### Dumping at Sea Ordinance 《海上傾倒物料條例》

13. Technical memorandum
(Not yet in operation)
(1) The Authority may issue a technical memorandum setting out principles, procedures, guidelines, standards and limits—
(a) used to predict, measure, assess or determine whether marine pollution is caused by, or contributed to by, or may be imminent by reason of, a process referred to in section 12(1);
(b) for the issue of marine pollution abatement notices for the pollution;
(c) used to determine whether or not a marine pollution abatement notice is being complied with.
(2) When the Authority issues a technical memorandum, he shall make available a copy of the technical memorandum for free inspection during business hours by the public at such offices of the Government as the Secretary directs.

### Dumping at Sea Ordinance 《海上傾倒物料條例》

14. Tabling technical memorandum and commencement
(Not yet in operation)
(1) The Secretary shall publish a technical memorandum issued under this Ordinance in the Gazette and lay it on the table of the Legislative Council at the next sitting after publication.
(2) Where the Secretary has laid a technical memorandum on the table of the Legislative Council, the Legislative Council may, by resolution passed at a sitting of the legislative Council held before the expiration of a period of 28 days after the sitting at which it was so laid, provide that the technical memorandum be amended in a manner consistent with the power to issue the technical memorandum.
(3) If the period for passing a resolution would, but for this subsection, expire—
(a) after the end of a session of the Legislative Council or after a dissolution of the Legislative Council, but
(b) on or before the day of the second sitting of the Legislative Council in the next following session of the Legislative Council,
the period extends to and expires on the day after the second sitting.
(4) Before the expiry of the period referred to in subsection (2) or that period as extended by virtue of subsection (3), the Legislative Council may by resolution in relation to a technical memorandum specified therein—
(a) in the case of the period referred to in subsection (2), extend that period to the first sitting of the Legislative Council held not earlier than the twenty-first day after the day of its expiry;
(b) in the case where the period referred to in subsection (2) has been extended by virtue of subsection (3), extend that period as so extended to the first sitting of the Legislative Council held not earlier than the twenty-first day after the day of the second sitting in that next following session. (Replaced 8 of 2002 s. 17)
(5) A resolution passed by the Legislative Council under this section is to be published in the Gazette not later than 14 days after the resolution is passed or within such further period as the Chief Executive allows in a particular case. (Amended 34 of 2000 s. 3)
(6) A technical memorandum published under subsection (1) is not subsidiary legislation.
(7) A technical memorandum takes effect—
(a) if the Legislative Council does not pass a resolution amending the technical memorandum, upon the expiry of the period or the period as extended, as the case may be, for passing an amending resolution; and
(b) if the Legislative Council passes a resolution amending the technical memorandum, at the beginning of the day of the publication in the Gazette of the resolution.

### Dumping at Sea Ordinance 《海上傾倒物料條例》

15. Powers of authorized officers
(1) The Authority may limit the powers of an authorized officer in the instrument appointing the authorized officer.
(2) An authorized officer may enter—
(a) land and vehicles in Hong Kong;
(b) aircrafts, vessels and other marine structures, other than Hong Kong aircrafts, Hong Kong vessels and other Hong Kong marine structures, where they are in Hong Kong or the waters of Hong Kong; (Amended 23 of 1998 s. 2)
(c) Hong Kong aircraft, Hong Kong vessels and other Hong Kong marine structures, wherever they are,
if he—
(i) has reason to believe that substances or articles to be dumped in the sea or under the sea-bed or incinerated on a vessel or marine structure at sea are or have been present there; or
(ii) is giving or enforcing a marine pollution abatement notice.
(3) An authorized officer may board—
(a) a vessel within the waters of Hong Kong; and
(b) a Hong Kong vessel wherever it is,
if he has reason to believe that the vessel is to be scuttled.
(4) An authorized officer may require a person—
(a) to give details of substances or articles on board an aircraft, vessel or marine structure; and
(b) to give information concerning substances or articles lost or dumped from an aircraft, vessel or marine structure.
(5) An authorized officer may require—
(a) an aircraft, vessel or marine structure—
(i) to stop or land; or
(ii) to move to a place as the authorized officer directs for further inspection; and
(b) the attendance as the authorized officer directs—
(i) of the master of a vessel or the commander of an aircraft;
(ii) of the person in charge of a marine structure; and
(iii) of any other person who is on board an aircraft, vessel or marine structure,
and may require a person on board to assist the authorized officer to carry out his functions.
(6) An authorized officer may detain an aircraft, vessel or marine structure in Hong Kong if he has reason to believe that the aircraft, vessel or marine structure is to be used to dump, or to assist in dumping, substances or articles in the sea or under the sea-bed without a permit for so long as it is necessary to discover—
(a) the intention of the commander, master or person in charge;
(b) whether an offence has been committed; and
(c) to prevent a dumping, scuttling or incineration operation without a permit.
(7) An authorized officer who enters a place or enters, stops or detains an aircraft, vessel or vehicle may require a person found there to give his name and address and to produce evidence of his identity.

### Dumping at Sea Ordinance 《海上傾倒物料條例》

16. Magistrate’s warrant required to enter dwelling
(1) An authorized officer shall not enter, for the purpose of enforcing this Ordinance, premises used only as a dwelling except under the authority of a warrant issued by a magistrate.
(2) A magistrate may only issue a warrant if, on an application made by an authorized officer, he is satisfied—
(a) that an authorized officer has reasonable grounds to believe that evidence relating to an offence under this Ordinance is present in the dwelling; and
(b) that—
(i) it is not practicable to communicate with a person entitled to grant entry to the dwelling;
(ii) a person entitled to grant entry to the dwelling has unreasonably refused an authorized officer entry;
(iii) entry to the dwelling is unlikely to be granted unless a warrant is produced; or
(iv) the purpose of entry could be prejudiced unless an authorized officer arriving at the dwelling can secure immediate entry to it.

17. Persons assisting an authorized officer
(1) An authorized officer may take with him, to assist him in performing his functions—
(a) another person; and
(b) equipment or materials.
(2) A person who assists an authorized officer may perform the authorized officer’s functions, but only under the authorized officer’s supervision.

18. Power of authorized officer under Ordinance
(1) Without limiting the powers of an authorized officer, an authorized officer may—
(a) open a container;
(b) carry out searches, inspections, measurements and tests;
(c) take samples;
(d) require the production of documents, books and records; and
(e) photograph or copy anything,
in performing his duties under this Ordinance.
(2) An authorized officer shall do everything reasonably necessary to determine whether a marine pollution abatement notice is to be served.

19. Evidence of authorized officers’ authority
(1) The Authority shall issue an authorized officer with a certificate of his authorization.
(2) When an authorized officer performs a function under this Ordinance, he shall, if requested—
(a) produce the certificate;
(b) state—
(i) his name;
(ii) the function that he proposes to perform; and
(iii) the grounds for proposing to perform it.

20. Time of performance of functions
An authorized officer shall perform his functions under this Ordinance at a reasonable hour unless he believes that the purpose of their performance could be frustrated if he performs them at a reasonable hour.

21. Power of authorized officer to use reasonable force
An authorized officer may use reasonable force, if necessary, in the performance of his functions.