Page:Product Eco-responsibility Ordinance (Cap. 603).pdf/19

PRODUCT ECO-RESPONSIBILITY ORDINANCE (12) Any notice under this section is regarded as duly served when it is sent by post to the last address provided by the registered retailer to the Director. Division 4—Supplementary provisions as to offences under Part 3 27. Defence to offences

It is a defence to a charge under section 19(4), 23(6), 24(3), 25(2) or 26(7) for a person charged to prove that he exercised due diligence to avoid the commission of the offence.

28. Liability of franchisees

(1) In this section, “franchised retail outlet” (專營加盟零售店) means a qualified retail outlet at which a retail business is carried on under a franchise agreement.

(2) If an offence under section 19(4), 22(3) or 23(6) involving a franchised retail outlet is committed, or would have been committed except for the reliance on the defence under section 27 (if applicable), by its franchiser owing to an act or default of its franchisee—
 * (a) the franchisee also commits the offence and is liable on conviction to the penalty provided, whether or not the franchiser is charged with or convicted of the offence; and
 * (b) the franchisee may also rely on the defence under section 27 in the case of an offence under section 19(4) or 23(6).

Division 5—Regulations 29. Secretary may make regulations in respect of Part 3

(1) The Secretary may, after consultation with the Advisory Council on the Environment, make regulations with respect to all or any of the following matters—
 * (a) application for registration and deregistration in respect of a retail outlet under section 19, and the determination of such an application;
 * (b) application for the exemption of part of the area of a registered retail outlet for the purposes of section 23, and the criteria in accordance with which the Director may determine such an application;
 * (c) submission of returns and payment of levies by registered retailers;