Hong Kong Ordinances

CHEMICAL WEAPONS (CONVENTION) ORDINANCE - SECT 27

Rights of entry, etc., for purposes of inspection

(1) If it is proposed to conduct a routine inspection, a challenge inspection
or an assistance inspection in Hong Kong—

   (a)  the Commissioner may issue an authorization under this section in
        respect of that inspection (except such an authorization in relation
        to a challenge inspection or an assistance inspection to the extent
        that the area in which that inspection is to be conducted is
        domestic premises);

   (b)  in the case of a challenge inspection or an assistance inspection to
        the extent that the area in which that inspection is to be conducted
        is domestic premises, a magistrate may issue an authorization under
        this section in respect of that inspection if the magistrate is
        satisfied, by information on oath, that it is reasonably necessary for
        the domestic premises to be subject to that inspection.

(2) An authorization under this section shall—

   (a)  contain a description of the area (the specified area) in which the
        inspection is to be conducted;

   (b)  specify the type of inspection concerned;

   (c)  state the names of the members of the inspection team by whom the
        inspection is to be carried out; and

   (d)  in the case of a challenge inspection, state the name of any observer
        who may accompany the team.

(3) An authorization under this section shall have the effect of authorizing
the inspection team—

   (a)  to exercise within the specified area such rights of access, entry and
        unobstructed inspection as are conferred on them by the verification
        annex; and

   (b)  to do such other things within that area in connection with the
        inspection as they are entitled to do by virtue of the verification
        annex

(including things concerning the maintenance, replacement or adjustment of any
instrument or other article).

(4) An authorization under this section shall in addition have the effect
of—

   (a)  authorizing one or more than one in-country escort to accompany the
        inspection team in accordance with the provisions of the verification
        annex; and

   (b)  authorizing a member of the Customs and Excise Service or an
        authorized officer or any other public officer to give such assistance
        as the in-country escort may request for the purpose of facilitating
        the conduct of the inspection in accordance with the verification
        annex, and the name of the person in charge of the in-country escort
        shall be stated in the authorization.

(5) An authorization under this section in the case of a challenge inspection
shall in addition have the effect of authorizing the observer to exercise
within the specified area such rights of access and entry as are conferred on
him by the verification annex.

(6) Any member of the Customs and Excise Service or authorized  officer or
other public officer giving assistance in accordance with subsection (4)(b)
may use such reasonable force as he considers necessary for the purpose
mentioned in that subsection.

(7) The occupier of any premises or place—

   (a)  in relation to which it is proposed to exercise a right of entry in
        reliance on an authorization under this section; or

   (b)  on which an inspection is being carried out in reliance on such an
        authorization, or a person acting on behalf of the occupier of any
        such premises or place, shall be entitled to require a copy of the
        authorization to be shown to him by a member of the in-country escort.

(8) The validity of any authorization purporting to be issued under this
section in respect of any inspection shall not be called in question before
any court at any time before the conclusion of that inspection.

(9) Accordingly, where an authorization purports to be issued under this
section in respect of any inspection, no proceedings (of whatever nature)
shall be brought at any time before the conclusion of the inspection if they
would, if successful, have the effect of preventing, delaying or otherwise
affecting the carrying out of the inspection.

(10) If in any proceedings any question arises whether a person at any time
was or was not, in relation to any routine, challenge or assistance
inspection, a member of the inspection team or a member of the
in-country escort or the observer, a certificate issued by or under the
authority of the Commissioner stating any fact relating to that question shall
be conclusive evidence of that fact.

(11) If an authorization is issued under this section the Commissioner or, in
the case of an authorization issued under subsection

(1)(b), a magistrate, may issue an amendment varying the specified area,
and—

   (a)  from the time when the amendment is expressed to take effect this
        section shall apply as if the specified area were the area as varied;

   (b)  subsection (8) shall apply to the amendment as it applies to the
        authorization;

   (c)  the Commissioner or magistrate, as the case may be, may issue further
        amendments varying the specified area and in such a case paragraphs
        (a) and (b) shall apply accordingly. [ cf. 1996 c. 6 s. 25 U.K.]