Gas Safety Ordinance

(1)
Subject to this section, an authorized officer
may—
(a)
enter, inspect and examine any place or premises in which any gas is manufactured, stored, supplied or used and every part of such place or premises, at all times by day and by night, but so as not unnecessarily to impede or obstruct the work in such place or premises, and may make inquiries as to the observance of any requirements under this Ordinance and all matters and things relating to the safety of members of the public or of the persons employed in or about such place or premises;
(b)
require the responsible person for any place or premises which he is entitled under this section to enter, or a person employed in such place or premises by the responsible person, to give him samples of any substance in such place or premises;
(c)
enter and search any place or premises in which he has reasonable grounds for suspecting that there may be anything which is liable to seizure under paragraph (e);
(d)
stop, board and search any ship, vehicle or aircraft in which he has reasonable grounds for suspecting that there may be anything which is liable to seizure under paragraph (e);
(Amended
3 of 1996 s. 4
)
(e)
seize, remove and
detain—
(i)
anything in respect of which he has reasonable grounds for suspecting that any offence against this Ordinance has been committed; or
(ii)
any other thing which appears to him likely to be, or to contain, evidence of any such offence; and
(Amended
3 of 1996 s. 4
)
(f)
enter upon the site of and inspect any works in the vicinity of a gas pipe.
(Added
3 of 1996 s. 4
)
(2)
An authorized officer
may—
(a)
break open any outer or inner door of any place or premises which he is empowered to enter and search;
(b)
forcibly enter any ship, 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 person obstructing any arrest, detention, entry, search, inspection, seizure or removal which he is empowered to make;
(d)
detain any person found in any place or premises which he is empowered to enter and search until such place or premises have been searched; and
(e)
detain any ship, 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 authorized officer shall enter or search any domestic premises
except—
(a)
by virtue of a warrant issued by a magistrate, where the 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 premises or there is in such premises anything likely to be or to contain evidence of such offence; or
(b)
without warrant, where the authorized officer is of the opinion, having regard to the circumstances of the case, that the matter to which the entry or the search relates is an imminent danger to any person or property.
(4)
An authorized officer may exercise any of his powers under this section with the assistance of such other persons as he thinks fit.
(5)
For the purposes of this section,
authorized
                        officer
(
特准人員
)
means—
(a)
an inspector; or
(b)
a police officer not below the rank of inspector in the Hong Kong Police Force.
(Amended
L.N. 362 of 1997
)