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

13. Other powers of the Commissioner
(1) The Commissioner may require the manufacturer, importer or supplier of a toy or children’s product to have it tested in the form and manner specified by the Commissioner, if—
(a) for a toy, the Commissioner reasonably believes that—
(i) it does not comply with an applicable requirement contained in a toy standard, or with an additional safety standard; or 
(ii) it may not comply with the general safety requirement under section 8; 
(b) for a Schedule 2 product, the Commissioner reasonably believes that—
(i) it does not comply with an applicable requirement contained in a Schedule 2 product standard, or with an additional safety standard; or 
(ii) it may not comply with the general safety requirement under section 8; or 
(c) for any other children’s product, the Commissioner reasonably believes that—
(i) it does not comply with an additional safety standard; or 
(ii) it may not comply with the general safety requirement under section 8.
(2) The Commissioner may—
(a) require the manufacturer, importer or supplier of a toy to modify the toy, or its labelling or advertising—
(i) to comply with an applicable requirement contained in a toy standard, or with an additional safety standard; or 
(ii) to comply with the general safety requirement under section 8; 
(b) require the manufacturer, importer or supplier of a Schedule 2 product to modify the product, or its labelling or advertising—
(i) to comply with an applicable requirement contained in a Schedule 2 product standard, or with an additional safety standard; or 
(ii) to comply with the general safety requirement under section 8; or 
(c) require the manufacturer, importer or supplier of any other children’s product to modify the product, or its labelling or advertising—
(i) to comply with an additional safety standard; or 
(ii) to comply with the general safety requirement under section 8. 
(3) The Commissioner may require a person who advertises a toy or children’s product to include in the advertisement a warning notice specified by the Commissioner. 
(4) A person who fails or refuses to comply with a requirement imposed by the Commissioner under subsection (1), (2) or (3) commits an offence.
(Replaced 18 of 2013 s. 12)

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

14. Appeal to Appeal Board
(1) A person who is aggrieved by a decision or action of the Commissioner under Part 6 may appeal to the Appeal Board appointed under section 16.
(2) Within 14 days after the decision or action of the Commissioner, the appellant shall deliver to the Commissioner a notice of appeal stating the substance of the matter and reasons for the appeal.
(3) After receiving the notice of appeal the Commissioner shall forward it to the Secretary. (Amended L.N. 218 of 2000; L.N. 106 of 2002; L.N. 130 of 2007; 5 of 2010 s. 13)
(4) An appeal under this section against a decision or action of the Commissioner does not affect the Commissioner’s decision or action, unless the Commissioner decides otherwise. (Amended 18 of 2013 s. 13)
(Amended E.R. 1 of 2015)

15. Appeal Board panel
(1) The Secretary shall appoint members to an Appeal Board panel based on the following numbers and categories— (Amended L.N. 106 of 2002; L.N. 130 of 2007; 5 of 2010 s. 14)
(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 toys or children’s products;
(c) not more than 5 members who are from the toys or children’s products 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. (Amended L.N. 106 of 2002; L.N. 130 of 2007; 5 of 2010 s. 14)
(Amended L.N. 218 of 2000)

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

16. Appeal Board
(1) As soon as reasonably possible after receipt of a notice of appeal from the Commissioner under section 14, the Secretary shall appoint an Appeal Board to hear the appeal and the Board shall consist of the chairman or deputy chairman of the panel, who shall be chairman of the Board, and 1 member from each of the other categories of the Appeal Board panel. (Amended L.N. 218 of 2000; L.N. 106 of 2002)
(2) The chairman of the Appeal Board shall have a casting 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)
(Amended L.N. 130 of 2007; 5 of 2010 s. 15)

17. Proceedings before the 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 and 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) at a proceeding before the Appeal Board.
(3) The appellant and the Commissioner may adduce evidence.
(4) The Appeal Board shall establish its procedure for hearing the appeal.

18. 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,

and a person who fails or refuses to comply with an order of the Appeal Board made under this subsection commits an offence.
(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.

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