Plastics and packaging laws in Hong Kong

In Hong Kong, there are a number of laws, regulations, and initiatives which apply to packaging and plastics waste.  Not including those which may relate to industrial waste disposal which may be more applicable to the manufacture of packaging and plastics, the most relevant laws, regulations and initiatives which relate to waste (being packaging or plastics) are:-

• Waste Disposal Ordinance (Cap.354) is used to enforce controls on waste disposal, including collection and disposal and the import and export of waste. 
• Product Eco-responsibility Ordinance (Cap. 603) (PERO) provides the shared core elements of all Producer Responsibility Scheme (PRSs) and the fundamental regulatory requirements in respect of individual types of product.
  • As a part of PRSs, Plastic Shopping Bag Charging Scheme aims to reduce the excessive use of plastic shopping bags (PSBs) through a direct economic disincentive imposed on consumers as a mandatory charge. 
• Promotion of Recycling and Proper Disposal (Product Container) (Amendment) Ordinance 2016 provides a statutory regulatory framework for the glass beverage containers, including the operation details of the scheme, such as registration, submission of returns and payment of recycling levy by beverage suppliers.

Some other regulations that are relevant to the legal framework include:-

• Shipping and Port Control Ordinance (Cap.313) prohibits pollution of the sea by oil from land-based as well as marine sources, and also the dumping of refuse and general littering from vessels or port-based operations.
• Public Health and Municipal Services Ordinance (Cap.132) provides for prevention and control of waste. It also provides for removal of litter or waste from any places.
• Fixed Penalty (Public Cleanliness Offences) Ordinance (Cap.570) provides for fixed penalty for offences including littering and spitting in public places. EPD is empowered to enforce the scheduled offence "unlawful depositing of waste".
• Country Parks Ordinance (Cap.208) provides for control on littering in country parks.
• Marine Parks Ordinance (Cap. 476) provides for control on littering in marine parks and the marine reserve.
• Summary Offences Ordinance (Cap.228) contains provisions related to littering offences including marine littering.
• Waste Disposal (Permits, Authorizations and Licences) (Fees) Regulation 1992 prescribes the fees for application of licences for waste collection and disposal, permits for import and export of waste and authorizations for disposal of certain imported waste.

Yes. The Environmental Protection Department (EPD) introduced the Plastic Shopping Bag Charging Scheme in 2009 as a part of PRSs and then enhanced the measure to the current phase in 2015. The current phase of the Scheme has the following fey features:

• Ban on free plastic shopping bags (PSBs) distribution at all points of retail sales in the territory
• Save for exemptions, retailers should charge at least 50 cents for each PSB provided to consumers
• Exemptions on PSB use for food hygiene reasons
• All plastic bags including flat-top bags are subject to regulation
• Retention of the PSB charges by sellers

The Hong Kong government has also rolled out a one-year pilot scheme since the first quarter of 2021 to test out the practical application of “producer responsibility scheme” that will make producers pay for the collection and recycling of plastic drink bottles. Currently there is no other legislation regulating the use of disposable single-use plastic products (including packaging materials, tableware and containers), but more measures are expected to be implemented to control the single-use plastics. 

Yes. Please find below for existing and/or expected producer responsibility schemes in place for packaging or plastics.

• [Existing] Plastic Shopping Bag Charging Scheme

The Plastic Shopping Bag Charging Scheme, as stated in Q2 above, aims to reduce the excessive use of plastic shopping bags (PSBs) through a direct economic disincentive imposed on consumers as a mandatory charge.

• [Expected] PRS on Glass Beverage Containers (GPRS)

The Legislative Council passed the Promotion of Recycling and Proper Disposal (Product Container) (Amendment) Ordinance in May 2016, providing a statutory regulatory framework for the GPRS. The introduction of a PRS on glass beverage containers (GPRS) enables the concerned stakeholders to take their share of eco-responsibility for proper collection and treatment of waste glass beverage containers, turning them into resources for full utilisation and alleviating the pressure on landfills.
With regards to the progress of GPRS, the Environmental Protection Department (EPD) has appointed Glass Management Contractors to provide regional waste glass container collection and treatment services across the territory.  The EPD launched the Glass Container Recycling Charter in January 2019 inviting the community to join hands in promoting glass container recycling paving way for the full implementation of the GPRS. Currently, the relevant subsidiary legislation providing the operation details of the scheme is currently pending scrutiny by the Legislative Council. 

