香港法例/HK1309 水污染管制(上訴委員會)規例

" (a) contrary to section 8(1) or (1A), any matter is being or has been discharged or deposited into the waters of Hong Kong or inland waters from those premises or that vessel; or"

" (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. (Amended 67 of 1990 s. 22)"

" (3A) Where an authorized officer or authorized agent has reasonable grounds for believing that it is necessary for the purpose of carrying out any work under section 13A or authorized under the regulations, he may without warrant enter any place or premises on which any inspection, survey or work is to be carried out or through which access is needed for that purpose. (Added 83 of 1993 s. 24)"

(3C) A magistrate may issue a warrant empowering an authorized officer or authorized agent to enter any premises if he is satisfied by information on oath that the entry is required for the purpose of section 13A or for the purposes authorized under the regulations. (Added 83 of 1993 s. 24)

" (a) shall, if so required, produce evidence of his identity and of his authorization by the Authority under this Ordinance; and"

" An authorized officer who has pursuant to section 37 or 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-"

" (ii) 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 communal sewer or communal 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; (Amended 67 of 1990 s. 22)"

" (b) 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 paragraph (a) or to any discharge or deposit to which section 8(1) or (1A) or 9(1) applies or the officer has reason to suspect may apply; (Amended 67 of 1990 s. 22)"

" (ba) if there are reasonable grounds for believing that it is necessary for the purpose of carrying out his duties or for the effective enforcement of this Ordinance, require a person present at the place or premises or by or on board the vessel to produce his identity card for inspection, to give his address and telephone number and to produce evidence to that effect for inspection; (Added 83 of 1993 s. 25)"

" (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) examine and make copies of records kept pursuant to a condition of the kind mentioned in paragraph 9 of the First Schedule;

(e) install sampling devices for and take samples of any matter which is within the description in paragraph (a)(ii) or which he has reason to believe may come within that description. (Amended 83 of 1993 s. 25)

" (1) A certificate of analysis of a sample of any matter may be tendered in evidence in any proceedings under this Ordinance and shall, 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 matter for the purposes of subsection (1) shall-

(c) ensure that the person appearing to be in occupation of the premises 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 handed 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 analyst 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."

" (3) As soon as the analyst has completed the analysis he shall furnish to the Authority and to the person referred to in subsection (2)(c), or his servant or agent, a certificate of the results of the analysis. (Amended 83 of 1993 s. 26)"

" (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; and any certificate purporting to have been signed by the analyst shall be presumed, until the contrary is proved, to have been signed by him."

" (5) In this section ""analyst"" (化驗師) means the Government Chemist or any person appointed by the Governor as an analyst for the purposes of this section."

(6) An appointment by the Governor under subsection (5) shall be notified in the Gazette.

(a) wilfully obstructs an authorized officer in the exercise of any power conferred on such officer by or under section 37 or 38; or