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Chapter: | 295
 | Title: | DANGEROUS GOODS ORDINANCE | Gazette Number: | L.N. 104 of 2004 |
| Section: | 12 | Heading: | Power of entry, etc. | Version Date: | 01/07/2004 |
(1) Any police officer not below the rank of inspector, and any officer of the Fire Services Department not below the rank of station officer and any officer of the Mines Division, Civil Engineering and Development Department not below the rank of explosives officer I and any other officer of the Mines Division, Civil Engineering and Development Department, not below the rank of explosives officer II, authorized in writing by the Commissioner of Mines, and any member of the Customs and Excise Service, as defined in the Customs and Excise Service Ordinance (Cap 342), may- (Replaced L.N. 27 of 1991. Amended L.N. 364 of 1991; L.N. 104 of 2004)
(a) enter, inspect and examine any place or building in which dangerous goods are manufactured, stored or used and every part thereof, at all times by day and by night, but so as not unnecessarily to impede or obstruct the work in such place or building, and may make inquiries as to the observance of this Ordinance and all matters and things relating to the safety of the public or of the persons employed in or about such place or building;
(b) require the occupier of any place or building which he is entitled under this section to enter, or a person employed by such occupier therein, to give him samples of any substance therein;
(c) enter and search any place or building in which such officer may have reasonable grounds for suspecting that there may be anything which, under paragraph (e), is liable to seizure;
(d) stop, board and search any vessel, vehicle or aircraft in which such officer or member may have reasonable grounds for suspecting that there may be anything which, under paragraph (e), is liable to seizure; and
(e) seize, remove and detain-
(i) anything with respect to which such officer or member may have reasonable grounds for suspecting that any offence against this Ordinance has been committed; or
(ii) any other thing, which may appear to such officer or member likely to be, or to contain, evidence of any such offence.
(2) Any such officer or member may-
(a) break open any outer or inner door of any place or building which he is empowered to enter and search;
(b) forcibly enter any vessel, vehicle or aircraft which he is empowered to stop, board and search and every part thereof;
(c) remove by force any material obstruction to, or any persons obstructing any arrest, detention, search, inspection, seizure or removal which he is empowered to make;
(d) detain any person found in any place or building which he is empowered to enter and search until such place or building has been searched; and
(e) detain any vessel, vehicle or aircraft which he is empowered to stop, board and search and any person on board such vessel or vehicle and prevent any person from approaching or boarding such vessel or vehicle until such vessel or vehicle has been searched.
(3) Without prejudice to any power of entry or search conferred by any other enactment, no officer or member referred to in subsection (1) shall enter or search any part of any premises used solely for dwelling purposes except-
(a) by virtue of a warrant issued by a magistrate, where such magistrate is satisfied by information on oath that there is reasonable ground for suspecting that an offence against this Ordinance has been, is being or is about to be committed in such part of the premises or there is in such part of the premises anything likely to be or to contain evidence of such offence; or
(b) without warrant, where such officer or member is of opinion having regard to the circumstances that the purpose of the entry or the search would be defeated by application for such warrant. (Replaced 8 of 1959 s. 6)
(Amended 25 of 1973 s. 3)