Hong Kong Ordinances

WATER POLLUTION CONTROL ORDINANCE - SECT 37

Powers of authorized officers to enter premises etc.

(1) Subject to subsection (2), an authorized officer may, for the purposes of
this Ordinance, without a warrant enter any place or premises or stop and
board any vessel-

   (a)  from or on which he has reason to suspect that, in contravention of
        section 8(1) or (1A), matter has been or is being discharged or
        deposited into the waters of Hong Kong or inland waters, or, in
        contravention of section 9(1), matter has been or is being discharged
        or deposited into any communal sewer or communal drain;

   (b)  from or on which matter is being discharged or deposited as mentioned
        in paragraph (a) pursuant to a licence, whether or not there is a
        suspected contravention of section 8 or 9;

   (c)  on which he has reason to believe there is any thing likely to be, or
        to contain, evidence of an offence against this Ordinance. (Amended 67
        of 1990 s. 22)

(2) An authorized officer shall not under subsection (1) enter domestic
premises (other than that part of such premises on which there is a private
wastewater treatment facility) or board any vessel used wholly or principally
for dwelling purposes without a warrant issued by a magistrate under
subsection (3). (Amended 83 of 1993 s. 24)

(3) A magistrate may issue a warrant empowering any authorized officer to
enter domestic premises or to board any vessel used wholly or principally for
dwelling purposes if the magistrate is satisfied by information on oath that
there is reasonable ground for suspecting that-

   (a)  contrary to section 8(1) or (1A), any matter is being or has been
        discharged or deposited into the waters of Hong Kong or inland waters
        from those premises or that vessel; or

   (b)  contrary to section 9(1), any matter is being or has been discharged
        or deposited from those premises or that vessel into any
        communal sewer or communal drain;

   (c)  there is on those premises or on that vessel any thing likely to be,
        or to contain, evidence of an offence against this Ordinance. (Amended
        67 of 1990 s. 22)

(3A) Where an authorized officer or authorized agent has reasonable grounds
for believing that it is necessary for the purpose of carrying out any work
under section 13A or authorized under the regulations, he may without warrant
enter any place or premises on which any inspection, survey or work is to be
carried out or through which access is needed for that purpose. (Added 83 of
1993 s. 24)

(3B) An authorized officer or authorized agent shall not under subsection (3A)
enter domestic premises without a warrant issued by a magistrate under
subsection (3C). (Added 83 of 1993 s. 24)

(3C) A magistrate may issue a warrant empowering an authorized officer or
authorized agent to enter any premises if he is satisfied by information on
oath that the entry is required for the purpose of section  13A or for the
purposes authorized under the regulations. (Added 83 of 1993 s. 24)

(4) An authorized officer or authorized agent who enters any place or premises
or boards any vessel-

   (a)  shall, if so required, produce evidence of his identity and of his
        authorization by the Authority under this Ordinance; and

   (b)  shall, if a warrant is under subsection (3) or (3C) required for
        entry, produce that warrant. (Amended 83 of 1993 s. 24)