Hong Kong Ordinances

CONSTRUCTION WORKERS REGISTRATION ORDINANCE - SECT 17

Powers of authorized officers to enter construction site

(1) Where a warrant has been issued under subsection (2) in respect of a
construction site, or where subsection (4) applies in respect of a
construction site, an authorized officer may—

   (a)  at any time, using such force as may be necessary, enter and search
        the site;

   (b)  remove anything that obstructs the entry and search;

   (c)  detain any person found on the site, during such period as is
        reasonably required to permit the search to be carried out, where that
        person might prejudice the purpose of the search if he were not so
        detained; and

   (d)  inspect, seize, detain and remove from the site anything that is or
        contains, or appears to the officer to be or to contain, evidence of
        the commission of an offence under this Ordinance.

(2) A magistrate may issue a warrant authorizing an authorized  officer to
enter and search a construction site if the magistrate is satisfied by
information on oath that there are reasonable grounds to suspect that—

   (a)  an offence under this Ordinance is being or has been committed on the
        site; or

   (b)  there is on the site anything that is or contains evidence of the
        commission of an offence under this Ordinance.

(3) A warrant issued under subsection (2) continues in force until—

   (a)  the expiration of 1 month after the date of its issue; or

   (b)  the purpose for which entry is required has been fulfilled, whichever
        first occurs.

(4) An authorized officer may, without a warrant issued under subsection (2),
exercise any of the powers referred to in subsection (1) in respect of a
construction site (other than domestic premises) if—

   (a)  he reasonably suspects that—

        (i)    an offence under this Ordinance is being or has been committed
               on the site; or

        (ii)   there is on the site anything that is or contains evidence of
               the commission of an offence under this Ordinance; and

   (b)  it is not practicable to obtain such a warrant in respect of the site
        before exercising those powers.

(5) For the purposes of ascertaining whether the provisions of this Ordinance
have been or are being complied with, an authorized officer may enter a
construction site at all reasonable times.

(6) This section does not prejudice any power of entry and search conferred on
police officers under any other law.