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Power of entry into premises.

CAP. 102]

Waterworks

[1974 Ed.

12. (1) Subject to subsection (2), the Water Authority, and any person authorized by him in writing, may enter at any reasonable time, or in case of urgency at any time, any premises to-

(a) ascertain consumption;

(b) restrict or suspend a supply under section 9;

(c) disconnect a fire service or inside service under section 10 or 19(2);

(d) ascertain whether there is in respect of a fire service or inside service on the premises any contravention of this Ordinance;

(e) install, inspect, test, regulate, alter, repair or remove any part of the waterworks or any fire service or inside service therein.

(2) Except in case of urgency, neither the Water Authority nor a person authorized by him may enter any premises under subsection (1) unless he-

(a) first obtains the consent of the occupier of such premises; or

(b) first obtains a warrant under subsection (3).

(3) If it is shown to the satisfaction of a magistrate or justice of the peace on sworn information in writing that-

(a) admission to any premises has been refused, or refusal is apprehended, or the premises are unoccupied, or the occupier is temporarily absent, or an application for admission would defeat the object of the entry;

(b) there is reasonable ground for entry into the premises for any purpose specified in subsection (1); and

(c) notice of the intention to apply for the warrant has been served on the occupier of the premises, or such notice cannot be served because the premises are unoccupied or the occupier is temporarily absent, or the serving of such notice would defeat the object of the entry,

the magistrate or justice of the peace may by warrant authorize the Water Authority, or any person authorized by the Water Authority in writing, to enter the premises, if need be by force.

(4) The Water Authority, or any person authorized by him, entering any premises under this section may take with him such persons as may be necessary, and on leaving any unoccupied premises which he has entered shall leave them as effectually secured against trespassers as he found them to be at the time of entry.

(5) Every warrant issued under subsection (3) shall continue in force until the purpose for which the entry is necessary has been satisfied.

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