1960-HKRS29-8-27_Part03 — Page 22

General powers of cory.

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authority may, in its discretion, suspend the operation of the decision in respect of which such application or appeal is made. (10) If any person is dissatisfied with the determination of the licensing authority upon review under the provisions of subsection (9), he may, within fourteen days after notification by the licensing authority of such determination, appeal to the Governor in Council by way of petition, and the decision of the Governor in Council shall be final.

(ID) No registration, licence or permit granted under the provision of this Ordinance shall be taken to exempt or excuse any person from compliance with any of the provisions of any other enactment,

126. (1) Subject to the provisions of this section, any public officer authorized in writing by a public officer or public body (referred to in this section as the authorizing authority) shall, on producing, if so required, some duly authenticated document showing his authority, have a right to enter any premises, vehicle, vessel or aircraft at any time between the hours of 7 a.m. and 7 p.m., and, in the case of any workplace or any premises or vessel used for business purposes, at any time during which work or business is carried on-

(a) for the purpose of ascertaining whether there is, or has bean. on or in connexion with the premises, vehicle, vessel or air. craft any contravention of the provisions of this Ordinance, being provisions which it is the duty of the authorizing authority to enforce;

(b) for the purpose of ascertaining whether or not circumstance! exist which would authorize or require the authorizing authority to take any action, or execute any work, under the provisions of this Ordinance, and for this purpose, such officer may take and carry away samples of any article or thing, including water, found there;

(c) for the purpose of taking any action, or executing any work. authorized or required by the provisions of this Ordinance to be taken or executed by the authorizing authority: (d) for the purposes of carrying out any tests the carrying out of

which is authorized under the provisions of this Ordinance: (e) generally, for the purpose of the performance by the author izing authority of bis or its functions under the provisions of this Ordinance:

Provided that admission to any premises or vessel, not being premises or a vessel used for business purposes or as a workplace. shall not be demanded as of right unless not less than two hours* notice in writing of the intended entry has been given to the occupier of such premises or the person in charge of such vessel, or, in the absence of such person, posted in some conspicuous place on such premises at vessel, as the case may be.

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(2) If it is shown to the satisfaction of a magistrate or justiça of the peace on swom information in writing-

(a) that admission to any premises or vessel has been refused or that refusal is apprehended, or that such premises are unoccupied or such vessel unattended, as the case may be, or that the occupier or attendant is temporarily absent, or that the case is one of urgency, or that an application for admission would defeat the object of the catry, or that it is reasonable for the purposes of this Ordinance in the circum- stances of the case that entry be effected between the hours of 7 p.m. and 7 a.m.; and

(6) that there is reasonable ground for entry into the premises

or vessel for any such purpose as aforesaid,

the magistrate or justice of the peace may by warrant in the form of Form D prescribed in the Seventh Schedule authorize any public officer Seventh authorized in that behalf by the public officer or public body for whose Schedule. purposes such entry is necessary to effect entry, if need be by force:

Provided that such warrant shall not be issued unless the magistrate or justice of the peace is satisfied either that notice of the intention to apply for a warrant has been given to the occupier of the premises or to the person in charge of the vessel, as the case may be, or that the premises are unoccupied or the vessel unattended, or that the occupier or attendant 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 circum- stances of the case that entry be effected between the hours of 7 p.. and 7 a.m.

(3) Any public officer entering any premises or vessel by virtue of the provisions of subsection (1) or of a warrant issued under sub- section (2) may take with him such persons as may be necessary, and, on leaving any unoccupied premises or any unattended vessel which he has entered by virtue of such provisions or such warrant, shall leave soch premises or vessel as effectually secured against trespassers as he found the same to be at the time of entry.

(4) Every warrant granted under the provisions of subsection (2) shall continue in force until the purpose for which the entry is necessary has been satisfied.

abatement of

127. (1) The Authority, if satisfied of the existence of a nuisance Provisions to which this section applies, may cause a notice in the form of Form E for securing specified in the Seventh Schedule (referred to in this section as a auisances "Quisance notice") to be served on the person by reason of whose which may act, default or sufferance the muisance arose or continues, or, if that be dealt with

summarily. person cannot be found, on the occupier or owner of the premises or

Seventh vessel on which the nuisance exists, requiring him to abate the nuisance schedule,