Hong Kong Ordinances

OZONE LAYER PROTECTION ORDINANCE - SECT 10

General powers of authorized officers

(1) Without prejudice to the powers conferred by section 11, an
authorized officer may, for the purposes of this Ordinance-

   (a)  enter at any reasonable time and search-

        (i)    any premises (other than domestic premises) occupied by a
               person registered under this Ordinance or by the holder of a
               licence;

        (ii)   any premises (other than domestic premises) in which there is a
               machine or machinery designed to cool or freeze anything or to
               function as a heat pump;

        (iii)  any premises (other than domestic premises) occupied by a
               person who carries on the business of, or any business that
               includes servicing, repairing or decommissioning
               air-conditioners or heat pumps; and

        (iv)   any premises (other than domestic premises) occupied by a
               person who carries on the business of, or any business that
               includes the recovery or recycling of scheduled substances;
               (Amended 26 of 1993 s. 3)

   (b)  require a person to produce for his inspection-

        (i)    a licence or certificate of registration;

        (ii)   any document which relates to the origin, destination,
               specifications or nature of anything in respect of which a
               licence could be issued under this Ordinance or which he
               suspects to be evidence of an offence under this Ordinance; or
               (Amended 26 of 1993 s. 3)

        (iii)  any record or other document required to be kept by this
               Ordinance;

   (c)  examine and make copies of a licence, certificate of registration or
        of any record or document produced under paragraph (b);

   (d)  take possession of, without payment but subject to the issue of a
        receipt for it, a sample of anything that as may be required by the
        Director for the purpose of examination and investigation to determine
        whether an offence may have been committed under this Ordinance;
        (Amended 26 of 1993 s. 3)

   (e)  examine anything if he considers it necessary to do so to ascertain
        whether or not the provisions of this Ordinance are being, or have
        been, complied with by any person in respect of that thing;

   (f)  require the owner, occupier or person in charge of any premises
        entered under this section to provide sampling points with safe access
        for taking a sample under paragraph (d); (Added 26 of 1993 s. 3)

   (g)  inspect and observe the operation of any equipment, and any gauge,
        dial or other instrument used or referred to in connection with its
        operation, or activated by its operation, and record the results of
        the inspection and observation for the purpose of ascertaining-

        (i)    whether or not this Ordinance applies to that equipment; and

        (ii)   whether or not the provisions of this Ordinance are being, or
               have been, complied with by any person in respect of that
               equipment; or (Added 26 of 1993 s. 3)

   (h)  make any inspection or measurement for the purpose of ascertaining
        whether any equipment is maintained or used in accordance with this
        Ordinance. (Added 26 of 1993 s. 3)

(2) An authorized officer may require-

(a) the holder of a licence;

   (b)  a person registered under this Ordinance;

   (c)  a servant, employee or agent of a person referred to in paragraph (a)
        or (b); and

   (d)  the owner, occupier or person in charge of any premises which he is
        empowered to enter under subsection (1), (Added 26 of 1993 s. 3) to
        furnish such information or take such action as may be necessary to
        enable the authorized officer to exercise the powers conferred or
        perform the duties imposed on him under this Ordinance.

(3) Where a sample of anything is taken by an authorized officer under
subsection (1)(d) the Director may, after his examination and investigation,
direct that the sample be returned to the place from which it was taken, or
destroyed or disposed of, as the Director thinks fit. (Enacted 1989)