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[接上页] (3) If it is made to appear to a magistrate by information on oath 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 any thing 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 such premises. (4) If it is made to appear to a magistrate by information on oath that it is necessary for an authorized officer to enter domestic premises for any of the purposes referred to in subsection (1)(b), the magistrate may issue a warrant authorizing the authorized officer to enter such domestic premises. (5) An authorized officer who enters any 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 issued under subsection (3) or (4), 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. (Enacted 1988) Cap 400 s 26 Offences in relation to section 25 Any person who- (a) wilfully resists, obstructs or delays any public officer in the exercise of any power conferred by section 25 which he is authorized to exercise under section 24; (b) fails without reasonable excuse to comply with any requirement duly made by any public officer in the exercise of any such power; (c) in compliance or purported compliance with any such requirement produces any drawing, record or document which he knows to be incorrect or inaccurate in a material respect or does not believe to be correct or accurate; or (d) wilfully or recklessly gives information which is incorrect in a material respect or withholds information as to any of the matters in respect of which information is required to be given under section 25,commits an offence and is liable to a fine of $50000. (Enacted 1988) Cap 400 s 27 Regulations PART VI MISCELLANEOUS (1) The Secretary may, after consultation with the Advisory Council on the Environment, by regulation- (Amended L.N. 57 of 1994; 2 of 1994 s. 7; 12 of 1996 s. 2) (a) prescribe anything required or permitted to be prescribed under this Ordinance; (b) regulate appeals under Part IV and the practice and procedure of the Appeal Board; (c) generally, provide for the better carrying into effect of the provisions and purposes of this Ordinance.(1A) (Repealed 12 of 1996 s. 2) (2) Any regulation made under subsection (1) relating to the payment of fees may provide for different fees to be charged according to different circumstances. (3) Any regulation made under subsection (1) may provide that a contravention thereof shall be an offence and may provide penalties for such offence not exceeding a fine of $200000. (Amended 2 of 1994 s. 9) (3A) Any regulation made under subsection (1) relating to the control of the emission of noise in respect of motor vehicles intended to be registered under the Road Traffic Ordinance (Cap 374) may for the purposes of such registration- (a) authorize the Authority to confer exemptions from any provision of any regulation so made; (b) provide for the application of vehicle design standards, specifications, descriptions, methods, procedures, requirements or tests laid down in documents, whether or not published or produced in Hong Kong, not forming part of the regulations, relating to the prevention or reduction of the emission of noise including the application of such standards, specifications, descriptions, methods, procedures, requirements or tests in relation to the prohibition or control of the emission of noise from motor vehicles; (c) provide for any matter relating to conformity to standards as stringent as or more stringent than standards laid down in documents of the description mentioned in paragraph (b). (Added 12 of 1996 s. 2)(4) Any regulation made under subsection (1) for the purposes of section 7(1) shall be subject to the approval of the Legislative Council. (Enacted 1988) Cap 400 s 28 Offence to disclose confidential information obtained officially (1) A person who, except in the circumstances provided for in subsection (2), discloses or gives to another person any information that concerns a trade, business or profession, is confidential and has come to his knowledge or into his possession in the course of the discharge of his functions under this Ordinance commits an offence. |