Hong Kong ordinance
Product Eco-responsibility (Regulated Electrical Equipment) Regulation
Date of Commencement: 4 May 2018
L.N. 143 of 2017
(Made by the Secretary for the Environment under section 44 of the Product Eco-responsibility Ordinance (Cap. 603) after consulting the Advisory Council on the Environment and subject to the approval of the Legislative Council)
Part 1
Preliminary
1. Commencement
This Regulation comes into operation on a day to be appointed by the Secretary for the Environment by notice published in the Gazette.
2. Interpretation
(1) In this Regulationโ
cancel (ๆค้ท) means cancel under section 34 of the Ordinance;
cancellation date (ๆค้ทๆฅๆ), in relation to a registration, means the date on which the registration is cancelled;
discrepancy list (ๅทฎ็ฐๆธ ๅฎ) means a document prepared under section 20(2);
ending date (็ตๆๆฅๆ), in relation to a short-term registration, means the date specified for the registration under section 6(1)(e);
endorsement application (ๆน่จป็ณ่ซ) means an application under section 30(1);
first cut-off date (้ฆๅๆชๆธๆฅๆ), in relation to an ordinary registration, means the date specified for the registration under section 6(1)(d);
ordinary registration (ไธ่ฌ็ป่จ) means the ordinary registration mentioned in section 4(1)(a);
payable (้ ็นณไป) means payable under section 37(1) of the Ordinance;
recycling levy (ๅพช็ฐๅ้ ๅพต่ฒป) means the levy prescribed under section 22(1);
registration (็ป่จ) means a registration under section 33 of the Ordinance;
registration date (็ป่จๆฅๆ), in relation to a registration, means the date specified for the registration under section 6(1)(b);
removal service (้ค่ๆๅ) means a removal service under section 42(2) of the Ordinance;
reporting period (็ณๅ ฑๆ) has the meaning given by section 12;
short-term registration (็ญๆ็ป่จ) means the short-term registration mentioned in section 4(1)(b);
specified form (ๆๆ่กจๆ ผ) means a form specified under section 42.
(2) In this Regulation, a reference to a class of recycling labels is a reference to a class of recycling labels as specified by the Director for the purposes of section 36 of the Ordinance.
(3) In this Regulation, an expression specified below has the same meaning as it has in section 31 of the Ordinanceโ
consumer (ๆถ่ฒป่ );
distribute (ๅ็ผ);
recycling label (ๅพช็ฐๅ้ ๆจ็ฑค);
registered supplier (็ป่จไพๆๅ);
removal service plan (้ค่ๆๅๆนๆก);
return (็ณๅ ฑ);
seller (้ทๅฎๅ);
supplier (ไพๆๅ);
use (ไฝฟ็จ).
Part 2
Matters Related to Registered Suppliers
Division 1โRegistration
3. Application of Division 1
This Division applies to an application for registration under section 33 of the Ordinance.
4. Application for registration
(1) A supplier, or a person who proposes to be a supplier, may apply to the Director in the specified form for eitherโ(a) an ordinary registration; or(b) a short-term registration.
(2) The applicant may, by giving the Director notice in writing, withdraw the application at any time before it is determined.
(3) If, before the application is withdrawn or determined, a change in the information provided to the Director for the application occurs, the applicant must, as soon as reasonably practicable after the change occurs, give the Director notice of the change in writing.
(4) The Director may, by giving the applicant notice in writing, require the applicant to provide further information and documents for the application.
5. Requirements for application
(1) For both an ordinary registration and a short-term registration, the requirements for an application for the purposes of section 33(b) of the Ordinance are thatโ(a) the application must be made in the specified form;(b) the applicant must comply with section 4(3), and any notice given under section 4(4);(c) the applicant must be a supplier, or will become a supplier, according to the information provided for the application;(d) the information so provided must be correct and must not be misleading; and(e) if the applicant has already had an ordinary registration approvedโthe registration must have been cancelled.
