【法规名称】
【法规编号】 79140 什么是编号？
【正 文】
第6页 CAP 466 DUMPING AT SEA ORDINANCE
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[接上页] (Enacted 1995) Cap 466 s 16 Magistrate's warrant required to enter dwelling (1) An authorized officer shall not enter, for the purpose of enforcing this Ordinance, premises used only as a dwelling except under the authority of a warrant issued by a magistrate. (2) A magistrate may only issue a warrant if, on an application made by an authorized officer, he is satisfied- (a) that an authorized officer has reasonable grounds to believe that evidence relating to an offence under this Ordinance is present in the dwelling; and (b) that- (i) it is not practicable to communicate with a person entitled to grant entry to the dwelling; (ii) a person entitled to grant entry to the dwelling has unreasonably refused an authorized officer entry; (iii) entry to the dwelling is unlikely to be granted unless a warrant is produced; or (iv) the purpose of entry could be prejudiced unless an authorized officer arriving at the dwelling can secure immediate entry to it. (Enacted 1995) Cap 466 s 17 Persons assisting an authorized officer (1) An authorized officer may take with him, to assist him in performing his functions- (a) another person; and (b) equipment or materials.(2) A person who assists an authorized officer may perform the authorized officer's functions, but only under the authorized officer's supervision. (Enacted 1995) Cap 466 s 18 Power of authorized officer under Ordinance (1) Without limiting the powers of an authorized officer, an authorized officer may- (a) open a container; (b) carry out searches, inspections, measurements and tests; (c) take samples; (d) require the production of documents, books and records; and (e) photograph or copy anything,in performing his duties under this Ordinance. (2) An authorized officer shall do everything reasonably necessary to determine whether a marine pollution abatement notice is to be served. (Enacted 1995) Cap 466 s 19 Evidence of authorized officers' authority (1) The Authority shall issue an authorized officer with a certificate of his authorization. (2) When an authorized officer performs a function under this Ordinance, he shall, if requested- (a) produce the certificate; (b) state- (i) his name; (ii) the function that he proposes to perform; and (iii) the grounds for proposing to perform it. (Enacted 1995) Cap 466 s 20 Time of performance of functions An authorized officer shall perform his functions under this Ordinance at a reasonable hour unless he believes that the purpose of their performance could be frustrated if he performs them at a reasonable hour. (Enacted 1995) Cap 466 s 21 Power of authorized officer to use reasonable force An authorized officer may use reasonable force, if necessary, in the performance of his functions. (Enacted 1995) Cap 466 s 22 Protection of authorized officers (1) An authorized officer is not liable in civil or criminal proceedings for anything he does, or omits to do, in the purported performance of his functions under this Ordinance if the court is satisfied that it was done, or omitted, in good faith. (2) The protection conferred on public officers by subsection (1) for an act or omission does not affect any liability of the Government for the act or omission. (Enacted 1995) Cap 466 s 23 Power to take remedial action PART VII ENFORCEMENT (1) Where the Authority is satisfied that dumping or incineration at sea has been done otherwise than under and in accordance with a permit, the Authority may do anything reasonably necessary to protect the marine environment, the living resources which it supports and human health, and to prevent interference with other legitimate uses of the sea. (2) If the Authority acts under subsection (1), he is entitled to recover the expenses reasonably incurred by him in carrying out his actions from a person who has been convicted of an offence in consequence of the act or omission which made it appear to the Authority to be necessary or expedient to carry out the actions. (Enacted 1995) Cap 466 s 24 Power to test, etc. Remarks: Adaptation amendments retroactively made - see 34 of 2000 s. 3 (1) The Authority may- (a) test to ascertain the probable effect of a substance, article, vessel, aircraft or marine structure that is permitted to be dumped, scuttled or incinerated, on the marine environment and the living resources which it supports; (b) analyse or have tested and analysed a substance, article, vessel, aircraft or marine structure that is permitted to be dumped, scuttled or incinerated; and (c) require a person who applies for or holds a permit or on whom a marine pollution abatement notice is given to test and analyse relevant substances, articles, vessels, aircraft and marine structures.(2) If, at the request of a person, the Authority carries out a test under subsection (1)(a), he is entitled to recover any expenses reasonably incurred from the person who requested the test. (3) A certificate of analysis of a sample of a substance or article or other material obtained from any place, premises, aircraft, vehicle, vessel or marine structure may be tendered in evidence in proceedings and is evidence of the facts stated in the certificate if this section has been complied with, or substantially complied with. |
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