

9. Recall notice
Where the Commissioner reasonably believes—
(a) that consumer goods—
(i) do not comply with an approved standard or a safety standard or safety specification established by regulation; or (Amended 15 of 1997 s. 3)
(ii) for which a safety standard has not been approved, are, or may be, unsafe; and
(b) that there is a significant risk that the consumer goods will cause a serious injury,
the Commissioner may serve on a person a notice requiring the immediate withdrawal of those consumer goods from being supplied and the retrieval, in the manner and to the extent reasonably possible, of those items already supplied.

10. Power of Commissioner to require testing, etc.
The Commissioner may by notice in writing require—
(a) the manufacturer, importer or supplier of consumer goods that the Commissioner has reasonable grounds for believing do not comply with—
(i) the general safety requirement; (Replaced 15 of 1997 s. 4)
(ii) an approved standard; or (Replaced 15 of 1997 s. 4)
(iii) a safety standard or safety specification established by regulation, (Added 15 of 1997 s. 4)
to have them tested in the form and manner the Commissioner specifies;
(b) the manufacturer, importer or supplier of consumer goods to modify them or their labelling, packaging or advertising so that they comply with—
(i) the general safety requirement; (Replaced 15 of 1997 s. 4)
(ii) an approved standard; or (Replaced 15 of 1997 s. 4)
(iii) a safety standard or safety specification established by regulation; and (Added 15 of 1997 s. 4)
(c) a person who advertises specified consumer goods—
(i) to include warning notices in the advertisements; or
(ii) to cease the advertising.

11. Laboratories
The Commissioner for Innovation and Technology may, in writing, approve a laboratory to conduct specified tests on consumer goods.
(Amended L.N. 218 of 2000)

12. Testing of consumer goods
(1) A person may, at his own expense, have consumer goods tested by an approved laboratory to determine whether or not they comply with the general safety requirement or an approved standard or a safety standard or safety specification established by regulation.
(2) The Commissioner may, where he has purchased or seized consumer goods, have them tested by the Government Chemist to determine whether or not they comply with the general safety requirement or an approved standard or a safety standard or safety specification established by regulation.
(Amended 15 of 1997 s. 5)

### Consumer Goods Safety Ordinance 《消費品安全條例》

13. Appeal to Appeal Board
(1) A person who is aggrieved by a decision or action of the Commissioner under Part III may, within 14 days after the decision or action, deliver to the Commissioner a notice of appeal stating the substance of the matter and reasons for the appeal.
(2) After receiving the notice of appeal the Commissioner shall forward it to the Secretary.
(3) An appeal under this section against a decision of the Commissioner does not suspend the decision unless the Commissioner decides otherwise.

14. Appeal Board panel
(1) The Secretary shall appoint members to an Appeal Board panel based on the following numbers and categories—
(a) a chairman and a deputy chairman each of whom shall be a barrister qualified to practise as such or a solicitor qualified to act as such under the Legal Practitioners Ordinance (Cap. 159);
(b) not more than 5 members who are scientists or technologists with relevant expertise in consumer goods;
(c) not more than 5 members who are from the consumer goods industry;
(d) not more than 5 members of the general public who do not come within the categories referred to in paragraphs (b) and (c).
(2) A public officer is not eligible for appointment to the Appeal Board panel.
(3) A member shall be appointed for a term determined by the Secretary, and he may set different terms for each member, and a member may be reappointed at the end of a term.

15. Appeal Board
(1) As soon as reasonably possible after receipt of a notice of appeal from the Commissioner under section 13, the Secretary shall appoint an Appeal Board to hear the appeal and the Board shall consist of the chairman or deputy chairman of the Appeal Board panel, who shall be chairman of the Board, and 1 member from each of the other categories of the panel.
(2) The chairman of the Appeal Board, in addition to his vote as a member of the Appeal Board, shall have a casting vote in the event of a tied vote.
(3) Each member shall be remunerated out of money provided by the Legislative Council for the purpose at a rate that the Secretary may determine. (Amended L.N. 125 of 2004; L.N. 130 of 2007)

### Consumer Goods Safety Ordinance 《消費品安全條例》

16. Proceedings before Appeal Board
(1) The chairman of the Appeal Board shall notify the appellant of the time and place of its hearing of the appeal.
(2) The appellant may be represented by an agent or a barrister qualified to practise as such or a solicitor qualified to act as such under the Legal Practitioners Ordinance (Cap. 159) at a proceeding before the Appeal Board.
(3) The Commissioner may be represented by an agent or a barrister qualified to practise as such or a solicitor qualified to act as such under the Legal Practitioners Ordinance (Cap. 159) or by a legal officer within the meaning of the Legal Officers Ordinance (Cap. 87) at a proceeding before the Appeal Board.
(4) The appellant and the Commissioner may adduce evidence and may cross-examine the other’s witnesses.
(5) The Appeal Board shall establish its procedure for hearing the appeal.

17. Appeal Board powers
(1) The Appeal Board may, by notice under the signature of the chairman—
(a) order a person to attend before the Board and give evidence;
(b) order a person to produce documents.
(2) The Appeal Board may—
(a) confirm or revoke the decision or action of the Commissioner;
(b) make any decision that the Commissioner could have made; or
(c) order the Commissioner to take any action within his powers.
(3) The Appeal Board may make any order it thinks fit with regard to the payment of costs of proceedings under this section and the costs of the Commissioner or of any person in respect of whom the proceedings are brought.
(4) The Appeal Board shall notify the appellant and the Commissioner of its decision and the reasons for it.
(5) Costs awarded or imposed under this section are recoverable as a civil debt.

18. Appointment of authorized officers
The Commissioner may appoint a public officer to be an authorized officer for the purposes of this Ordinance.