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[接上页] (8) If any person- (a) on being duly summoned as a witness before the Appeal Board makes default in attending; or (b) being in attendance as a witness refuses to take an oath legally required by the Appeal Board to be taken, or to produce any document in his power or control legally required by the Appeal Board to be produced by him, or to answer any question to which the Appeal Board may legally require an answer; or (c) does any other thing which would, if the Appeal Board had been a court of law having power to commit for contempt, have been contempt of that court,the Chairman may certify the contempt of that person under his hand to the Court of First Instance and the Court of First Instance may thereupon inquire into the alleged contempt and after hearing any witnesses who may be produced against or on behalf of the person charged with the contempt and after hearing any statement that may be offered in defence, punish or take steps for the punishment of that person in like manner as if he had been guilty of contempt of the court. (Amended 25 of 1998 s. 2) (9) A witness before the Appeal Board shall be entitled to the same immunities and privileges as if he were a witness in civil proceedings before the Court of First Instance. (Amended 25 of 1998 s. 2) (10) Any sum awarded under subsection (6)(e) shall be enforceable as a civil debt and any sum payable by the Authority under such an award shall be charged on the general revenue. (11) The Chairman may determine any form or matter of practice or procedure for which no provision is made in this Ordinance. (Enacted 1988) Cap 400 s 22 Supplementary provisions (1) If the Chairman is precluded by illness, absence from Hong Kong or any other cause from exercising his functions, the Governor may appoint any person qualified for appointment as a District Judge under section 5 of the District Court Ordinance (Cap 336) to act as Chairman and as such to exercise and perform all the functions of the Chairman during the period of his appointment. (2) If a person appointed by the Chairman under section 21 (1) to hear an appeal under this Part is precluded by illness, absence from Hong Kong or any other cause from exercising his functions, the Chairman may appoint any other person from the panel referred to in section 20(4) to act in his place. (3) The hearing of an appeal may be continued notwithstanding a change in the membership of the Appeal Board. (Enacted 1988) Cap 400 s 23 Case may be stated for Court of Appeal (1) The Appeal Board may, before an appeal under this Part is determined, refer any 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. (Enacted 1988) Cap 400 s 24 Authorized officers PART V ENFORCEMENT (1) The Authority may in writing authorize any public officer to exercise any of the powers conferred on an authorized officer by section 25 as the Authority may specify in the authorization. (2) A public officer exercising under this section any of the powers conferred by section 25- (a) may obtain the assistance of such persons as he reasonably requires for the purposes of the discharge of his functions under this Part; (b) shall, if so required, produce his identity card issued under the Registration of Persons Ordinance (Cap 177), together with his written authorization under this section. (Enacted 1988) Cap 400 s 25 Powers of entry and inspection, etc. (1) Subject to subsection (2), an authorized officer may without warrant and on production, if so required, of his written authorization under section 24- (a) enter and search any place if he reasonably believes that- (i) an offence against this Ordinance has been or is being committed in any such place; (ii) there is in any such place any thing that is or is likely to constitute evidence that an offence against this Ordinance has been or is being committed;(b) enter any place for the purpose of exercising any power under paragraph (c), (d), (e) or (f) or of serving any notice under section 13(1), 13(4), 16(1) or 16(3); (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). |