Landlord and Tenant (Consolidation) Ordinance

(1)
If the
Commissioner—
(a)
fails to obtain the occupier’s consent for; or
(b)
is otherwise frustrated or obstructed in,
entering any premises for the purposes mentioned in
section
                    120AAZX
, the Commissioner may apply to a magistrate for a warrant to enter
                the premises for those purposes.
(2)
The Commissioner may, with a warrant issued under subsection (3), enter (by the
                use of reasonable force if necessary) the premises and exercise any of the powers
                specified in
section 120AAZZ(1)
and (2) (each a
specified
                    power
).
(3)
A magistrate may issue a warrant authorizing the Commissioner to enter the
                premises and exercise a specified power
if—
(a)
the magistrate is satisfied by information on oath that there are reasonable
                    grounds to suspect
that—
(i)
the Commissioner’s determination of the primary user of the premises
                        after an inspection is likely to affect a person’s interest in the
                        premises;
(ii)
an offence under this Part (
contravention
) is being, or
                        has been, committed in relation to the premises; or
(iii)
there is on the premises anything that constitutes, or is likely to
                        constitute, evidence that a contravention is being, or has been, committed
                        in relation to the premises; and
(b)
the magistrate is also satisfied
that—
(i)
it is not practicable to communicate with a person entitled to grant
                        entry to the premises;
(ii)
such a person has unreasonably refused entry to the premises by the
                        Commissioner;
(iii)
the Commissioner apprehends on reasonable grounds that entry to the
                        premises is unlikely to be granted unless a warrant is issued; or
(iv)
the purpose of entry to the premises would be frustrated unless the
                        Commissioner arriving at the premises can secure immediate entry.
(4)
A warrant issued under subsection (3) must
specify—
(a)
the premises to be entered;
(b)
the purpose of the entry;
(c)
the name and capacity of the person authorized to enter the premises;
                    and
(d)
the date of issue of the warrant.
(5)
A person entering the premises with a warrant issued under subsection (3) must,
                if requested, produce the warrant for inspection.
(6)
A warrant issued under subsection (3) must be executed at a reasonable hour
                unless the Commissioner believes that to execute it at a reasonable hour could
                frustrate the purpose of the execution.
(7)
When entering any premises under this section, the Commissioner may be
                accompanied by any person that the Commissioner considers necessary for the purpose
                of entering the premises.
(8)
Unless otherwise specified by the magistrate, a warrant issued under subsection
                (3) continues in force until the purpose of the entry has been satisfied.