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CAP. 358]
Water Pollution Control
[1980 Ed.
Powers of authorized
officers to enter premises etc.
67/965-22
a communal
(a) the powers in section 38(b) and (c), an officer of or above the rank of Pollution Control Officer; Environmental Protection officer (b) any other power conferred by section 37 or 38 on an authorized officer, an officer of or above the rank of Assistant Pollution Control Inspector. Environmental Protection Assistant
(3) An authorized officer exercising any power in section 37 or 38 may take with him such persons as he reasonably requires to assist him in the discharge of his duties.
37. (1) Subject to subsection (2), an authorized officer may, for the purposes of this Ordinance, without a warrant enter any place or premises or stop and board any vessel-
(a) from or on which he has reason to suspect that, in contravention of section 8(1), matter has been or is being discharged or deposited into the waters of Hong Kong or inland waters, or, in contravention of section 9(1), matter has been or is being discharged or deposited into any public sewer or public drain;
671405-22.(b) from or on which matter is being discharged or deposited as mentioned in paragraph (a) pursuant to a licence or an exemption conferred by section 15(1), whether or not there is a suspected contravention of section 8 or 9;
(c) on which he has reason to believe there is anything likely to be, or to contain, evidence of an offence against this Ordinance.
(2) An authorized officer shall not under subsection (1) enter domestic premises (other than that part of such premises on which there is a private sewage treatment plant) or board any vessel used wholly or principally for dwelling purposes without a warrant issued by a magistrate under subsection (3).
(3) A magistrate may issue a warrant empowering any authorized officer to enter domestic premises or to board any vessel used wholly or principally for dwelling purposes if the magistrate is satisfied by information on oath that there is reasonable ground for suspecting that-
(a) contrary to section 8(1), any matter is being or has been discharged or deposited into the waters of Hong Kong or inland waters from those premises or that vessel; or
(b) contrary to section 9(1), any matter is being or has been discharged or deposited from those premises or that vessel into any public sewer or public drain;
(c) there is on those premises or on that vessel anything likely to be, or to contain, evidence of an offence against this Ordinance.
(4) An authorized officer who enters any place or premises or boards any vessel-