Page:Product Eco-responsibility Ordinance (Cap. 603).pdf/16

PRODUCT ECO-RESPONSIBILITY ORDINANCE :(a) display a certificate of registration at a place that is not a registered retail outlet to which the certificate relates; or
 * (b) display a certificate of registration that has been forged, falsified or cancelled at any place.

(5) A person who, without reasonable excuse, contravenes subsection (4) commits an offence and is liable on conviction to a fine at level 5.

23. Duty of registered retailers to charge for plastic shopping bags

(1) A registered retailer shall charge a customer an amount of not less than the levy for each plastic shopping bag provided directly or indirectly to the customer from—
 * (a) a registered retail outlet of that retailer; or
 * (b) if part of the area of the outlet is exempted by the Director for the purposes of this section in accordance with subsection (3), any area of the outlet that is not so exempted.

(2) A registered retailer may, for the purposes of this section, apply to the Director for the exemption of part of the area of a registered retail outlet of that retailer in accordance with the regulation.

(3) The Director may approve or reject an application under subsection (2) in accordance with the criteria prescribed by the regulation.

(4) If an appeal is made under Division 5 of Part 2 against a decision of the Director under this section, the appeal does not affect the operation of the decision pending the determination of the appeal unless the Director decides otherwise.

(5) A registered retailer shall ensure that no rebate or discount is offered to any customer with the effect of directly offsetting the amount charged under subsection (1) or any part of it.

(6) A registered retailer who contravenes subsection (1) or (5) commits an offence and is liable—
 * (a) to a fine at level 6 on the first occasion on which he is convicted of the offence; and
 * (b) to a fine of $200,000 on each subsequent occasion on which he is convicted of the offence.

24. Returns and payment of levies

(1) A registered retailer shall ensure that—
 * (a) any return required by the regulation in respect of the retailer, or each registered retail outlet of the retailer, is submitted to the Director at such frequency as prescribed by the regulation unless the Director agrees otherwise;