(2) In addition to the requirements in subsection (1), for a short-term registration (intended short-term registration), the requirements for an application for the purposes of section 33(b) of the Ordinance are that the following criteria must be metโ(a) should the application be approved, the applicantโs business of distributing regulated electrical equipment under the intended short-term registrationโ(i) would be likely to operate for not more than 30 days; and(ii) would be likely to give rise to the liability to pay a recycling levy not exceeding $20,000 under section 37(1) of the Ordinance; and(b) if the applicant has already had one or more than one recent short-term registration approvedโshould the application for the intended short-term registration be approved, the applicantโs business of distributing regulated electrical equipment under all of the latest short-term registrations would be likely to give rise to an aggregate liability to pay recycling levies not exceeding $20,000 under section 37(1) of the Ordinance.
(3) For the purposes of this section, a short-term registration is a recent short-term registration if its ending date or cancellation date falls within 12 months before the date of the application for the intended short-term registration.
(4) In subsection (2)(b)โ
latest short-term registration (ๆ่ฟ็ญๆ็ป่จ) meansโ(a) a recent short-term registration; or(b) the intended short-term registration.
6. Application approved
(1) If an application is approved, the Director must issue a certificate of registration to the applicant and specify in the certificateโ(a) a registration number assigned by the Director for the registration;(b) the date on which the registration becomes effective;(c) an annual audit date for the preparation of audit reports under section 39 of the Ordinance;(d) for an ordinary registrationโthe first cut-off date for the preparation of returns; and(e) for a short-term registrationโthe date on which the registration ceases to have effect.
(2) The first cut-off date for an ordinary registration must fall on 31 March, 30 June, 30 September or 31 December.
(3) The ending date for a short-term registration must fall within 30 days after the registration date.
7. Application refused
(1) If an application is refused, the Director mustโ(a) give the applicant notice in writing of the decision; and(b) include in the notice a statement setting out the reasons for the decision.
(2) If the Director intends to refuse the application, the Director mustโ(a) give the applicant notice in writing of the intention and the reasons for the intention; and(b) give the applicant an opportunity to make representations.
Division 2โChange of Address after Registration
8. Notice of change of address
(1) If the address of a registered supplier provided to the Director for an application made under section 4(1) has changed, the supplier must give the Director notice of the change in the specified form within 30 days after the date on which the change occurs.
(2) A registered supplier who, without reasonable excuse, contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 2.
Division 3โObligations and Related Matters
Subdivision 1โRecycling Labels
9. Provision of recycling labels
(1) This section applies if a registered supplier who distributes any regulated electrical equipment to a person provides a recycling label to the person for the equipment under section 35(1) of the Ordinance.
(2) The label must be provided not later than the taking of actual possession of the regulated electrical equipment by the person.
(3) To avoid doubt, the label is not required to be provided by affixing it onto the regulated electrical equipment.
Subdivision 2โReturns
10. Form of returns
A return must be submitted to the Director in the specified form.
11. Coverage of returns
(1) A return submitted in respect of an ordinary registration must be submittedโ(a) in the case of the first returnโfor the period beginning on the registration date and ending on the first cut-off date; or(b) in the case of a further returnโfor each quarter ending on 31 March, 30 June, 30 September or 31 December.
(2) A return submitted in respect of a short-term registration must be submitted for the period beginning on the registration date and ending on the ending date.
(3) Howeverโ(a) if the registration is cancelled during the period mentioned in subsection (1)(a), the reference to โfirst cut-off dateโ in that subsection is to be construed as a reference to โcancellation dateโ;(b) if the registration is cancelled during a quarter mentioned in subsection (1)(b), that quarter is deemed to end on the cancellation date; and(c) if the registration is cancelled during the period mentioned in subsection (2), the reference to โending dateโ in that subsection is to be construed as a reference to โcancellation dateโ.
12. Meaning of reporting period
In this Regulationโ
reporting period (็ณๅ ฑๆ)โ(a) in relation to a return submitted in accordance with section 11(1)(a), means the period mentioned in that section, as modified by section 11(3)(a) if applicable;(b) in relation to a return submitted in accordance with section 11(1)(b), means the quarter mentioned in that section, as modified by section 11(3)(b) if applicable; or(c) in relation to a return submitted in accordance with section 11(2), means the period mentioned in that section, as modified by section 11(3)(c) if applicable.
