Hong Kong Regulations

ELECTRICITY SUPPLY LINES (PROTECTION) REGULATION - SECT 14

Powers of entry, etc.

Powers of Entry, etc.

(1) Subject to this section, the Director may-

   (a)  enter, inspect and examine any premises or place in which works are
        being undertaken in the vicinity of an electricity supply line or in
        which he reasonably suspects such works are being undertaken, and may,
        in the interests of safety or of ensuring the continuity of supply of
        electricity, there make enquiries as to the observance of any
        requirement under this Regulation and all matters and things relating
        to the electricity supply line concerned;

   (b)  enter and search any premises or place, forcibly if necessary, in
        which he reasonably suspects that there may be anything which is
        liable to seizure under paragraph (c); and

   (c)  seize, remove and detain-

        (i)    anything in respect of which he has reasonable grounds for
               suspecting that an offence against this Regulation has been
               committed; or

        (ii)   any other thing which appears to him likely to be or to contain
               evidence of any such offence.

(2) For the purpose of exercising the powers conferred under section 12(1)(b),
but subject to this section, the Director may enter, inspect and examine any
premises or place, forcibly if necessary, in respect of which a notice has
been given under section 12(1) and may there do such things as are necessary
to remedy the contravention or the matter occasioning it, as the case may be.

(3) The powers conferred under subsections (1)(a) and (2) to enter, inspect
and examine a premises or place may be exercised at any time of the day or
night, but in exercising that power the Director shall use every effort to
avoid unnecessarily impeding or obstructing works being carried out in the
premises or place.

(4) The powers conferred under subsections (1) and (2) to enter and search any
premises may be exercised in relation to any domestic premises if, and only
if, one or other of the following requirements is satisfied-

   (a)  a warrant has been issued by a magistrate, where the magistrate is
        satisfied by information on oath that there is reasonable ground for
        suspecting that an offence against this Regulation has been, is being
        or is about to be, committed in such premises or there is in such
        premises anything likely to be or to contain evidence of such offence;

   (b)  the Director is of the opinion, having regard to the circumstances of
        the case, that the delay likely to be occasioned in obtaining a
        warrant as is mentioned in paragraph (a) would be likely to result in
        the occurrence of an electrical accident.

(5) The Director may exercise any of his powers under this section with the
assistance of such other persons as he thinks fit.