TNAG-1807-FCO40-2568-Hong-Kong-pollution-control-Noise-Control-Ordinance-1988-(N-1988 — Page 43

C262

Case may be

stated for Court of Appeal

NOISE CONTROL BILL 1988

21. (1) The Appeal Board may, before an appeal under this Part is determined, refer any question of law arising in the appeal to the Court of Appeal for determination by way of case stated.

(2) On the hearing of the case the Court of Appeal may amend the case or order it to be sent back to the Appeal Board for amendment.

Authorized officers

(Cap. 177)

Powers of entry

PART V

ENFORCEMENT

22. (1) The Authority may in writing authorize any public officer to exercise any of the powers conferred on an authorized officer by section 23 as the Authority may specify in the authorization.

(2) A public officer exercising under this section any of the powers conferred by section 23-

(a) may obtain the assistance of such persons as he reasonably requires for the purposes of the discharge of his functions under this Part;

(b) shall, if so required, produce his identity card issued under the Registration of Persons Ordinance, together with his written authorization under this section.

23. (1) Subject to subsection (2), an authorized officer may without and inspection, warrant and on production, if so required, of his written authorization

etc.

under section 22—

(a) enter and search any place if he reasonably believes that

(i) an offence against this Ordinance has been or is being committed in any such place;

(ii) there is in any such place any thing that is or is likely to constitute evidence that an offence against this Ordinance has been or is being committed;

(b) enter any place for the purpose of exercising any power under paragraph (c), (d), (e) or (ƒ) or of serving any notice under section 11(1), 11(4), 14(1) or 14(3);

(c) carry out any measurement, inspection or test as he reasonably believes is necessary in order to determine if an offence against this Ordinance has been or is being committed;

(d) observe and monitor any measurement, inspection or test on any

product required to be carried out under section 14(1)(b);

(e) for the purposes of section 14(2)(e), affix a label to any product

prescribed for the purposes of Part III;

(f) do all that is reasonably necessary to determine whether or not any

notice should be served under section 11(1), 11(4), 14(1) or 14(3). (2) Notwithstanding subsection (1), an authorized officer shall not, save with the consent of the occupier or person in charge of the premises, enter domestic premises without a warrant issued by a magistrate under subsection (3) or (4).