13. Timing of returns
Subject to section 46(1), a return must be submitted within 28 days after the last day of each reporting period.
14. Content of returns
(1) A return must contain, in relation to each class of recycling labelsโ(a) the number of recycling labels possessed by the registered supplier when the reporting period began;(b) the number of recycling labels obtained by the registered supplier under section 36(1) of the Ordinance during the reporting period;(c) the number of recycling labels otherwise obtained by the registered supplier during the reporting period;(d) the number of recycling labels provided by the registered supplier under section 35(1) of the Ordinance during the reporting period;(e) the number of recycling labels otherwise transferred by the registered supplier during the reporting period;(f) the number of recycling labels damaged or lost during the reporting period; and(g) the number of recycling labels left unused when the reporting period ended.
(2) A return must also contain, in relation to each class of regulated electrical equipmentโ(a) the number of such equipment that was distributed by the registered supplier in Hong Kong during the reporting period, with a breakdown ofโ(i) the number of such equipment that meets the description of section 37(1)(a)(i) of the Ordinance; and(ii) the number of such equipment that meets the description of section 37(1)(a)(ii) of the Ordinance; and(b) the number of such equipment that was used for the first time by the registered supplier in Hong Kong during the reporting period, with a breakdown ofโ(i) the number of such equipment that meets the description of section 37(1)(a)(i) of the Ordinance; and(ii) the number of such equipment that meets the description of section 37(1)(a)(ii) of the Ordinance.
Subdivision 3โRecords and Documents Relating to Returns
15. Record keeping
(1) This section applies to the keeping of records and documents under section 38(4) of the Ordinance.
(2) The registered supplier must keep records, invoices, receipts, delivery notes, inventory records or any other documents that contain sufficient details to enable the Director to readily verify the matters mentioned in subsection (3) in relation to a return.
(3) The matters areโ(a) in relation to each class of recycling labelsโ(i) the number of recycling labels possessed by the registered supplier when the reporting period began;(ii) the number of recycling labels obtained by the registered supplier under section 36(1) of the Ordinance during the reporting period;(iii) the number of recycling labels otherwise obtained by the registered supplier during the reporting period;(iv) the number of recycling labels provided by the registered supplier under section 35(1) of the Ordinance during the reporting period;(v) the number of recycling labels otherwise transferred by the registered supplier during the reporting period;(vi) the number of recycling labels damaged or lost during the reporting period; and(vii) the number of recycling labels left unused when the reporting period ended; and(b) in relation to each class of regulated electrical equipmentโ(i) the number of such equipment that was distributed by the registered supplier in Hong Kong during the reporting period;(ii) the number of such equipment that was used for the first time by the registered supplier in Hong Kong during the reporting period;(iii) the number of such equipment that was exported by the registered supplier out of Hong Kong during the reporting period; and(iv) among the equipment mentioned in each of subparagraphs (i), (ii) and (iii)โ(A) the number of such equipment that meets the description of section 37(1)(a)(i) of the Ordinance;(B) the number of such equipment that meets the description of section 37(1)(a)(ii) of the Ordinance; and(C) the number of such equipment that does not meet the description of section 37(1)(a)(i), or section 37(1)(a)(ii), of the Ordinance.
Subdivision 4โAudit Reports
16. Application of Subdivision 4
This Subdivision applies to the submission of audit reports under section 39(1) of the Ordinance.
17. Interpretation
(1) In this Subdivisionโ
annual audit date (ๅจๅนดๅฏฉ่จๆฅ), in relation to a registration, means the date specified for the registration under section 6(1)(c);
auditor (ๆ ธๆธๅธซ), in relation to an audit report, means the person who prepares the report under section 39(2) of the Ordinance.
(2) In this Subdivision, a reference to an audit year is, subject to subsection (3), a reference to the period of 12 months ending on an annual audit date.
