Hong Kong Ordinances

WATER POLLUTION CONTROL ORDINANCE - SECT 38

Further powers of authorized officers

An authorized officer who has pursuant to section 37 or any warrant issued
thereunder, entered any place or premises or boarded any vessel, or who has
been admitted to any place, premises or vessel in the course of his duties,
may-

   (a)  inspect any plant or equipment or observe any process or procedure
        which he has reason to suspect is being, or has been, or is intended
        to be, used in connection with-

        (i)    a discharge or deposit which is being, or has been, made
               contrary to section 8(1) or (1A) or 9(1), or is made pursuant
               to a licence;

        (ii)   the treatment of any matter which is being, or is intended to
               be, discharged or deposited into the waters of Hong Kong or
               inland waters or into any communal sewer or communal drain, and
               may require any person in charge of the place, premises or
               vessel to do anything which the officer reasonably considers to
               be necessary for facilitating the inspection or observation;
               (Amended 67 of 1990 s. 22)

   (b)  require the person in charge of the place, premises or vessel to
        produce for examination any drawing, record or document which is in
        the possession of such person, or which he can reasonably obtain,
        relating to any plant or equipment referred to in paragraph (a) or to
        any discharge or deposit to which section 8(1) or (1A) or 9(1) applies
        or the officer has reason to suspect may apply; (Amended 67 of 1990 s.
        22)

   (ba) if there are reasonable grounds for believing that it is necessary for
        the purpose of carrying out his duties or for the effective
        enforcement of this Ordinance, require a person present at the place
        or premises or by or on board the vessel to produce his identity card
        for inspection, to give his address and telephone number and to
        produce evidence to that effect for inspection; (Added 83 of 1993 s.
        25)

   (c)  seize, remove and detain any drawing, record or document referred to
        in paragraph (b) or any other article or thing if he has reason to
        suspect that it is, or contains, evidence of an offence under this
        Ordinance;

   (d)  examine and make copies of records kept pursuant to a condition of the
        kind mentioned in paragraph 9 of the First Schedule;

   (e)  install sampling devices for and take samples of any matter which is
        within the description in paragraph (a)(ii) or which he has reason to
        believe may come within that description. (Amended 83 of 1993 s. 25)