Hong Kong
Have any regulations or guidelines already been implemented?
There are no legislations that regulate extended producer responsibility in the fashion and textile sector per se.
However, the Product Eco-responsibility Ordinance (Cap. 603) (the “Ordinance”) requires manufacturers, importers, wholesalers, retailers, or other relevant parties to share the responsibility in recycling or proper disposal of plastic shopping bags, regulated electrical equipment and regulated articles, which currently do not encompass textiles and garments.
In addition, the following producer responsibility schemes (“PRS”) are implemented:
- The Plastic Shopping Bag Charging Scheme
- PRS on Waste Electrical and Electronic Equipment
- PRS on Glass Beverage Containers
Is there any upcoming relevant legislation or guidelines?
What is the timeline for implementation?
Following the public consultation in 2021, the government planned on mapping out a new PRS on Plastic Beverage Containers. The precise timeline of implementation is to be announced by the government.
What are the general rules?
While there are currently no extended producer responsibility rules directly targeting the fashion and textile sector, the plastic bag charging scheme might be applicable to retailers of the fashion brands.
Plastic Bag Charging Scheme
- At present, retailers must charge the consumer at least HK$1 for each plastic shopping bag provided by the retailers directly or indirectly to the consumer at the time of sale; for promoting the goods; or otherwise in connection with the sale.
Other rules on extended producer responsibility in Hong Kong include the following:
PRS on Waste Electrical and Electronic Equipment
- From 1 August 2018 onwards, suppliers of regulated electrical equipment (“REE”) must be registered with the Environmental Protection Department before distribution.
- Registered suppliers must meet statutory obligations such as paying recycling levies and providing recycling labels when distributing REE.
PRS on Glass Beverage
- From 1 May 2023 onwards, any person who manufactures or imports glass-bottled beverages and distributes the beverages in Hong Kong must first register as a registered supplier with the Environmental Protection Department.
A registered supplier must meet statutory obligations, which include paying container recycling levies.
What are the products involved?
As of now, textiles and garments are not subject to extended producer responsibility in Hong Kong.
Meanwhile, products which are governed under the PRS include:
- Plastic shopping bags;
- Waste electrical and electronic equipment; and Glass beverage containers
What are the enforcement measures and sanctions in case of violation?
A public officer authorised by the Director of the Environmental Protection Department may:
- Require relevant parties to produce the record or document for inspection;
- Require relevant parties to provide all necessary assistance in connection with the record or document; and
- Remove or retain the record or document for further examination or reproduction, or until the relevant proceedings have been fully determined.
An authorised officer also has the power of entry and search pursuant to a warrant issued by a magistrate if:
- An offence against the Ordinance has been committed in the place; or
- There is in the place anything that constitutes or is likely to constitute evidence that an offence against this Ordinance has been committed.
Parties who provide false information or omit any material required to be produced under the Product Eco-responsibility Ordinance will be liable on conviction to a fine of HK$100,000.
Meanwhile, parties who obstruct authorised officer in the performance of his functions under the Product Eco-responsibility Ordinance will be liable on conviction to a fine of HK$50,000.
Also, parties who fail to comply with a requirement made by an authorised officer will be liable on conviction to a fine of HK$25,000.
Which are the responsible authorities or bodies?
The Environmental Protection Department is responsible for implementing the relevant extended producer responsibility measures in Hong Kong.
