Hong Kong Ordinances

AIR POLLUTION CONTROL ORDINANCE - SECT 28

Powers of entry and inspection, etc.

(1) For the purpose of-

   (a)  determining the position of any apparatus or device or sampling point
        to be used for the measurement of any air pollutant emitted from any
        polluting process or passing through any chimney; (Amended 13 of 1993
        s. 19)

   (b)  determining the composition, concentration, quantity, quality or
        density of any air pollutant emitted from any polluting process or
        passing through any chimney; (Amended 13 of 1993 s. 19)

   (c)  determining the composition of any fuel, or other material, or
        viscosity of any liquid fuel used in any polluting process; (Amended
        13 of 1993 s. 19)

   (d)  observing and recording any process or procedure used in or in
        connection with-

        (i)    the operation of any polluting process; or (Amended 13 of 1993
               s. 19)

        (ii)   the conduct of any specified process;

   (da) taking samples of material suspected of being asbestos 
        containing material; (Added 13 of 1993 s. 19)

   (db) observing the condition of any premises or ship suspected of
        containing or known to contain asbestos containing material; (Added 13
        of 1993 s. 19)

   (e)  ascertaining the source of any air pollutant;

   (ea) ascertaining whether any motor vehicle has been designed or
        constructed to operate in accordance with any requirement imposed
        under this Ordinance relating to the prohibition or control of the
        emission of air pollutants therefrom; (Added 2 of 1991 s. 6)

   (f)  ascertaining whether there is or has been on or in connection with any
        premises, ship or motor vehicle any contravention of any of the
        requirements of this Ordinance; (Amended 2 of 1991 s. 6)

   (g)  establishing any other matter in connection with paragraphs (a) to
        (f), the Authority or an authorized officer may-

        (i)    inspect any polluting process;

(ia) inspect any motor vehicle; (Added 2 of 1991 s. 6)

(ib) inspect any premises, place or facility in which fuel is stored,
supplied, distributed, sold or offered for sale; (Added 2 of 1991 s. 6.
Amended 19 of 1994 s. 9)

(ic) inspect premises or a ship suspected of containing or known to contain
asbestos containing material; (Added 13 of 1993 s. 19)

        (ii)   take samples from, and make measurements of, any air pollutant
               emitted from any polluting process or passing through any
               chimney; (Amended 13 of 1993 s. 19)

        (iii)  take samples of any fuel or other material used in any
               polluting process; (Amended 13 of 1993 s. 19)

(iiia) take samples of any fuel or other substance used in any motor vehicle
or stored by any person; (Added 2 of 1991 s. 6. Amended 19 of 1994 s. 9)

(iiib) take samples of material suspected of being or known to contain
asbestos containing material; (Added 13 of 1993 s. 19)

        (iv)   observe and record any process or procedure referred to in
               paragraph (d);

(iva) require the owner of premises or a ship to label chimneys and
asbestos containing material with identifying marks; (Added 13 of 1993 s. 19)

(ivb) require the owner of premises or a ship to provide sampling points with
safe access to chimneys, containments and relevant plant for taking samples
and measuring air pollutants; (Added 13 of 1993 s. 19)

(ivc) require a person present in premises or a ship being entered to give
details of his identity, name and address and produce evidence of his
identity; (Added 13 of 1993 s. 19)

(ivd) require a person present in premises or a ship being entered who appears
to be at the time responsible for or in charge of the premises or ship to give
information or render assistance that may be necessary to enable the Authority
or authorized officer to carry out his functions under this section; (Added 13
of 1993 s. 19)

        (v)    require the production of and inspect any drawings, records or
               documents relating to any polluting process or
               specified process or asbestos or asbestos containing material
               whether or not the same are required to be kept under this
               Ordinance;

(va) require the production of and inspect any drawings, records or documents
relating to any motor vehicle or any premises, place or facility in which fuel
is stored, supplied, distributed, sold or offered for sale; (Added 2 of 1991
s. 6. Amended 19 of 1994 s. 9)

        (vi)   make copies of any drawings, records or documents referred to
               in paragraph (v) or (va); (Amended 2 of 1991 s. 6)

        (vii)  make such examination and inquiry as may be necessary to
               ascertain whether the requirements of this Ordinance are
               complied with, and seize, remove and detain anything which may
               appear to be evidence of an offence against this Ordinance.

(2) Subject to subsection (3), for the purposes of subsection (1), the
Authority, or any authorized officer, may without warrant enter and search
premises or a ship.

(3) No premises or a ship which is used solely for dwelling purposes shall be
entered or searched under subsection (2) except by virtue of a warrant issued
by a magistrate, where such magistrate is satisfied by information on oath
that there is reasonable ground for suspecting that an offence under this
Ordinance, has been, is being or is about to be committed in the premises or
ship or that there is in the premises or ship anything likely to be or to
contain evidence of such offence.

(4) An authorized officer who enters premises or a ship shall- (Amended 13 of
1993 s. 19)

   (a)  if so required, produce evidence of his identity and of his
        authorization by the Authority under section 4(3); and

   (b)  if a warrant has been issued under subsection (3), produce that
        warrant.

(5) An authorized officer performing or exercising the powers conferred on him
under this section may obtain the assistance of other persons that he
reasonably requires to perform or exercise any function, duty or power. (Added
13 of 1993 s. 19) (Amended 13 of 1993 s. 19)