1964_NOISE_CONTROL_ORDINANCE — Page 21

20

CAP. 400]

Noise Control

[1988 Ed.

(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 16(1)(b);

(e) for the purposes of section 16(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 13(1), 13(4), 16(1) or 16(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).

(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 (Cap.177) 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.

Offences in relation to section 25

26. Any person who-

(a) wilfully resists, obstructs or delays any public officer in the exercise of any power conferred by section 25 which he is authorized to exercise under section 24;