(3) If the registration is cancelled during the period of 12 months ending on a particular annual audit date, a reference to an audit year is, in relation to that annual audit date, a reference toโ(a) if that annual audit date is the first annual audit date for the registrationโthe period beginning on the registration date and ending on the cancellation date; or(b) if that annual audit date is not the first annual audit date for the registrationโthe period beginning on the date immediately after the last preceding annual audit date, and ending on the cancellation date.
18. Coverage of audit reports
An audit report must cover a return if the reporting period of the return falls within the relevant audit year.
19. Timing of audit reports
Subject to section 46(1), an audit report must be submitted within 3 months after the last day of each audit year.
20. Content of audit reports
(1) The auditor must state in the audit report whether, in the opinion of the auditor and in relation to any return covered by the report, the following statements are trueโ(a) the registered supplier had kept records and documents in accordance with section 38(4) of the Ordinance, and in accordance with section 15;(b) the return had been prepared in accordance with those records and documents; and(c) the quantities of regulated electrical equipment reported in the return had been reported in accordance with the Ordinance.
(2) If the auditor identifies any discrepancy between a return covered by the audit report and the records and documents kept for the return as mentioned in subsection (1)(a) in relation to any quantity of regulated electrical equipment, the auditor must set out the discrepancy in a document in the specified form.
(3) If a discrepancy list has been prepared for an audit report in accordance with subsection (2), the registered supplier must, in submitting the report, attach a copy of the discrepancy list to the report.
21. Exemption from submission of audit reports
(1) A registered supplier may apply to the Director in writing for exemption from submitting an audit report for a particular audit year.
(2) Subject to section 46(1), the application must be made within 1 month after the last day of the relevant audit year.
(3) The Director must approve the application ifโ(a) for an ordinary registrationโ(i) the reporting periods falling within the relevant audit year cover less than 12 months in total; and(ii) the Director is satisfied that the aggregate recycling levies payable for the reporting periods do not exceed $20,000; or(b) for a short-term registrationโthe Director is satisfied that the recycling levy payable for the reporting period does not exceed $20,000.
Subdivision 5โRecycling Levies
22. Prescribed amount
(1) For the purposes of Division 3 of Part 4 of the Ordinance, an amount of recycling levy per item of regulated electrical equipment for each class of such equipment is set out in Schedule 1.
(2) A term specified in column 2 of Schedule 1 has the same meaning as it has in Schedule 6 to the Ordinance.
23. Payment on payment notice
(1) This section applies to the payment of recycling levy under section 38(3) of the Ordinance.
(2) The payment must be made within 30 days after the day on which the payment notice was served on the registered supplier under section 38(2)(b) of the Ordinance.
(3) The payment must be made in accordance with the payment instructions contained in the payment notice.
24. Payment on assessment notice
(1) This section applies to the payment under section 40(9) of the Ordinance of an amount of recycling levy demanded under an assessment notice.
(2) The payment must be madeโ(a) if the assessment notice has not been replaced under section 40(5) of the Ordinanceโwithin 30 days after the day on which the notice was served on the relevant person under section 40(4) of the Ordinance; or(b) if the assessment notice has been replaced with another assessment notice under section 40(5) of the Ordinanceโwithin 30 days after the day on which the other notice was served on the relevant person under that section.
(3) The payment must be made in accordance with the payment instructions contained in the assessment notice.
(4) In subsection (2)โ
relevant person (ๆ้ไบบๅฃซ) means the relevant person mentioned in section 40 of the Ordinance.
25. Adjustment of payable amount with reference to discrepancy list
(1) This section applies if a registered supplier has submitted an audit report under section 39(1) of the Ordinance with a discrepancy list attached in relation to a return (reported return) in accordance with section 20(3).
(2) In determining the amount of recycling levy payable for the first subsequent return (if any), the Director may, with reference to the discrepancy list mentioned in subsection (1), adjust the amount so as to offset any amount of recycling levy that has been or will be overpaid or unpaid by the registered supplier for the reported return as a result of a discrepancy set out on the discrepancy list.
(3) In subsection (2)โ
first subsequent return (ๅ ถๅพ้ฆไปฝ็ณๅ ฑ) means the first return submitted by the registered supplier after the supplier has submitted the audit report as mentioned in subsection (1).
