Powers of occupational safety officers who have entered premises
(1) An occupational safety officer who has entered premises under section 22 may do all or any of the following-
(a) seize any article that the officer reasonably believes to be evidence of a contravention of this Ordinance;
(b) conduct tests or examinations of any plant or substance found on the premises;
(c) conduct tests to determine the atmospheric or other physical condition of the environment of the premises;
(d) if the officer reasonably believes that any substance found on the premises could prejudice the safety or health of employees who work on the premises, take samples of the substance for analysis;
(e) take photographs of the premises or of any plant or substance found on the premises;
(f) if the officer is a medical practitioner, carry out a medical examination of a person (but only with the person's consent);
(g) require the occupier of the premises or any person who is apparently an employee or agent of that occupier to provide the officer with such assistance and facilities as is or are reasonably necessary to enable the officer to exercise or perform the officer's functions;
(h) require any person found on the premises to produce for inspection the person's identity card if the officer reasonably suspects that the person has committed an offence against this Ordinance or is able to provide evidence of the commission of such an offence;
(i) require any person on the premises to produce for inspection records under the control of the person relating to the safety or health of employees employed at the premises and, if any such records are not in the English or Chinese language, to produce a statement in writing in English or Chinese setting out the contents of those records;
(j) make copies of all or any part of any such records or statements.
(2) An occupational safety officer who proposes to take a sample of a substance that is capable of being easily divided into parts must tell the occupier of the premises concerned or, if that occupier is not available, the person apparently in charge of those premises that that occupier or person is entitled to request the sample to be divided in accordance with subsection (3).
(3) If such a request is made to an occupational safety officer, the officer must-
(a) divide the sample into 3 more or less equal parts; and
(b) give one part of the sample to the person by whom or on whose behalf the request was made; and
(c) submit another part to a public analyst for analysis; and
(d) retain the third part for future comparison.
(4) In legal proceedings arising under this Ordinance, a certificate, purporting to be signed by or with the authority of the public analyst by whom or under whose supervision a sample submitted for analysis under this section was analysed and stating the results of the analysis, is admissible in evidence in those proceedings.
(5) A person who, for commercial purposes, uses the results of an analysis of a part of a sample submitted for analysis under this section commits an offence and is liable on conviction to a fine at level 3.
(6) An occupational safety officer may-
(a) in order to make copies of records or statements produced in accordance with this section, take away and retain them for such period as may be reasonably necessary; and
(b) if the officer reasonably believes that the records or statements are evidence of an offence against this Ordinance, take away and retain them until proceedings for the offence have been heard and finally determined.
(7) Before taking away records or statements, an occupational safety officer must tender a receipt to the person from whose custody they are taken. The officer must give that person, or any person authorized by that person, access to the documents during the Labour Department's ordinary hours of business.