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Chapter: | 578
 | Title: | CHEMICAL WEAPONS (CONVENTION) ORDINANCE | Gazette Number: | L.N. 62 of 2004 |
| Section: | 27 | Heading: | Rights of entry, etc., for purposes of inspection | Version Date: | 18/06/2004 |
(1) If it is proposed to conduct a routine inspection, a challenge inspection or an assistance inspection in Hong Kong¡X
- (a) the Commissioner may issue an authorization under this section in respect of that inspection (except such an authorization in relation to a challenge inspection or an assistance inspection to the extent that the area in which that inspection is to be conducted is domestic premises);
(b) in the case of a challenge inspection or an assistance inspection to the extent that the area in which that inspection is to be conducted is domestic premises, a magistrate may issue an authorization under this section in respect of that inspection if the magistrate is satisfied, by information on oath, that it is reasonably necessary for the domestic premises to be subject to that inspection.
- (a) contain a description of the area (the specified area) in which the inspection is to be conducted;
(b) specify the type of inspection concerned;
(c) state the names of the members of the inspection team by whom the inspection is to be carried out; and
(d) in the case of a challenge inspection, state the name of any observer who may accompany the team.
- (a) to exercise within the specified area such rights of access, entry and unobstructed inspection as are conferred on them by the verification annex; and
(b) to do such other things within that area in connection with the inspection as they are entitled to do by virtue of the verification annex (including things concerning the maintenance, replacement or adjustment of any instrument or other article).
- (a) authorizing one or more than one in-country escort to accompany the inspection team in accordance with the provisions of the verification annex; and
(b) authorizing a member of the Customs and Excise Service or an authorized officer or any other public officer to give such assistance as the in-country escort may request for the purpose of facilitating the conduct of the inspection in accordance with the verification annex,
(5) An authorization under this section in the case of a challenge inspection shall in addition have the effect of authorizing the observer to exercise within the specified area such rights of access and entry as are conferred on him by the verification annex.
(6) Any member of the Customs and Excise Service or authorized officer or other public officer giving assistance in accordance with subsection (4)(b) may use such reasonable force as he considers necessary for the purpose mentioned in that subsection.
(7) The occupier of any premises or place¡X
- (a) in relation to which it is proposed to exercise a right of entry in reliance on an authorization under this section; or
(b) on which an inspection is being carried out in reliance on such an authorization,
(8) The validity of any authorization purporting to be issued under this section in respect of any inspection shall not be called in question before any court at any time before the conclusion of that inspection.
(9) Accordingly, where an authorization purports to be issued under this section in respect of any inspection, no proceedings (of whatever nature) shall be brought at any time before the conclusion of the inspection if they would, if successful, have the effect of preventing, delaying or otherwise affecting the carrying out of the inspection.
(10) If in any proceedings any question arises whether a person at any time was or was not, in relation to any routine, challenge or assistance inspection, a member of the inspection team or a member of the in-country escort or the observer, a certificate issued by or under the authority of the Commissioner stating any fact relating to that question shall be conclusive evidence of that fact.
(11) If an authorization is issued under this section the Commissioner or, in the case of an authorization issued under subsection (1)(b), a magistrate, may issue an amendment varying the specified area, and¡X
- (a) from the time when the amendment is expressed to take effect this section shall apply as if the specified area were the area as varied;
(b) subsection (8) shall apply to the amendment as it applies to the authorization;
(c) the Commissioner or magistrate, as the case may be, may issue further amendments varying the specified area and in such a case paragraphs (a) and (b) shall apply accordingly.
[cf. 1996 c. 6 s. 25 U.K.]