1980 Ed.]

Water Pollution Control

[CAP. 358

27

(a) shall, if so required, produce evidence of his identity and of his authorization by the Authority under section 36; and

(b) shall, if a warrant is under subsection (3) required for

entry, produce that warrant.

38. An authorized officer who has pursuant to section 37 or any warrant issued thereunder, entered any place or premises or boarded any vessel, or who has been admitted to any place, premises or vessel in the course of his duties, may—

(a) inspect any plant or equipment or observe any process or procedure which he has reason to suspect is being, or has been, or is intended to be, used in connexion with-

(i) a discharge or deposit which is being, or has been, made contrary to section 8(1), or 9(1), or is made pursuant to a licence or an exemption conferred by section 15(1);

(ii) the treatment of any matter which is being, or is intended to be, discharged or deposited into the waters of Hong Kong or inland waters or into any public sewer or public drain,

and may require any person in charge of the place, premises or vessel to do anything which the officer reasonably considers to be necessary for facilitating the inspection or observation;

(b) require the person in charge of the place, premises or vessel to produce for examination any drawing, record or document which is in the possession of such person, or which he can reasonably obtain, relating to any plant or equipment referred to in paragraph (a) or to any discharge or deposit to which section 8(1) or 9(1) applies or the officer has reason to suspect may apply;

(c) seize, remove and detain any drawing, record or document referred to in paragraph (b) or any other article or thing if he has reason to suspect that it is, or contains, evidence of an offence under this Ordinance;

(d) examine and make copies of records kept pursuant to a condition of the kind mentioned in paragraph 9 of the First Schedule;

(e) take samples of any matter which is within the description in paragraph (a)(ii) or which he has reason to believe may come within that description.

39. (1) A certificate of analysis of a sample of any matter may be tendered in evidence in any proceedings under this Ordinance and shall, until the contrary is proved, be sufficient evidence of the facts stated therein if the procedure set out in this section has been complied with, or substantially complied with so far as is reasonably practicable, in relation to that sample.

Further powers

of authorized officers.

671905.22.

XCR(85)72

First Schedule.

Analysis of samples.

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