【法规名称】
【法规编号】 79130 什么是编号？
【正 文】
第8页 CAP 499 ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
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[接上页] Cap 499 s 21 Case may be stated for Court of Appeal (1) The Appeal Board may, before an appeal under this Part is determined, refer a 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 having regard to the opinion of the Court of Appeal. Cap 499 s 22 Authorized officers PART VII ENFORCEMENT (1) The Director may in writing authorize a public officer to exercise the powers conferred on an authorized officer under this Part as the Director may specify in the authorization. (2) A public officer exercising a power under this Part- (a) may obtain the assistance of persons he reasonably requires for the purposes of the discharge of his functions; (b) shall, if required, produce his identity card issued under the Registration of Persons Ordinance (Cap 177), together with his written authorization under this section. Cap 499 s 23 Powers of entry and inspection, etc. (1) An authorized officer may without warrant and on production, if required, of his written authorization under this Part- (a) enter and search a place if he reasonably believes that- (i) an offence against this Ordinance has been or is being committed in the place; (ii) there is in the place anything that is or is likely to constitute evidence that an offence against this Ordinance has been or is being committed;(b) enter a place to serve a notice under this Ordinance; (c) enter a place to measure, inspect, take samples and test as he reasonably believes is necessary to determine if an offence against this Ordinance has been or is being committed.(2) An authorized officer shall not, except 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 a magistrate informed on oath is satisfied 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 anything 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 the premises. (4) If a magistrate informed on oath is satisfied that there is reason to believe that it is necessary for an authorized officer to enter domestic premises to serve a notice or to measure, inspect, take samples or test as the authorized officer reasonably believes is necessary to determine if an offence against this Ordinance has been or is being committed, the magistrate may issue a warrant authorizing the authorized officer to enter the domestic premises. (5) An authorized officer who enters a 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, 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. Cap 499 s 24 Cessation order (1) The Director may, with the consent of the Secretary, issue an order requiring persons working on a designated project to cease working on the project until the order is withdrawn, if- (a) an environmental permit has not been issued for the project being undertaken; (b) an environmental permit has been withdrawn from the project being undertaken; or (c) there has been a breach of the conditions of an environmental permit issued for the project being undertaken, resulting in environmental damage.(2) The Director may, with the consent of the Secretary, issue an order requiring persons working on a designated project to carry out work on the project to remedy environmental damage identified by the Director. (3) The Director may, with the consent of the Secretary, after issuing an order to cease working on a designated project, take direct action to remedy environmental damage identified by the Director and may recover the costs of the remedial work from the owner of, or the operator or the contractor on, the site of the designated project. Cap 499 s 25 Recovery of costs (1) The Director may certify the costs due and names of the persons liable for the costs, apportioning the costs if appropriate, if he is authorized to recover the costs of works carried out under this Ordinance. (2) Without limiting the general meaning of "costs" (费用), the costs may include supervision charges and the costs of materials supplied by the Director for the purpose of carrying out the works. |
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