Hong Kong Ordinances

MERCHANT SHIPPING (LOCAL VESSELS) ORDINANCE - SECT 62

Powers of authorized officers to enter premises, etc.

(1) Subject to this section, an authorized officer may, on producing, if so
required, some duly authenticated document showing his authority, enter any
premises, other than domestic premises, at any time between the hours of 7
a.m. and 7 p.m. for the purposes of-

   (a)  ascertaining whether there is, or has been, on the premises, any
        local vessel that appears to be or to have been possessed or used in
        contravention of any of the provisions of this Ordinance; and

   (b)  taking any action authorized or required to be taken by or under this
        Ordinance in respect of any such vessel found on the premises.

(2) A magistrate may, if satisfied by information on oath that-

   (a)  admission to any premises, other than domestic premises, has been
        refused or that refusal is apprehended, or that such premises are
        unoccupied, or that the occupier is temporarily absent, or that the
        case is one of urgency, or that an application for admission would
        defeat the object of the entry, or that it is reasonable for the
        purposes of this Ordinance in the circumstances of the case that entry
        be effected between the hours of 7 p.m. and 7 a.m.; and

   (b)  there is reasonable ground for entry into the premises for any of the
        purpose of subsection (1), issue a warrant authorizing an
        authorized officer to effect entry, if need be by force : Provided
        that such warrant shall not be issued unless the magistrate is
        satisfied that notice of the intention to apply for a warrant has been
        given to the occupier of the premises, or that the premises are
        unoccupied, or that the occupier is temporarily absent, or that the
        case is one of urgency, or that the giving of such notice would defeat
        the object of the entry, or that it is reasonable for the purposes of
        this Ordinance in the circumstances of the case that entry be effected
        between the hours of 7 p.m. and 7 a.m. as may be appropriate.

(3) A magistrate may, if satisfied by information on oath that there is
reasonable ground for entry into domestic premises for any of the purposes of
subsection (1), issue a warrant authorizing an authorized  officer to effect
entry between the hours of 7 a.m. and 7 p.m., if need be by force: Provided
that such warrant shall not be issued unless the magistrate is satisfied that
notice of the intention to apply for a warrant has been given to the occupier
of the premises, or that the premises are unoccupied, or that the occupier is
temporarily absent, or that the case is one of urgency, or that the giving of
such notice would defeat the object of the entry.

(4) Any authorized officer entering any premises by virtue of the provision of
subsection (1) or of a warrant issued under subsection (2) or

(3) may take with him such persons as may be necessary, and on leaving any
unoccupied premises which he has so entered, shall leave such premises as
effectually secured against trespassers as he found the same to be at the time
of entry.

(5) Every warrant issued under subsection (2) or (3) shall continue in force
until the purpose for which the entry is necessary has been satisfied.