Hong Kong Regulations

TELECOMMUNICATIONS (CONTROL OF INTERFERENCE) REGULATIONS - REGULATION 6

Entry and search of premises, etc.

(Past version on 30/06/1997).

Where a magistrate is satisfied by information on oath-

   (a)  that there is reasonable ground for believing that, on any specified
        premises or in any specified vessel, aircraft or vehicle, apparatus to
        which these regulations apply is to be found which does not comply
        with the requirement applicable to it under these regulations; and

   (b)  that it is necessary to enter those premises, or that vessel, aircraft
        or vehicle, and to examine or test any apparatus to which these
        regulations apply which may be found therein or thereon for the
        purpose of determining whether any such apparatus does or does not
        comply with the requirement applicable to it under these regulations;
        and

   (c)  that, within fourteen days before the date of the application to such
        magistrate, access to the premises, vessel, aircraft or vehicle for
        the purpose aforesaid has been demanded by, or permission to examine
        any such apparatus as aforesaid which has been found therein or
        thereon has been requested by, the Authority or any public officer
        authorized in writing in that behalf by the Authority and producing
        sufficient documentary evidence of his identity and, in the case of a
        public officer authorized as aforesaid, of his authority, but in
        either case has been unreasonably refused, the magistrate may issue
        his warrant empowering the Authority or any public officer or officers
        authorized in writing in that behalf by the Authority and named in
        such authorization to enter the premises or, as the case may be, the
        vessel, aircraft or vehicle and any premises on which it may be and to
        search the premises, vessel, aircraft or vehicle with a view to
        discovering whether any apparatus to which these regulations apply is
        situate thereon or therein, and, if he finds or they find any such
        apparatus thereon or therein, to examine and test it with a view to
        determine whether it does or does not comply with the requirement
        applicable to it under these regulations.