Page:Hazardous Chemicals Control Ordinance (Cap. 595).pdf/17

PART 5
Enforcement Powers, etc.

32. Power to enter non-domestic premises, etc. for routine inspection

(1) For the purposes of ascertaining whether this Ordinance has been or is being complied with, an authorized officer may, at any reasonable time, enter any premises, other than domestic premises, which he reasonably believes is used for manufacturing any scheduled chemical or for facilitating the export, import or use of any such chemical.

(2) After entering any premises under subsection (1), an authorized officer may, at the premises, exercise any or all of the following powers—

(a) to require the production of, inspect and examine—

(i) any thing that is or he reasonably believes to be a scheduled chemical; or

(ii) any thing that contains or he reasonably believes to contain any such chemical, including any thing that he reasonably believes to have any such chemical as its part;

(b) to require the production or provision of, inspect and examine—

(i) any permit or other document to which any scheduled chemical relates, including any document that relates to the origin or nature of such chemical; and

(ii) any other document or information or any other thing that he reasonably believes to be relevant to an offence under section 6, 7, 8 or 9;

(c) to take and make copies of any permit, document and information referred to in paragraph (b);

(d) to take, without payment but subject to the issue of a receipt for it, such sample of any thing as he may reasonably require for the purposes of examination and investigation to determine whether an offence may have been committed under section 6, 7, 8 or 9.

(3) A person commits an offence if he—

(a) without reasonable excuse, fails to comply with a requirement made under subsection (2)(a) or (b); or

(b) wilfully obstructs an authorized officer in the exercise of any power conferred under subsection (1) or (2).

(4) A person who commits an offence under subsection (3) is liable on conviction to a fine at level 3 and to imprisonment for 6 months.