### Water Pollution Control Ordinance 《水污染管制條例》

35. Authority may obtain information
(1) The Authority may by notice in writing to any person require him to furnish to the Authority, within a period and in a form stipulated in the notice, any information specified in the notice being information which he is authorized to obtain by regulations made under section 46(1)(j) or which the Authority may reasonably require for the purpose of exercising and performing his powers, functions and duties under this Ordinance.
(2) A person who—
(a) fails without reasonable excuse to comply with the requirements of a notice served on him under subsection (1); or
(b) in compliance or purported compliance with such a notice, makes any statement which he knows to be false in a material particular or recklessly makes any statement which is false in a material particular or knowingly omits any material particular,
commits an offence and is liable to a fine at level 3. (Amended 67 of 1990 s. 17)
(3) A person who in an application under this Ordinance makes a statement or gives an estimate which he knows to be false in a material particular or who recklessly makes a statement or gives an estimate which is false in a material particular or knowingly omits a material particular from the application commits an offence and is liable to a fine at level 3. (Added 83 of 1993 s. 22)
(Amended E.R. 2 of 2021)

36. Authorized officers
(1) Subject to subsection (2), the Authority may in writing authorize public officers to exercise the powers conferred on an authorized officer by sections 37 and 38, or such of those powers as the Authority may specify.
(2) The Authority shall under subsection (1), authorize only a public officer of or above the rank specified to exercise the following powers—
(a) the powers in section 38(b) and (c), an officer of or above the rank of Environmental Protection Officer;
(b) any other power conferred by section 37 or 38 on an authorized officer, an officer of or above the rank of Environmental Protection Inspector. (Amended 58 of 1987 s. 15; 83 of 1993 s. 23)
(3) An authorized officer exercising any power in section 37 or 38 may take with him such persons as he reasonably requires to assist him in the discharge of his duties.

### Water Pollution Control Ordinance 《水污染管制條例》

38. Further powers of authorized officers
An authorized officer who has pursuant to section 37 or any warrant issued thereunder, entered any place or premises or boarded any vessel, or who has been admitted to any place, premises or vessel in the course of his duties, may—
(a) inspect any plant or equipment or observe any process or procedure which he has reason to suspect is being, or has been, or is intended to be, used in connexion with—
(i) a discharge or deposit which is being, or has been, made contrary to section 8(1) or (1A) or 9(1), or is made pursuant to a licence;
(ii) the treatment of any matter which is being, or is intended to be, discharged or deposited into the waters of Hong Kong or inland waters or into any communal sewer or communal drain,
and may require any person in charge of the place, premises or vessel to do anything which the officer reasonably considers to be necessary for facilitating the inspection or observation;
(b) require the person in charge of the place, premises or vessel to produce for examination any drawing, record or document which is in the possession of such person, or which he can reasonably obtain, relating to any plant or equipment referred to in paragraph (a) or to any discharge or deposit to which section 8(1) or (1A) or 9(1) applies or the officer has reason to suspect may apply;
(ba) if there are reasonable grounds for believing that it is necessary for the purpose of carrying out his duties or for the effective enforcement of this Ordinance, require a person present at the place or premises or by or on board the vessel to produce his identity card for inspection, to give his address and telephone number and to produce evidence to that effect for inspection; (Added 83 of 1993 s. 25)
(c) seize, remove and detain any drawing, record or document referred to in paragraph (b) or any other article or thing if he has reason to suspect that it is, or contains, evidence of an offence under this Ordinance;
(d) examine and make copies of records kept pursuant to a condition of the kind mentioned in paragraph 9 of the First Schedule;
(e) install sampling devices for and take samples of any matter which is within the description in paragraph (a)(ii) or which he has reason to believe may come within that description. (Amended 83 of 1993 s. 25)
(Amended 67 of 1990 s. 22)

### Water Pollution Control Ordinance 《水污染管制條例》

39. Analysis of samples
(1) A certificate of analysis of a sample of any matter may be tendered in evidence in any proceedings under this Ordinance and shall, until the contrary is proved, be sufficient evidence of the facts stated therein if the procedure set out in this section has been complied with, or substantially complied with so far as is reasonably practicable, in relation to that sample.
(2) An authorized officer who takes a sample of any matter for the purposes of subsection (1) shall—
(a) divide it into 3 approximately equal parts;
(b) place each part in a separate container and suitably mark or label each container;
(c) ensure that the person appearing to be in occupation of the premises on which the sample was taken or his servant or agent—
(i) is handed such one of the parts as that person or his servant or agent may select or, if that is not reasonably practicable, is handed or sent by registered post such one of the parts as the officer shall select; and
(ii) is informed that one of the other 2 parts is intended to be submitted to the analyst for analysis;
(d) except where an analysis proves to be unnecessary, personally submit one of the remaining 2 parts to the analyst for analysis and retain the other for the purposes of comparison.
(3) As soon as the analyst has completed the analysis he shall furnish to the Authority and to the person referred to in subsection (2)(c), or his servant or agent, a certificate of the results of the analysis. (Amended 83 of 1993 s. 26)
(4) A certificate under subsection (3) shall be signed by the analyst but the analysis may be made by a person acting under his directions; and any certificate purporting to have been signed by the analyst shall be presumed, until the contrary is proved, to have been signed by him.
(5) In this section analyst (化驗師) means the Government Chemist or any person appointed by the Governor as an analyst for the purposes of this section.
(6) An appointment by the Governor under subsection (5) shall be notified in the Gazette.

40. Offences in relation to sections 37 and 38
A person who—
(a) wilfully obstructs an authorized officer in the exercise of any power conferred on such officer by or under section 37 or 38; or
(b) fails without reasonable excuse to comply with any requirement duly made by an officer under those sections; or
(c) in compliance or purported compliance with any such requirement produces any drawing, document or record which he knows to be incorrect or inaccurate in a material particular or does not believe to be correct and accurate,
commits an offence and is liable to a fine at level 3. 
(Amended 67 of 1990 s. 18; E.R. 2 of 2021)

### Water Pollution Control Ordinance 《水污染管制條例》

40A. Sampling offences
A person who—
(a) tampers or interferes with a device that is used for sampling any matter under this Ordinance;
(b) tampers or interferes with a sample obtained under this Ordinance;
(c) diverts an effluent stream away from an installed device that is used for sampling discharges under this Ordinance; or
(d) does anything in relation to an effluent stream for the purpose of causing a misleading sample to be taken from an installed device that is used for sampling discharges under this Ordinance,
commits an offence and is liable to a fine at level 3.
(Added 67 of 1990 s. 19. Amended E.R. 2 of 2021)