26. Refund of overpaid amount
(1) This section applies if a person has paid an amount of money to the Director for compliance with section 37(1) of the Ordinance.
(2) The person may lodge a written claim with the Director for refund of any overpaid recycling levy paid by the person.
(3) The claim must be accompanied by evidence of the claimantโs entitlement to the refund.
(4) For the purposes of subsection (3), an audit report submitted under section 39(1) of the Ordinance with a discrepancy list attached in accordance with section 20(3) is evidence of a discrepancy set out on the discrepancy list unless the contrary is proved.
(5) On receiving the claim, the Director must refund any overpaid recycling levy to the claimant if the Director is satisfied thatโ(a) the claimant is entitled to the refund; and(b) the overpaid recycling levy is not recoverable by the claimant by the operation of section 25.
(6) In this sectionโ
overpaid recycling levy (่ถ ้กๅพต่ฒป) means an amount of money that was paid by a person as mentioned in subsection (1) in excess of the amount that was payable by the person.
Part 3
Matters Related to Sellers
Division 1โRecycling Labels and Receipts
27. Provision of recycling labels
(1) This section applies if a seller provides a recycling label to a consumer for any regulated electrical equipment under section 35(2)(a) of the Ordinance.
(2) The label must be provided not later than the taking of actual possession of the regulated electrical equipment by the consumer.
(3) To avoid doubt, the label is not required to be provided by affixing it onto the regulated electrical equipment.
28. Provision of receipts
(1)This section applies if a seller provides a receipt to a consumer for any regulated electrical equipment under section 35(2)(b) of the Ordinance.
(2) The receiptโ(a) may be provided in either paper or electronic form; and(b) must contain the wording, in both the English and the Chinese languages, set out in Schedule 2.
(3) The receipt must be provided not later thanโ(a) the making of any payment for the regulated electrical equipment by the consumer; or(b) the taking of actual possession of the equipment by the consumer,
whichever is the later.
Division 2โArrangement for Removal Services
Subdivision 1โEndorsement of Removal Service Plan
29. Application of Subdivision 1
This Subdivision applies to the endorsement of a plan as a removal service plan under section 41(1) of the Ordinance.
30. Application for endorsement of plan
(1) A seller, or a person who proposes to be a seller, may apply to the Director in the specified form for the endorsement.
(2) The applicant may, by giving the Director notice in writing, withdraw the application at any time before it is determined.
(3) If, before the application is withdrawn or determined, a change in the information provided to the Director for the application occurs, the applicant must, as soon as reasonably practicable after the change occurs, give the Director notice of the change in writing.
(4) The Director may, by giving the applicant notice in writing, require the applicant to provide further information and documents for the application.
31. Requirements under section 41(3)(c) of Ordinance
(1) The following requirements are the requirements under section 41(3)(c) of the Ordinanceโ(a) the plan to be endorsedโ(i) must not specify more than 3 collectors; and(ii) must specify 1 collector who meets the requirement specified in subsection (2) as a default collector; and(b) the undertaking under section 41(3)(a) or (b) of the Ordinance must be made in the specified form.
(2) The requirement mentioned in subsection (1)(a)(ii) is that, as part of the plan, the collector undertakes to the seller in the specified formโ(a) to provide removal services in respect of every particular class of regulated electrical equipment distributed by the applicant; and(b) to provide the services on any premises in Hong Kong.
(3) Subsections (1)(b) and (2) do not prevent parties to the undertakings from incorporating any mutually agreed terms and conditions into the undertakings.
(4) In subsection (1)(a)(ii)โ
default collector (้ ๅฎๆถ้่ ) means the first collector whom the seller is to approach for arranging for a removal service on a consumerโs request.
32. Other grounds of refusal
(1) The other grounds on which the Director may refuse to endorse a plan as mentioned in section 41(2) of the Ordinance are specified in subsection (2).
