Hong Kong Ordinances

FIRE SAFETY (BUILDINGS) ORDINANCE - SECT 16

Power to enter a building, etc. and other powers of authorized officers

(1) An authorized officer may enter and inspect a building or part of a
building without warrant if the officer reasonably believes that-

   (a)  it is or may be a composite building or domestic building or a part
        thereof; or

   (b)  an offence against this Ordinance is being or has been committed
        therein.

(2) An authorized officer may also enter and inspect a building or part of a
building without warrant in order to ascertain whether or not a
fire safety direction or fire safety compliance order, as the case may be,
made in respect of it has been complied with.

(3) An authorized officer must not enter under subsection (1) or

(2) any part of a building-

   (a)  intended for domestic purposes; and

   (b)  in respect of which the occupier of that part of the building has an
        exclusive right of use and enjoyment, unless no less than 24 hours'
        notice in writing of an intended entry by such officer has been given
        to that occupier.

(4) If, on the application of an enforcement authority, it is proved to the
satisfaction of a magistrate on sworn information-

   (a)  that admission to a building or part of a building has been refused,
        or that refusal of admission is reasonably expected, or that it is
        unoccupied or that the case is one of urgency; and

   (b)  that there is a good reason for an authorized officer to enter it, the
        magistrate may issue a warrant authorizing an authorized officer to
        enter the building or part of a building with such force as may be
        necessary.

(5) On leaving an unoccupied building or part of a building entered in
accordance with this section, an authorized officer must ensure that it is as
effectively secured against trespassers as the officer found it at the time of
entry.

(6) A warrant issued under this section continues in force for 1 month from
the date of its issue or until the purpose for which entry is required has
been fulfilled, whichever first occurs.