### Freight Containers (Safety) Ordinance 《運貨貨櫃(安全)條例》

19. Powers of Director and inspectors
(1) The Director or any inspector appointed under section 18 may, for the purpose of—
(a) ascertaining whether any container fails to comply with any requirement specified under this Ordinance in relation to it;
(b) detecting whether any offence is being, has been or is about to be committed under this Ordinance;
(c) identifying any unsafe containers in use in Hong Kong and ensuring as far as is practicable that, except as otherwise provided under this Ordinance, such containers do not continue to be used;
(d) monitoring the receipt and processing by authorized persons of applications for approval under sections 5 and 6 and the testing of, and granting of approvals in relation to, containers under those sections,
exercise any of the powers specified in subsection (2) where the exercise of that power is necessary or appropriate in respect of the particular purpose.
(2) The powers specified for the purposes of subsection (1) are the powers—
(a) at any reasonable time, to enter any premises or board any vessel within the waters of Hong Kong;
(b) to take with him such persons and any equipment or material as may be necessary to assist him;
(c) to inspect any container;
(d) to make any examination or investigation, and for that purpose take any measurements or photographs and make any recordings; and
(e) to require the production of any document required to be kept in pursuance of this Ordinance and to inspect and copy it or any entry in it.
(3) No premises or vessel which is used solely for dwelling purposes shall be entered or boarded under subsection (1) except by virtue of a warrant issued by a magistrate, where the magistrate is satisfied by information on oath that there is reasonable ground for suspecting that an offence under this Ordinance has been, is being or is about to be committed in the premises or vessel or that there is in the premises or vessel anything likely to be or to contain evidence of such an offence.
(4) An inspector who enters premises or boards a vessel shall—
(a) if so required, produce evidence of his identity and of his appointment by the Director under section 18; and
(b) if a warrant has been issued under subsection (3), produce that warrant to any person who appears to be in charge of the premises or vessel.
(5) The Director or any inspector appointed under section 18 shall not exercise the power conferred by subsection (2)(c) to inspect the inside of a sealed container except by virtue of a warrant issued by a magistrate, where the magistrate is satisfied by information on oath that there is reasonable ground for suspecting that the inside of the container has not been properly maintained within the meaning of section 11 or is in a condition such as may render the container unsafe or may constitute evidence of the commission of an offence under this Ordinance. (Amended 14 of 2006 s. 16)

### Freight Containers (Safety) Ordinance 《運貨貨櫃(安全)條例》

22. Obstruction
Any person who—
(a) wilfully obstructs the Director or an inspector in the exercise of any power conferred on him by sections 14 to 16 or 19; 
(b) without reasonable excuse fails to comply with any requirement imposed by the Director or an inspector under section 19;
(c) without reasonable excuse fails to produce any document which is required under section 19,
commits an offence and is liable to a fine at level 3 and to imprisonment for 6 months.

23. Director’s review of decisions of authorized person
(1) A person who is aggrieved by a decision made by an authorized person in respect of him under section 5, 6 or 9(2) may in writing apply in accordance with this section to have the decision reviewed by the Director by lodging with the Director a notice requesting such review.
(2) A notice requesting a review by the Director must be lodged by the person within 28 days after his receipt of notice of the decision.
(3) Where a notice of review is lodged in respect of a decision of an authorized person under section 9 to the effect that an approval is no longer valid, the decision specified in the notice of review shall be suspended in its operation as from the day on which the notice is lodged until the review is disposed of, withdrawn or abandoned, unless the advice or notice of the decision given to any person bound by the decision is accompanied by a statement in writing to the effect that, in the opinion of the Director, such suspension would be contrary to the public interest.
(4) In any such review the Director may confirm, vary or reverse the decision under review or substitute for that decision such other decision as he thinks fit that could have been made by the authorized person.

### Freight Containers (Safety) Ordinance 《運貨貨櫃(安全)條例》

24. Appeals
(1) A person aggrieved by a decision made in respect of him by the Director—
(a) (Repealed 14 of 2006 s. 19)(b) under section 9, that an approval shall no longer be valid;
(c) under section 12 or 13, in an application for approval of an examination procedure;
(d) under sections 14 to 16, in relation to control of the use of a container; 
(e) under section 23, in relation to an application for the review of a decision of an authorized person;
(f) under section 25, in relation to any request for exemption under that section,
may appeal to the Administrative Appeals Board against that decision, and Part 3 of the Administrative Appeals Board Ordinance (Cap. 442) shall have effect for the purposes of any such appeal. (Amended E.R. 1 of 2012)
(2) Where in accordance with section 9 of the Administrative Appeals Board Ordinance (Cap. 442) a notice of appeal is lodged in respect of a decision of the Director—
(a) under section 9, that an approval no longer be valid;
(b) under sections 14 to 16, prohibiting the use of or detaining a container, 
the decision that is appealed against shall be suspended in its operation as from the day on which the notice of appeal is lodged until the appeal is disposed of, withdrawn or abandoned, unless the advice or notice of the decision given to any person bound by the decision is accompanied by a statement in writing to the effect that, in the opinion of the Director, such suspension would be contrary to the public interest.

25. Exemptions
(1) Subject to subsection (3) the Director may by certificate in writing exempt any container or class of containers, approved or not approved, or any person or class of persons to which this Ordinance applies from any requirement or prohibition imposed by this Ordinance.
(2) Any such exemption may be granted subject to conditions and to a limit of time and may be revoked by a certificate in writing at any time.
(3) The Director shall not grant any such exemption unless, having regard to the circumstances of the case, and in particular to—
(a) the conditions, if any, which he proposes to attach to the exemption; and
(b) any other requirements imposed by or under any enactments which apply to the case,
he is satisfied that the health and safety of persons who are likely to be affected by the exemption will not be prejudiced because of it.

26. Service of notices
Any notice which may be or is to be served by the Director on any person under this Ordinance may be served on that person by post.