Power of authorbbed
Ailete la eator premol
*
Further
POWER of buthorized officers.
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(2) The Authority shall under subsection (1), authorize only a public officer of or above the rank specified to exercise the following power-
(a) the powers in section 38(5) and (c), an officer of or above the
mok of Pollution Control Officer;
(6) 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,
(3) An authorized officer exercising any power in section 37 or 38 may take with him such persons as be 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), marter has been or is being discharged or de- posited into the waters of Hong Kong or inland waters, or, in contravention of section 9(1), matter has been or is being dis- charged or deposited into any public sewer or public drain; (b) from or on which matter is being discharged or deposited as mentioned in paragraph (2) 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 any thing 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 privato sewage treatmeal plant) or board any vessel used wholly or principally for dwelling purposes without a warram 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 dis- charged or deposited into the waters of Hong Kong or inland waters from those premises or that vessel; or
(6) contrary to section 9(1), any matter is being or has been dis- charged 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 any thing likely to be, or to contain, evidence of an offence against this Ordinance.
(4) An authorized officer who enters any place or premises ar boards any vessel-
(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 of 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-
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or
(a) aspect any plant or equipment or observe any process
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 1501)
(i) 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;
(8) 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 par- graph (a) or to any discharge or deposit to which section" 8(1) or 91) 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) cxamine and make copies of records kept pursuant to a condition of the kind mentioned in paragraph 9 of the First Schedule:
(2) take samples of any matter which is within the description in paragraph (<Mii) or which he has reason to believe may come within that description.
Finl Scbedak.
39. (1) A certificate of analysis of a sample of any matter may be Analysis of Lendered in evidence in any proceedings under this Ordinance and shall, «mplea. 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.
(2) An authorized officer who takes a sample of any maiter for the purposes of subsection (1) shall-
(a) divide it into 3 approximately equal parts;
(b) place each part in a separate container and suitably mark or
label each container;
(c) ensure that the person appearing to be in occupation of the
premisca on which the sample was taken or his servant or agent-
(i) is handed such one of the parts as that person or his servant or agent may select or, if that is not reasonably practicable, is banded or sent by registered post such one of the parts as the officer shall select; and
(ii) is informed that one of the other 2 parts is intended to be submitted to the scalyst for analysis;
(d) except where an analysis proves to be unnecessary, personally submit one of the remaining 2 parts to the analyst for analysis and retain the other for the purposes of comparison.
() As soon as the analyst has completed the analysis be shall furnish to the relevant Authority and to the person referred to in subsection (2)(c),
er his servant or agent, a certificate of the results of the analysis.
(4) A certificate under subsection (3) shall be signed by the analyst but the analysis may be made by a person acting under his directions;
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