### Lifts and Escalators Ordinance 《升降機及自動梯條例》

132. Warrant to enter premises for purposes of section 41 or 71
(1) A court may issue a warrant authorizing an enforcement officer to enter any premises if the court is satisfied by information on oath that there are reasonable grounds for believing that an incident has occurred in relation to a lift or escalator situated at or installed or being installed in the premises.
(2) Unless otherwise specified in it, a warrant issued under this section continues in force until the purposes for which the entry is necessary have been satisfied.
(3) An enforcement officer authorized by a warrant issued under this section to enter any premises may—
(a) at the time specified in the warrant or, if no time is specified, at any time enter the premises; and
(b) use any force that is reasonable in the circumstances for gaining entry into the premises.
(4) If a warrant is issued under subsection (1) in respect of any premises, the enforcement officer authorized by the warrant to enter the premises may exercise any or all of the following powers at the premises—
(a) to require access to and the examination of the lift or escalator;
(b) to require the production or provision of and examine any permit, certificate or other document relating to the lift or escalator;
(c) to require the production or provision of and examine any other document or thing or any information that the officer has reasonable grounds to believe to be relevant to the investigation;
(d) to take and make copies of any permit, certificate, document or information referred to in paragraph (b) or (c);
(e) to seize, remove and detain anything that the officer has reasonable grounds to believe to be relevant to the investigation;
(f) to take any photograph of anything referred to in paragraph (a), (b), (c), (d), or (e).
(5) An enforcement officer may call on any person the officer considers necessary to assist the officer in the exercise of any power under this section.
(6) A person assisting an enforcement officer in executing a warrant issued under this section also has the powers conferred on the officer under this section.
(7) In this section, a reference to a lift or escalator includes any part of the lift or escalator and any associated equipment or machinery of the lift or escalator.

### Lifts and Escalators Ordinance 《升降機及自動梯條例》

133. Warrant to enter premises for purposes of section 111(1)(d)
(1) A court may issue a warrant authorizing any person authorized under section 111(1)(d) to enter any premises and exercise the power conferred under that section if the court is satisfied by information on oath that there are reasonable grounds for believing that a disciplinary offence has been, is being or may have been committed—
(a) in relation to the lift or escalator situated at or installed or being installed in the premises; or
(b) in relation to any lift works or escalator works that have been or are being carried out at the premises.
(2) Unless otherwise specified in it, a warrant issued under subsection (1) continues in force until the purposes for which the entry is necessary have been satisfied.
(3) In this section, a reference to a lift or escalator includes any part of the lift or escalator and any associated equipment or machinery of the lift or escalator.

134. Warrant to enter premises for purposes of section 119(1)(d)
(1) A court may issue a warrant authorizing any person authorized under section 119(1)(d) to enter any premises and exercise the power conferred under that section if the court is satisfied by information on oath that there are reasonable grounds for believing that the lift or escalator concerned is situated at or installed or being installed in the premises, or the lift works or escalator works concerned have been or are being carried out at the premises.
(2) Unless otherwise specified in it, a warrant issued under subsection (1) continues in force until the purposes for which the entry is necessary have been satisfied.
(3) In this section, a reference to a lift or escalator includes any part of the lift or escalator and any associated equipment or machinery of the lift or escalator.

### Lifts and Escalators Ordinance 《升降機及自動梯條例》

136. Offences on obstruction and contravention of requirements
(1) A person commits an offence if the person—
(a) without reasonable excuse, contravenes a requirement under section 129, 131, 132 or 135; or
(b) wilfully obstructs any person in the exercise of any power under section 129, 130, 131, 132, 133, 134 or 135.
(2) A person who commits an offence under subsection (1)(a) is liable on conviction to a fine at level 5.
(3) A person who commits an offence under subsection (1)(b) is liable on conviction to a fine of $200,000 and to imprisonment for 12 months.

137. Duty to produce evidence of authority
A person exercising any power under this Part, including executing a warrant, must, if requested, produce for inspection—
(a) documentary evidence of the person’s identity;
(b) (if applicable) documentary evidence of the appointment under section 124 or delegation under section 125; and
(c) (if applicable) the warrant.

138. Return and forfeiture of things seized
(1) If an offence is prosecuted under this Ordinance, the court may, on its own motion or on application, order that any thing seized under Subdivision 2 or 3 in respect of which the prosecution is brought—
(a) be returned to the person from whom it was seized or to its owner; or
(b) be forfeited to the Government.
(2) Subsection (1) applies whether or not any person charged in the proceedings is convicted of the offence.
(3) An enforcement officer may apply to the court for an order to dispose of a thing seized under Subdivision 2 or 3, whether or not a prosecution is brought in respect of that thing.
(4) On an application under subsection (3), the court may order that the thing concerned—
(a) be returned to the person from whom it was seized or to its owner; or
(b) be forfeited to the Government.

### Lifts and Escalators Ordinance 《升降機及自動梯條例》

139. Compensation for seizure etc.
(1) Subject to subsection (2), if a thing is seized under Subdivision 2 or 3, the Government is liable to compensate the owner of the thing for any loss suffered by the owner—
(a) by reason of the seizure; or
(b) by reason that the thing is lost or damaged during the time when the thing is seized or detained.
(2) The owner is not entitled to compensation for the loss if the thing is forfeited to the Government by an order of the court under section 138, unless the order is made because the owner of the thing is unknown or cannot be found at the time when the order is made.
(3) In any proceedings against the Government in respect of a claim for compensation on any of the grounds referred to in subsection (1), the amount of the compensation recoverable is an amount that is just and equitable in all the circumstances of the case.
(4) The circumstances referred to in subsection (3) include the conduct and comparative blameworthiness of—
(a) the owner of the thing seized;
(b) the person in charge or in control of the thing at the time when the thing was seized;
(c) any agent of the person specified in paragraph (a) or (b); and
(d) the public officer and any other person concerned.
(5) Proceedings in respect of a claim for compensation on the ground referred to in subsection (1)(a) must commence within the period of 6 months beginning on the date immediately after the date on which the thing was seized.
(6) Proceedings in respect of a claim for compensation on the ground referred to in subsection (1)(b) must commence within the period of 6 months beginning on the date immediately after whichever of the following is the earlier—
(a) the date on which the owner discovers the existence of the ground;
(b) the date on which the owner could, by the exercise of due diligence, have discovered the existence of the ground.
(7) A claim for compensation under this section may be made—
(a) in the Small Claims Tribunal, if the claim is within the jurisdiction of the Tribunal; or
(b) in the District Court, irrespective of the amount claimed.