(2) The Director may refuse to endorse a plan if the Director is satisfied thatโ(a) the endorsement application has not been made in the specified form;(b) the applicant has not complied with section 30(3), or any notice given under section 30(4);(c) the applicant is not a seller, or will not become a seller, according to the information provided for the application;(d) the information provided is incorrect or misleading;(e) the plan is impracticable; or(f) the applicant has already had a plan endorsed.
33. Application approved
If an endorsement application is approved, the Director must give the applicant notice in writing ofโ(a) the decision; and(b) the date of endorsement.
34. Application refused
(1) If an endorsement application is refused, the Director mustโ(a) give the applicant notice in writing of the decision; and(b) include in the notice a statement setting out the reasons for the decision.
(2) If the Director intends to refuse the application, the Director mustโ(a) give the applicant notice in writing of the intention and the reasons for the intention; and(b) give the applicant an opportunity to make representations.
Subdivision 2โChange to Removal Service Plan
35. Application for change to removal service plan
(1) No change may be made to a removal service plan of a seller unless the seller applies to the Director in the specified form for approval to do so.
(2) Subject to section 38, the application must be made at least 30 days before the day on which the change is proposed to take effect.
(3) On receiving the application, the Director must give the applicant notice in writing of the date of receipt of application.
(4) The applicant may, by giving the Director notice in writing, withdraw the application at any timeโ(a) before the expiry of 30 days after the date of receipt of application; or(b) before a notice is given under section 37(4),
whichever is the earlier.
(5) The Director may, by giving the applicant notice in writing, require the applicant to provide further information and documents for the application.
(6) Section 71(1)(b) of the Interpretation and General Clauses Ordinance (Cap. 1) does not apply to the period of 30 days under subsection (4)(a).
(7) In subsection (1)โ
seller (้ทๅฎๅ) includes a person who proposes to be a seller.
36. Changing information regarded as making fresh application
(1) If, before an application made under section 35(1) (original application) is withdrawn or determined, a change in the information provided to the Director for the original application occurs, the applicant must, as soon as reasonably practicable after the change occurs, give the Director notice of the change in writing.
(2) If a notice is given under subsection (1)โ(a) the applicant is taken to make a fresh application under section 35(1); and(b) the original application is taken to be withdrawn.
37. Determination of application
(1) An application under section 35(1) is taken to be approved by the Director on the expiry of 30 days after the date of receipt of application unless the application has been approved or refused before the expiry.
(2) The Director must refuse the application if the Director is satisfied that the removal service plan would no longer meet a certain requirement specified in section 41(3) of the Ordinance should the proposed change be incorporated into the plan.
(3) The Director may also refuse the application if the Director is satisfied thatโ(a) the application has not been made in the specified form;(b) the applicant has not complied with section 35(2) or 36(1), or any notice given under section 35(5);(c) the applicant is not a seller, or will not become a seller, according to the information provided for the application;(d) the information so provided is incorrect or misleading; or(e) the removal service plan would become impracticable should the proposed change be incorporated into the plan.
(4) If the application is refused, the Director mustโ(a) give the applicant notice in writing of the decision within 30 days after the date of receipt of application; and(b) include in the notice a statement setting out the reasons for the decision.
(5) Section 71(1)(b) of the Interpretation and General Clauses Ordinance (Cap. 1) does not apply to the period of 30 days under subsection (4)(a).
38. Exemption from section 35(2)
(1) This section applies if a seller makes a change application.
(2) The seller may apply to the Director for exemption from section 35(2).
(3) An exemption application must be made in the specified form in conjunction with the change application.
(4) The Director may approve the exemption application if the Director is satisfied that it is reasonable to do so in the circumstances of the case.
(5) In this sectionโ
change application (ๆดๆน็ณ่ซ) means an application under section 35(1);
exemption application (่ฑๅ ็ณ่ซ) means an application under subsection (2);
seller (้ทๅฎๅ) includes a person who proposes to be a seller.
Subdivision 3โRequests for Removal Services
39. Interpretation
In this Subdivisionโ
distributed equipment (็ฒๅ็ผ้ปๅจ), in relation to a request for a removal service made by a consumer as mentioned in paragraph (b) of section 42(2) of the Ordinance, means the item of regulated electrical equipment distributed to the consumer as mentioned in paragraph (a) of that section.
