1986 Ed.]

Shipping and Port Control

[CAP. 313

35

(ii) to ensure that it is not tampered with before the examination of it is completed;

(iii) to ensure that it is available for use as evidence in any proceedings for an offence under this Ordinance or any other enactment;

(e) require any person whom he has reasonable cause to believe to be able to give any information relevant to the investigation to answer (in the absence of persons other than a person nominated by him to be present and any persons whom the inspector or authorized officer may allow to be present) such questions as the inspector or authorized officer thinks fit to ask and to sign a declaration of the truth of his answers;

(f) require the production of, inspect, and take copies of any entry in, the log book of the vessel or any document which it is necessary for him to see for the purposes of the investigation.

(2) No answer given by a person in pursuance of a requirement imposed under subsection (1)(e) shall be admissible in evidence against that person or the husband or wife of that person in any proceedings.

(3) For the purpose of an investigation under section 39, the powers of an inspector shall be limited to matters to which Part V relates or to offences under that Part.

(4) Any person who-

(a) contravenes any requirement imposed by an inspector or authorized officer under subsection (1);

(b) prevents any other person from appearing before an inspector or authorized officer or from answering any question to which an inspector or authorized officer may by virtue of subsection (1)(e) require an answer,

commits an offence and is liable to a fine of $5,000 and to imprisonment for 6 months.

60A. (1) Subject to this section, an authorized officer may, on producing, if so required, some duly authenticated document showing his authority, enter any non-domestic premises at any time between the hours of 7 a.m. and 7 p.m. for the purposes of-

(a) ascertaining whether there is, or has been, on the premises, any vessel to which Part IV applies that appears to be or to have been possessed or used in contravention of any of the provisions of this Ordinance; and

(b) taking any action authorized or required to be taken by or under this Ordinance in respect of any such vessel found on the premises.

Powers of authorized officers to enter premises, etc.

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