### Hazardous Chemicals Control Ordinance 《有毒化學品管制條例》

33. Power to enter any premises, etc. in other cases
(1) Where a warrant has been issued under section 34 in respect of any premises, an authorized officer may enter the premises and exercise any or all of the following powers—
(a) to stop and search any person found at the premises whom he reasonably believes to have committed or is committing an offence under section 6, 7, 8 or 9;
(b) to require the production of, inspect and examine—
(i) any thing that is or he reasonably believes to be a scheduled chemical; or
(ii) any thing that contains or he reasonably believes to contain any such chemical, including any thing that he reasonably believes to have any such chemical as its part;
(c) to require the production or provision of, inspect and examine—
(i) any permit or other document to which any scheduled chemical relates, including any document that relates to the origin or nature of such chemical; and
(ii) any other document or information or any other thing that he reasonably believes to be or contain evidence of the commission of an offence under section 6, 7, 8 or 9;
(d) to take and make copies of any permit, document and information referred to in paragraph (c);
(e) to seize, remove and detain any thing that he reasonably believes to be or contain evidence of the commission of an offence under section 6, 7, 8 or 9.
(2) A person commits an offence if he—
(a) without reasonable excuse, fails to comply with a requirement made under subsection (1)(b) or (c); or
(b) wilfully obstructs an authorized officer in the exercise of any power conferred under subsection (1).
(3) A person who commits an offence under subsection (2) is liable on conviction to a fine at level 3 and to imprisonment for 6 months.

34. Warrants to be obtained for exercising powers under section 33
(1) A court may issue a warrant in respect of any premises if it is satisfied by information on oath that there are reasonable grounds for believing that—
(a) an offence under section 6, 7, 8 or 9 has been or is being committed at the premises; or
(b) there is or may be at the premises any thing that is or contains, or is likely to be or contain, evidence of the commission of an offence under section 6, 7, 8 or 9.
(2) A warrant issued under subsection (1) may authorize an authorized officer—
(a) to enter, by force if necessary, and search the premises specified in the information; and
(b) to take with him such assistants as may be necessary.
(3) A warrant issued under subsection (1) continues in force until the purpose for which the entry is necessary has been satisfied.

### Hazardous Chemicals Control Ordinance 《有毒化學品管制條例》

35. Production of proof of identity
Before or on exercising a power conferred by this Part, an authorized officer shall produce written evidence as to his identity.

36. Search by same sex
A person may only be searched under section 33(1)(a) by another person of the same sex.

37. Forfeiture of things seized by authorized officers
(1) If an offence is prosecuted under section 6, 7, 8 or 9, the court may, on its own motion or on application, order any scheduled chemical, any thing of which the chemical is a part, or any container used for containing the chemical or thing, which is seized under section 33(1)(e)—
(a) to be returned to its owner or the person from whom it was seized; or
(b) to be forfeited to the Government.
(2) Where an order is made under subsection (1)(b)—
(a) any thing that is forfeited to the Government under the order is to be regarded as the property of the Government and is free from all rights of any other person; and
(b) the Director may dispose of it in such manner as he considers appropriate.
(3) In any proceedings for the making of an order under subsection (1), any statement or other indication concerning the nature of any scheduled chemical which is displayed on or affixed in any manner to—
(a) the chemical;
(b) any thing of which the chemical is a part; or
(c) the container used for containing the chemical or that thing,
at the time when the chemical or that thing was seized is to be regarded, in the absence of evidence to the contrary, as a true description of the chemical.
(4) This section applies whether or not a person is convicted of an offence under section 6, 7, 8 or 9.

38. Appointment of authorized officers
The Director may in writing appoint any public officer to be an authorized officer for the purposes of this Ordinance.

### Hazardous Chemicals Control Ordinance 《有毒化學品管制條例》

39. Director’s power to issue duplicates of permits
(1) If a permit is lost, destroyed or defaced, the Director may, on an application that complies with any regulation made under section 45, and subject to the compliance by the applicant with any other requirement imposed under or by virtue of any such regulation in relation to the application, issue to the permit holder a duplicate permit to replace the original permit.
(2) A duplicate permit has the same effect as the original permit and is to be regarded as having been issued under section 10(1).
(3) On the issue of a duplicate permit, the original permit ceases to be valid.
(4) When making an application for a duplicate permit, the permit holder shall return the original permit to the Director if it is available to him.
(5) The Director may refuse to issue a duplicate permit to the permit holder if he does not return the original permit under subsection (4).
(6) Where the permit holder is not required to return the original permit under subsection (4) because it is not available to him at the time of making the application, if—
(a) the original permit becomes available to him at any time after the application is made; and
(b) the application has not been withdrawn by him or refused by the Director,
the permit holder shall, as soon as practicable after the original permit becomes available to him, report this fact to the Director and shall take all reasonable steps to obtain possession of the permit and return it as soon as practicable to the Director.

40. Provision of false or inaccurate information, etc.
(1) A person commits an offence if he, in purported compliance with a requirement imposed under this Ordinance to produce any document or provide any information—
(a) produces any document or provides any information that he knows to be misleading, false or inaccurate in a material particular;
(b) recklessly produces any document or provides any information that is misleading, false or inaccurate in a material particular; or
(c) produces any document or provides any information that he has no reasonable ground to believe to be true or accurate.
(2) A person commits an offence if he, when required to produce any document or provide any information in respect of any matter to an authorized officer in the exercise of his powers under this Ordinance, withholds the document or information.
(3) A person who commits an offence under subsection (1) or (2) is liable on conviction to a fine at level 3 and to imprisonment for 6 months.
(4) Notwithstanding anything in the Magistrates Ordinance (Cap. 227), proceedings in respect of an offence alleged to have been committed against this section may be brought within any of the following periods which expires earlier—
(a) 2 years after the alleged commission of the offence; or
(b) 6 months after the first discovery of the alleged commission of the offence by the Director.