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, the Enhanced 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 in 2015. The enhancement in 2015 has the following key 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

By the end of 2022, the Enhanced Plastic Shopping Bag Charging Scheme was implemented with the following further enhancements:

• increasing the charging level per PSB from the current level of at least 50 cents to at least $1;
• removing the present exemption for PSBs carrying frozen/chilled foodstuff items; and
• tightening the scope of exemption such that free PSBs can only be provided when purchasing foodstuff items without packaging or not wholly contained in any packaging, or food and beverage takeaway items in non-airtight packaging, subject to the basic principle of “one free PSB per single transaction”. In cases where there are multiple exempted foodstuff items in one single transaction, if placing all of them into one free PSB will compromise their quality, or if the size or capacity of the first free PSB is not enough to hold all of them, then one or more additional free PSB(s) may be provided.

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] Enhanced Plastic Shopping Bag Charging Scheme

The Enhanced 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 GBPRS. The introduction of a PRS on glass beverage containers (GBPRS) 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 GBPRS, 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 GBPRS. The GBPRS was fully implemented on 1 May 2023. To assist stakeholders to prepare for the implementation of the GBPRS, the EPD organised 17 briefing sessions in various districts from February to April 2023 to explain the statutory requirements and implementation arrangement of the GBPRS.

• [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 launched a three-month 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 PBPRS will be mapped out. Having considered the views received, the experience in other places and the development of the local recycling market, the Government will adopt a “market-based model” for the implementation of the scheme, and will include beverage cartons in the scheme, which in turn will help enhance the efficiency and cost-effectiveness of the recycling arrangement.  The Government is actively preparing the implementation of the PRS on Plastic Beverage Containers and Beverage Cartons and are now in the progress of drafting the legislative proposals with a view to introducing a bill into the Legislative Council for scrutiny in early 2024 at the earliest.

• [Expected] PRS on Disposable Plastic Tableware

In Hong Kong, plastic/polyform tableware constitutes about 10% of all the waste plastics. Taking into account the rapidly developing market for reusable tableware or non-plastic disposable tableware and the increasing public awareness towards “plastic free”, the situation calls for regulation of the use of disposable plastic tableware. The Chief Executive has ordered that the Product Eco-responsibility (Amendment) Bill 2023 (Amendment Bill) to be introduced into the Legislative Council to provide a legal framework for the regulation of disposable plastic tableware. It is proposed in the Amendment Bill to prohibit the sale to end-customers and provision at catering premises to customers for dine-in and takeaway services in relation to expanded polystyrene tableware, straws, stirrers, cutlery (e.g. forks, knives, spoons) and plates. Such prohibition will be extended to cups, cup lids, food containers and food container covers in phases. This is expected to be implemented on 22 April 2024, to coincide with Earth Day. According to the Product Eco-responsibility Ordinance, those who breach the ban are subject to a maximum fine of HK$100,000.  To encourage the adoption of non-plastic tableware in lieu of disposable plastic ones by the trade, the EPD has commissioned the Hong Kong Quality Assurance Agency to set up an online platform to be utilised by the food and beverage industry, tableware suppliers and the public. The platform (which can be found at www.greentableware.hk/en-us/) has been accepting applications from tableware suppliers since November 2023. There are currently more than 400 non-plastic disposable tableware products listed on the platform. The platform also provides information on the rental market for tableware and cleaning services to encourage restaurants to adopt reusable tableware and therefore further reduce waste.

• [Expected] PRS on Other Plastic Products

The Amendment Bill also contains proposal on the control of single-use plastics (other than the disposable plastic tableware mentioned above). This includes banning the sale and free distribution of disposable plastic products such as cotton buds, umbrella bags, party hats, non-medical use transparent gloves and plastic stemmed dental floss. Specifically targeting the hotel industry, it is proposed that free distribution of hotel toiletries (e.g. plastic-handled toothbrushes, plastic combs) and plastic-bottled water provided in hotel rooms be banned. There are proposals to have exemptions in place for disposable plastic products used for certain purposes such as forensic analysis, medical treatment, scientific experiment and taking medicine. Timing wise, similar to the above, the proposed control measures will be launched in phases and the first phase regulation will take place in April 2024.

In addition, the PRS on waste electrical and electronic equipment requires suppliers of certain household electrical appliances (e.g. refrigerators and computers) to pay a recycling levy.

In relation to the Producer Responsibility Scheme on Plastic Beverage Containers (PBPRS), the Environmental Protection Department (EPD) rolled out a pilot scheme in the first quarter of 2021 to test out the application of reverse vending machines (RVMs) in Hong Kong for collecting plastic beverage containers. Under the pilot scheme, the EPD installed 60 RVMs in phases at locations such as public places, government facilities or shopping centres with suitable foot traffic for trying out by the public, with the provision of an instant rebate ($0.1 per plastic beverage container) via e-payment platforms to encourage the public to return used plastic beverage containers.

Positive responses from the public have been received since the rollout of the pilot scheme. Stage 2 of the pilot scheme was launched in the second quarter of 2022 with the number of RVMs increased progressively to 120 in phases, allowing members of the public to get more hands-on experience in the operation of RVMs. 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. 

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.

Starting from 31 December 2022, registered retailers are bound to charge consumers at least 1 dollar (increased from 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.

The Municipal Solid Waste Charging (MSW Charging) will also be implemented on 1 August 2024. In line with the "polluter-pays" principle, the waste disposed of by all sectors in Hong Kong will be subject to charging based on its quantity. MSW Charging covers both domestic waste (such as household waste and waste generated from daily activities in institutional premises) and commercial waste (such as waste arising from shops, restaurants, hotels, offices, markets in private housing estates and all industrial activities). After a six-month phasing in period, fixed penalty tickets at HK$1,500 each will be issued to offenders intercepted on the spot, and prosecution by way of summons will also be taken against serious and repeated offenders.

No. There is currently no existing measure regarding micro-plastics or the use of microbeads in products in Hong Kong. In September 2021, the Administration launched 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 is currently being assessed to decipher 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 February 2021, the Environment Bureau published the “Waste Blueprint for Hong Kong 2035” (The Blueprint) which maps out a comprehensive strategy, targets, policies and action plans for waste management for the coming 15 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 40-45% by 2035 and to increase the recovery rate to about 55% by 2035. 

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.

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This chapter was last updated on March 2024 and does not reflect any subsequent developments in the law.