Page:Product Eco-responsibility Ordinance (Cap. 603).pdf/8

PRODUCT ECO-RESPONSIBILITY ORDINANCE :(a) observe and inspect any activity, operation, process or procedure involving prescribed products;
 * (b) require a person in charge of the place to produce any record or document relating to prescribed products or to any levy or fee imposed under this Ordinance;
 * (c) make copies of any record or document produced under paragraph (b);
 * (d) subject to subsection (4), take such samples of any products as the officer may reasonably require for the purpose of examination and investigation.

(4) If required by the person having the lawful custody of such products, the authorized officer shall pay for—
 * (a) the market price of the samples he proposes to take; or
 * (b) if the market price is unknown or not readily ascertainable, a reasonable price of those samples.

(5) For the avoidance of doubt, a person is not liable for breach of any duty of confidentiality arising from the disclosure of any information that he is required to provide under this Ordinance.

(6) An authorized officer must not disclose any record, document or information produced or provided to him under this section unless he is satisfied that it is necessary to make the disclosure for the purposes of any proceedings under this Ordinance.

(7) In this section, a reference to a person includes a reference to anyone acting for or on behalf of the person.

8. Power of entry and search

(1) Where a warrant has been issued under subsection (2) in respect of a place, an authorized officer may enter and search the place in accordance with this section.

(2) A magistrate may issue a warrant authorizing an authorized officer to enter and search a place only if—
 * (a) the magistrate is satisfied by information on oath that there are reasonable grounds for suspecting that—
 * (i) an offence against this Ordinance has been or is being committed in the place; or
 * (ii) there is in the place anything that constitutes, or is likely to constitute, evidence that an offence against this Ordinance has been or is being committed; and
 * (b) the magistrate is satisfied that—
 * (i) it is not practicable to communicate with a person entitled to grant entry to the place;