### Energy Efficiency (Labelling of Products) Ordinance 《能源效益(產品標籤)條例》

24. Power to enter premises for routine inspection
(1) For the purpose of ascertaining whether this Ordinance has been or is being complied with, an authorized officer may, if he reasonably believes that there is a prescribed product in—
(a) subject to paragraph (b), any premises except domestic premises; or
(b) any specified premises, whether or not domestic premises,
enter at any reasonable time such premises.
(2) After entering any premises under subsection (1), an authorized officer may, at the premises, exercise any or all of the following powers—
(a) require the production of, inspect and examine any prescribed product;
(b) examine any process or procedure in connection with the testing of prescribed products;
(c) require any person carrying on or employed in connection with, a trade or business to produce—
(i) any letter of notification issued in respect of prescribed products;
(ii) any book or document relating to prescribed products; or
(iii) any other document or information or any other thing that he reasonably believes to be relevant to an offence or a contravention of a requirement under this Ordinance;
(d) take and make copies of any letter, book, document or information referred to in paragraph (c); and
(e) if the officer has reasonable grounds to suspect that, in relation to a prescribed product—
(i) a requirement under this Ordinance has been contravened; or
(ii) an offence under this Ordinance has been committed,
seize and detain the prescribed product or anything that is likely to be of value (whether by itself or together with anything else) to the investigation of the contravention or offence.
(3) A person who, without reasonable excuse—
(a) fails to comply with a requirement made under subsection (2)(a) or (c); or
(b) obstructs an authorized officer in the exercise of any power conferred under subsection (1) or (2),
commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 6 months.

### Energy Efficiency (Labelling of Products) Ordinance 《能源效益(產品標籤)條例》

25. Power to enter premises with warrant under section 26 in other cases
(1) Where a warrant has been issued under section 26 in respect of any premises (including domestic premises), an authorized officer may enter the premises and exercise any or all of the following powers—
(a) stop and search any person found at the premises whom the officer reasonably believes to have committed or is committing an offence under section 4, 5, 13 or 21;
(b) require the production of, inspect and examine any prescribed product;
(c) examine any process or procedure in connection with the testing of prescribed products;
(d) require any person carrying on or employed in connection with, a trade or business to produce—
(i) any letter of notification issued in respect of prescribed products;
(ii) any book or document relating to prescribed products; or
(iii) any other document or information or any other thing that he reasonably believes to be relevant to an offence or a contravention of a requirement under this Ordinance;
(e) take and make copies of any letter, book, document or information referred to in paragraph (d); and
(f) if the officer has reasonable grounds to suspect that, in relation to a prescribed product—
(i) a requirement under this Ordinance has been contravened; or
(ii) an offence under this Ordinance has been committed,
search, seize and detain the prescribed product or anything that is likely to be of value (whether by itself or together with anything else) to the investigation of the contravention or offence.
(2) Where an authorized officer enters any premises under a warrant, if so requested, he is to produce the warrant for inspection.
(3) A person who, without reasonable excuse—
(a) fails to comply with a requirement made under subsection (1)(b) or (d); or
(b) obstructs an authorized officer in the exercise of any power conferred under subsection (1),
commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 6 months.

### Energy Efficiency (Labelling of Products) Ordinance 《能源效益(產品標籤)條例》

26. Warrant to be obtained for exercising power under section 25
(1) A court may issue a warrant in respect of any premises (including domestic premises) if it is satisfied by information on oath that there are reasonable grounds for believing that—
(a) an offence under section 4, 5, 13 or 21 has been or is being committed at the premises; or
(b) there is or may be at the premises anything that is or contains, or is likely to be or contain, evidence of the commission of an offence under section 4, 5, 13 or 21.
(2) A warrant issued under subsection (1) may authorize an authorized officer to enter, by reasonable force if necessary, and search the premises specified in the information.
(3) A warrant issued under subsection (1) continues in force until the purpose for which the entry is necessary has been satisfied.
(4) In this section, court (法院) includes a magistrate.

27. Power of detention
(1) An authorized officer may, during the time when he remains in the premises entered under section 25 or such shorter period as the officer considers appropriate, detain any person found on such premises where—
(a) after inquiry, the officer reasonably believes the person is connected with the purpose of the entry; and
(b) it is necessary to detain the person in order to be able to adequately perform the functions under section 25.
(2) A person who, without reasonable excuse, obstructs an authorized officer in the exercise of any power conferred under subsection (1) commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 6 months.

28. Power to require testing
(1) If the Director has reasonable grounds to suspect that a prescribed product does not conform with the test results submitted to the Director by a specified person, the Director may serve a notice on the specified person requiring the person to cause the product to be tested in such manner as the Director may specify in the notice.
(2) All costs relating to the required test must be borne by the specified person regardless of the results of the test.
(3) A person who fails to comply with a requirement made under subsection (1) commits an offence and is liable on conviction to a fine at level 6.

29. Return of prescribed product or things after investigation
(1) Where a prescribed product or anything has been seized from a person (person in possession

30. Persons assisting authorized officer
In performing any function under this Part, an authorized officer may be accompanied by any other person and take any equipment to assist the officer in the performance of his function.

### Energy Efficiency (Labelling of Products) Ordinance 《能源效益(產品標籤)條例》

31. Director’s power to publicize non-compliances
(1) If the Director—
(a) has reasonable grounds to believe that a supplier of a prescribed product does not comply with the requirement under section 4, 5, 6, 7, 9, 10, 11 or 13;
(b) has served a prohibition notice on a supplier of a prescribed product under section 16; or
(c) has removed from the record the reference number assigned to a listed model of a prescribed product under section 17,
the Director may take either or both of the actions specified in subsection (2).
(2) The actions that the Director may take under subsection (1) are—
(a) to serve a notice on the supplier of the prescribed product requiring the supplier, at his own expense and by his own arrangement to publish, in the form and manner and on such occasions as may be specified in the notice, a statement that—
(i) the prescribed product has not complied with the requirement;
(ii) a prohibition notice has been so served; or
(iii) the reference number has been so removed; and
(b) to publish, in the form and manner as he considers appropriate, a statement that—
(i) the prescribed product has not complied with the requirement;
(ii) a prohibition notice has been so served; or
(iii) the reference number has been so removed.
(3) If a person on whom a notice is served under subsection (2)(a) fails to comply with the notice, he commits an offence and is liable on conviction to a fine at level 6.
(4) Without prejudice to subsection (3), if a person on whom a notice is served under subsection (2)(a) fails to comply with the notice, the Director may—
(a) publish the required statement on behalf of the person; and
(b) recover from the person the costs of publication as a civil debt due to the Government.