Hong Kong Ordinances

OIL (CONSERVATION AND CONTROL) ORDINANCE - SECT 10

Power of Director as to keeping of books, making of returns, entry and inspection

PART III

MISCELLANEOUS

(1) The Director may, for the purposes of this Ordinance or any order,
direction or requirement made or given thereunder, by notice in writing
require any person-

   (a)  to keep such books, accounts and records relating to any business as
        may be specified in the notice; and

   (b)  to furnish, at such times, in such manner and in such form as may be
        so specified, such estimates, returns or information as may be so
        specified, and if such person fails to comply with any such
        requirement, he shall be guilty of an offence and shall be liable to a
        fine of $10000 and to imprisonment for 6 months.

(2) Subject to subsection (6), any authorized officer may for the purposes of
this Ordinance or any order or direction made or given thereunder-

   (a)  enter and search any premises-

        (i)    for the purpose of enabling the Director to exercise any of the
               powers conferred on him by this Ordinance or any order made
               thereunder, or to determine whether, and if so in what manner,
               any of those powers ought to be exercised;

        (ii)   for the purpose of securing compliance with any order,
               direction or requirement made or given under this Ordinance;

        (iii)  for the purpose of ascertaining whether an offence under this
               Ordinance, or any order or direction made or given thereunder,
               has been or is being committed in or on the premises;

        (iv)   if he suspects that there is in or on the premises, any article
               in respect of which an offence has been committed under this
               Ordinance, or any order or direction made or given thereunder
               or which is, or contains evidence of the commission of such
               offence;

        (v)    for the purpose of verifying any information furnished to the
               Director; or

        (vi)   for the purpose of securing that the work carried on in such
               premises is performed in such manner as the Director considers
               best calculated to conserve and make best use of supplies of
               oil available for the carrying on that work;

   (b)  stop, board, search and detain any vehicle, vessel, aircraft, train or
        tram;

   (c)  require the production of-

        (i)    any licence or permit;

        (ii)   any document which relates to the origin or nature of any oil;
               or

        (iii)  any book, account or record required to be kept under this
               Ordinance or any order, direction or requirement made or given
               thereunder;

   (d)  examine and take copies of any licence, permit, book, account, record
        or document referred to in paragraph (c);

   (e)  take, without payment, such sample of any oil as may be required by
        the Director for the purpose of examination and investigation; or

   (f)  seize any article-

        (i)    in respect of which he suspects that an offence has been
               committed under this Ordinance, or any order or direction made
               or given thereunder; or

        (ii)   which he suspects to be, or to contain, evidence of the
               commission of such an offence.

(3) No vessel having a tonnage exceeding 250 gross tons shall be detained
under subsection (2)(b) for more than 12 hours without the consent of the
Director, who may, by order in writing, detain such a vessel for further
periods of not more than 12 hours at a time.

(4) No aircraft shall be detained under subsection (2)(b) for more than 6
hours without the consent of the Director, who may, by order in writing,
detain an aircraft for further periods of not more than 6 hours at a time.
(Amended L.N. 235 of 1996)

(5) Any order made by the Director under subsection (3) or (4) shall state the
times from which and for which the order shall be effective.

(6) Domestic premises shall not be entered or searched by an
authorized officer except with the approval of the Director.