Page:Hazardous Chemicals Control Ordinance (Cap. 595).pdf/19

HAZARDOUS CHEMICALS CONTROL ORDINANCE 34. Warrants to be obtained for exercising powers under section 33

(1) A court may issue a warrant in respect of any premises if it is satisfied by information on oath that there are reasonable grounds for believing that—
 * (a) an offence under section 6, 7, 8 or 9 has been or is being committed at the premises; or
 * (b) there is or may be at the premises any thing that is or contains, or is likely to be or contain, evidence of the commission of an offence under section 6, 7, 8 or 9.

(2) A warrant issued under subsection (1) may authorize an authorized officer—
 * (a) to enter, by force if necessary, and search the premises specified in the information; and
 * (b) to take with him such assistants as may be necessary.

(3) A warrant issued under subsection (1) continues in force until the purpose for which the entry is necessary has been satisfied.

35. Production of proof of identity

Before or on exercising a power conferred by this Part, an authorized officer shall produce written evidence as to his identity.

36. Search by same sex

A person may only be searched under section 33(1)(a) by another person of the same sex.

37. Forfeiture of things seized by authorized officers

(1) If an offence is prosecuted under section 6, 7, 8 or 9, the court may, on its own motion or on application, order any scheduled chemical, any thing of which the chemical is a part, or any container used for containing the chemical or thing, which is seized under section 33(1)(e)—
 * (a) to be returned to its owner or the person from whom it was seized; or
 * (b) to be forfeited to the Government.

(2) Where an order is made under subsection (1)(b)—
 * (a) any thing that is forfeited to the Government under the order is to be regarded as the property of the Government and is free from all rights of any other person; and