36
CAP. 313]
Shipping and Port Control
[1986 Ed.
(2) A magistrate may, if satisfied by information on oath that--
(a) admission to any non-domestic premises has been refused or that refusal is apprehended, or that such premises are unoccupied, or that the occupier is temporarily absent, or that the case is one of urgency, or that an application for admission would defeat the object of the entry, or that it is reasonable for the purposes of this Ordinance in the circumstances of the case that entry be effected between the hours of 7 p.m. and 7 a.m.; and
(b) there is reasonable ground for entry into the premises for
any of the purposes of subsection (1),
issue a warrant authorizing an authorized officer to effect entry, if need be by force:
Provided that such warrant shall not be issued unless the magistrate is satisfied that notice of the intention to apply for a warrant has been given to the occupier of the premises, or that the premises are unoccupied, or that the occupier is temporarily absent, or that the case is one of urgency, or that the giving of such notice would defeat the object of the entry, or that it is reasonable for the purposes of this Ordinance in the circumstances of the case that entry be effected between the hours of 7 p.m. and 7 a.m., as may be appropriate.
(3) A magistrate may, if satisfied by information on oath that there is reasonable ground for entry into domestic premises for any of the purposes of subsection (1), issue a warrant authorizing an authorized officer to effect entry between the hours of 7 a.m. and 7 p.m., if need be by force:
Provided that such warrant shall not be issued unless the magistrate is satisfied that notice of the intention to apply for a warrant has been given to the occupier of the premises, or that the premises are unoccupied, or that the occupier is temporarily absent, or that the case is one of urgency, or that the giving of such notice would defeat the object of the entry.
(4) Any authorized officer entering any premises by virtue of the provisions of subsection (1) or of a warrant issued under subsection (2) or (3) may take with him such persons as may be necessary, and on leaving any unoccupied premises which he has so entered, shall leave such premises as effectually secured against trespassers as he found the same to be at the time of entry.
(5) Every warrant issued under subsection (2) or (3) shall continue in force until the purpose for which the entry is necessary has been satisfied.
(6) For the purposes of this section-
“domestic premises” means any premises used wholly or mainly for residential purposes and constituting a separate household unit; and