TNAG-1807-FCO40-2568-Hong-Kong-pollution-control-Noise-Control-Ordinance-1988-(N-1988 — Page 45

C264

(Cap. 177)

Offences in relation to section 23

NOISE CONTROL BILL 1988

(3) If it is made to appear to a magistrate by information on oath that there is reason to believe that—

(a) an offence against this Ordinance has been or is being committed

on domestic premises; or

(b) there is on domestic premises any thing that is or is likely to constitute evidence that an offence against this Ordinance has been or is being committed,

the magistrate may issue a warrant authorizing an authorized officer to enter and search such premises.

(4) If it is made to appear to a magistrate by information on oath that it is necessary for an authorized officer to enter domestic premises for any of the purposes referred to in subsection (1)(b), the magistrate may issue a warrant authorizing the authorized officer to enter such domestic premises.

(5) An authorized officer who enters any place under subsection (1), (3) or (4) may require any person present at that place

(a) to give details of his identity, name and address and produce his identity card issued under the Registration of Persons Ordinance for inspection by the authorized officer; or

(b) who appears at the time to be responsible for or in charge of that place, to give such information or render such assistance as may be necessary to enable the authorized officer to carry out his functions under this Part.

(6) An authorized officer who enters any place under this section shall, if entry is by warrant issued under subsection (3) or (4), produce that

warrant.

(7) A warrant issued under subsection (3) or (4) shall continue in force until the purpose for which the entry is necessary has been satisfied.

24. Any person who

(a)

wilfully resists, obstructs or delays any public officer in the exercise of any power conferred by section 23 which he is authorized to exercise under section 22;

(b) fails without reasonable excuse to comply with any requirement duly made by any public officer in the exercise of any such power;

(c) in compliance or purported compliance with any such requirement produces any drawing, record or document which he knows to be incorrect or inaccurate in a material respect or does not believe to be correct or accurate; or

(d) wilfully or recklessly gives information which is incorrect in a material respect or withholds information as to any of the matters in respect of which information is required to be given under section 23,

commits an offence and is liable to a fine of $50,000.

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