HKLII Hong Kong Ordinances

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DUMPING AT SEA ORDINANCE - SECT 16

Magistrate's warrant required to enter dwelling

(1) An authorized officer shall not enter, for the purpose of enforcing this
Ordinance, premises used only as a dwelling except under the authority of a
warrant issued by a magistrate.

(2) A magistrate may only issue a warrant if, on an application made by an
authorized officer, he is satisfied-

   (a)  that an authorized officer has reasonable grounds to believe that
        evidence relating to an offence under this Ordinance is present in the
        dwelling; and

   (b)  that-

        (i)    it is not practicable to communicate with a person entitled to
               grant entry to the dwelling;

        (ii)   a person entitled to grant entry to the dwelling has
               unreasonably refused an authorized officer entry;

        (iii)  entry to the dwelling is unlikely to be granted unless a
               warrant is produced; or

        (iv)   the purpose of entry could be prejudiced unless an authorized 
               officer arriving at the dwelling can secure immediate entry to
               it. (Enacted 1995)



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