• [Expected] PRS on Plastic Beverage Containers (PPRS)

Waste plastics constitute about 20% of municipal solid waste disposal in Hong Kong.  Amongst the waste plastics, about 5% are plastic beverage containers.  The Government is exploring how to implement a PRS targeting plastic beverage containers, turning waste into reusable resources. To better promote the recycling of plastic beverage containers, Hong Kong Government has launched the Public Consultation on Producer Responsibility Scheme (PRS) on Plastic Beverage Containers on 22 February 2021 and asked the public to voice their opinion on this new PRS. After taking into account the views collected, the regulatory framework for the PPRS will be mapped out.

The Hong Kong Government is also considering the application of Reverse Vending Machines (RVMs), as appropriate, in Hong Kong to enhance the operation efficiency of this new PRS, which is currently in the trial run period since January 2021 to test out the practical application of RVMs in Hong Kong. 

Under the pilot scheme, 60 RVMs would be installed in phases at locations such as public places or government facilities with relatively high foot traffic, with provision of instant rebate (i.e., $0.1 per plastic beverage container) via e-payment platform to encourage the public to return their used plastic beverage containers. Each Octopus card or Alipay (Hong Kong) account allows the public to return a maximum of 30 plastic beverage containers and redeem the rebate in a day. Members of the public may also choose to donate the rebate (no daily limit imposed) to designated charities (e.g., the Community Chest, the Scout Association of Hong Kong or the Hong Kong Girl Guides Association) to benefit the community. 

No. There is no existing deposit return scheme in place for packaging or plastics in Hong Kong. The Environmental Protection Department is considering the use of incentive mechanisms in the form of a Deposit Return Scheme (DRS) to encourage the public to return used beverage containers for recycling. This is currently in the discussion stage, not yet concretely planned out.

Yes, as an environmental levy. The Environmental Levy Scheme on Plastic Shopping Bags (PSB Levy Scheme) is the first Producer Responsibility Scheme (PRS) introduced in 2009 under the Producer Product Eco-Responsibility Ordinance aiming to reduce the excessive use of plastic shopping bags (PSBs) through a direct economic disincentive imposed on consumers as a mandatory charge. It was fully implemented to cover all retail outlets with effect from 1 April 2015. 

Registered retailers are bound to charge consumers 50 cents as an environmental levy for each plastic bag taken, or for product with prepackaged pack of 10 or more PSBs, irrespective of whether the PSBs are distributed directly or indirectly for the promotion of goods, or in connection with the sales. To streamline the compliance mechanism and enhance the deterrent effect, a fixed-penalty notice of HK$2,000 was imposed on retailers who fail to comply with the legislation.

No. There is currently no existing measure regarding micro-plastics or the use of microbeads in products in Hong Kong. The Administration plans to launch a two-year voluntary scheme for phasing out personal care and cosmetic products (PCCPs) containing microbeads, with a view to encouraging the trade to stop manufacturing, importing or selling these products, and assisting consumers in choosing microbead-free products. The effectiveness of the voluntary phase-out scheme will be reviewed two years after its launch and assessed whether it is suitable to adopt legislative control over products containing microbeads in Hong Kong.

If any legislative control follows after this scheme, the following key measures will be expected to be taken:-

•  To establish a "Microbead-free Charter" that participants can set their own targets and timetables for reducing or ceasing the production, importation and sale of PCCPs containing microbeads and strive to achieve the targets within the set timeframe; 
• To publicize the list of merchants that have joined the "Microbead-free Charter"; and
• To provide the public with a list of microbead-free products and information on microbeads alternatives so as to share the retailers' responsibility on product checking and to facilitate green purchasing by consumers.

Yes. In May 2013, the Environment Bureau published the “Hong Kong Blueprint for Sustainable Use of Resources 2013–2022” (The Blueprint) which maps out a comprehensive strategy, targets, policies and action plans for waste management for the coming 10 years with a view to tackling the waste crisis in Hong Kong.  The Blueprint set out the target to reduce the per capita disposal rate of MSW by 40% by 2022 (e.g., from 1.27 kg per day in 2011 to 0.8 kg by 2022) and to increase the recovery rate to about 55% by 2022.

Yes, subject to specific type of food/beverage being packaged. Guidelines on the Use of Disposable Plastic Containers state that the food containers must protect the food from contamination and must not transfer to the food any harmful substance in an amount that may endanger health. In addition, any deformity of the containers as a result of high temperature is also not desirable. The plastic disposable containers can be used only when it prevents migration of harmful substances into the foodstuff. As the amounts of these harmful substances that may migrate to foods are related to the types and temperatures of the foods as well as the duration of contact, the appropriate type of plastic containers should be chosen for the food of interest. Due to stringent requirements placed on food-contact packaging under food legislations and guidelines in Hong Kong including Part V of the Public Health and Municipal Services Ordinance (Cap. 132), the use of a recycled material as a food-contact layer may not always be possible and may largely depend on specific type of food/beverage being packaged.

N/A