40. Requests for removal services
(1) A request for a removal service must be madeโ(a) in the manner specified by the seller; and(b) before the expiry of 3 days after the consumer takes actual possession of the distributed equipment.
(2) Subsection (1)(b) does not prevent the consumer from making the request before taking actual possession of the distributed equipment.
41. Record keeping
(1) The seller must, for the prescribed period, keep a record of each request for a removal service.
(2) Subject to subsection (3), the record must contain the following informationโ(a) information that enables the identification of the transaction in which the distributed equipment was distributed (for example, a transaction number);(b) the times at which the request was made and received;(c) the manners in which the request was made and received;(d) proof that the actual collector had been informed of the address of the premises from which the preexisting equipment was to be removed;(e) the date of collection of the pre-existing equipment as agreed by the actual collector;(f) if the actual collector was not the default collectorโ the default collectorโs written confirmation that the default collector was unable or unwilling to provide the requested service, and the reasons.
(3) If any information mentioned in subsection (2) is unavailable, that subsection is taken to be complied with if the record contains an indication of that fact.
(4) A person who, without reasonable excuse, contravenes this section commits an offence and is liable on conviction to a fine at level 2.
(5) In this sectionโ
actual collector (ๅฏฆ้ๆถ้่ ) means the collector who actually provides the removal service;
default collector (้ ๅฎๆถ้่ ) has the meaning given by section 31(4);
pre-existing equipment (็พๆ้ปๅจ), in relation to a request for a removal service, means the item of electrical equipment or electronic equipment to be removed on that request;
prescribed period (่จๆๆ้) means the periodโ(a) beginning at the time when the consumer takes actual possession of the distributed equipment; and(b) ending on the expiry of 1 year after the day on which the consumer takes actual possession of the distributed equipment.
Part 4
Miscellaneous
Division 1โSpecified Forms
42. Director may specify forms
The Director may specify any forms required for the purposes of the Ordinance.
43. General requirements
(1) For the purposes of section 36(1) of the Ordinance, and this Regulation, a specified form may require thatโ(a) it be completed in a specified way;(b) specified information or documents be included in or attached to it; and(c) it be submitted in a specified manner.
(2) If a certain requirement under subsection (1) is not complied with for making an application under section 36(1) of the Ordinance or under this Regulation, the application is to be treated as not made in the specified form.
(3) If a certain requirement under subsection (1) is not complied with for submitting a return under this Regulation, the return is to be treated as not submitted in the specified form.
(4) The Director must make copies of a specified form availableโ(a) during office hours at the office of the Director; or(b) through any other means that the Director considers appropriate.
44. Electronic records as specified forms
(1) If the Director specifies an electronic record as a specified form, the requirement for a signature in the form is satisfied by a password assigned or approved under subsection (2).
(2) The Director may, for enabling a person to use an electronic record as a specified form, from time to time assign or approve any sequence or combination of letters, characters, numbers or symbols as the personโs password.
Division 2โOther Matters
45. Right of appeal to Appeal Board
(1) The following decisions are appealable matters for the purposes of section 13(2) of the Ordinanceโ(a) refusal of an application made under section 33 of the Ordinance;(b) cancellation of a registration;(c) refusal of an application under section 36(2) of the Ordinance;(d) refusal to grant an exemption applied for under section 21(1);(e) service of a payment notice under section 38(2)(b) of the Ordinance;(f) service of an assessment notice under section 40(4) or (5) of the Ordinance;(g) refusal of a claim lodged under section 26(2);(h) refusal to endorse a plan under section 41(2) of the Ordinance, or under section 32(2);(i) refusal of an application under section 37(2) or (3);(j) refusal to grant an exemption applied for under section 38(2).
(2) If an appeal is made under section 13 of the Ordinance against a decision specified in subsection (1), the appeal does not affect the operation of the decision pending the determination of the appeal unless the Director decides otherwise.
46. Extension of periods
(1) If the last day on which a specified act may be done falls on an excluded day, the act is considered as done if it is done on the next following day, not being an excluded day.
(2) In subsection (1)โ
excluded day (่ฑ้คๆฅ) meansโ(a) a Saturday;(b) a general holiday; or(c) a gale warning day, or black rainstorm warning day, as defined by section 71(2) of the Interpretation and General Clauses Ordinance (Cap. 1);
specified act (ๆๆไฝ็บ) meansโ(a) the submission of a return in accordance with section 13;(b) the submission of an audit report in accordance with section 19; or(c) the making of an application in accordance with section 21(2).
Schedule 1
[s. 22 & Sch. 2]
Amount of Recycling Levy
| Column 1 | Column 2 | Column 3 |
| Item | Class of regulated electrical equipment | Amount of recycling levy per item of equipment |
| 1. | Air conditioner | $125 |
| 2. | Refrigerator | $165 |
| 3. | Washing machine | $125 |
| 4. | Television | $165 |
| 5. | Computer | $15 |
| 6. | Printer | $15 |
| 7. | Scanner | $15 |
| 8. | Monitor | $45 |
Schedule 2
[s. 28]
Wording Contained in Receipts
| ๆฌๆถๆๆๅ็็ขๅ๏ผๆฏใ็ขๅ็ฐไฟ่ฒฌไปปๆขไพใ(็ฌฌ603็ซ )ๆๆ็ๅ็ฎกๅถ้ปๅจใ่ฉฒๆขไพๅฐฑ่ฉฒ็ขๅๅพตๆถไธๅๅพช็ฐๅ้ ๅพต่ฒป๏ผ [้ฉ็จ็ๅ็ฎกๅถ้ปๅจ้กๅฅ]๏ผๆฏ้จ$[้่กจ1่จๆ็ๅพต่ฒป้ก] | A product set out in this receipt is regulated electrical equipment under the Product Eco-responsibility Ordinance (Cap. 603). The Ordinance imposes a recycling levy on the product as follows: [Applicable class of regulated electrical equipment]: $[Amount of levy as prescribed in Schedule 1] per item |
| Exampleโ ๆฌๆถๆๆๅ็็ขๅ๏ผๆฏใ็ขๅ็ฐไฟ่ฒฌไปปๆขไพใ(็ฌฌ603็ซ )ๆๆ็ๅ็ฎกๅถ้ปๅจใ่ฉฒๆขไพๅฐฑ่ฉฒ็ขๅๅพตๆถไธๅๅพช็ฐๅ้ ๅพต่ฒป๏ผ ็ฉบ่ชฟๆฉ๏ผๆฏ้จ$125 ๆด่กฃๆฉ๏ผๆฏ้จ$125 ้ป่ฆๆฉ๏ผๆฏ้จ$165 | A product set out in this receipt is regulated electrical equipment under the Product Eco-responsibility Ordinance (Cap. 603). The Ordinance imposes a recycling levy on the product as follows: Air conditioner: $125 per item Washing machine: $125 per item Television: $165 per item |
WONG Kam-sing
Secretary for the Environment
25 April 2017
Explanatory Note
The Promotion of Recycling and Proper Disposal (Electrical Equipment and Electronic Equipment) (Amendment) Ordinance 2016 (3 of 2016) amends, among other legislation, the Product Eco-responsibility Ordinance (Cap. 603) (parent Ordinance) to implement a mandatory producer responsibility scheme on certain electrical equipment and electronic equipment. The new section 44 of the parent Ordinance empowers the Secretary for the Environment to make regulations for the implementation of the scheme. This Regulation is a regulation made under that section.
2. This Regulation provides forโ(a) matters related to registered suppliers, including the registration of suppliers, provision of recycling labels, submission of returns, keeping of records and documents, submission of audit reports, and payment of recycling levies;(b) matters related to sellers, including the provision of recycling labels and receipts, endorsement of and change to removal service plans, and requests for removal services; and(c) the better carrying out of the provisions and purposes of the parent Ordinance.
Product Eco-responsibility (Regulated Electrical Equipment) Regulation (Cap. 603B)
by Secretary for the Environment
