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EIA Ordinance

PART VII ENFORCEMENT

22. Authorized officers
    
    
    1. The Director may in writing authorize a public officer to exercise the powers conferred on an authorized officer under this Part as the Director may specify in the authorization.
       
       
    2. A public officer exercising a power under this Part---
       
       
       1. may obtain the assistance of persons he reasonably requires for the purposes of the discharge of his functions;
          
          
       2. shall, if required, produce his identity card issued under the Registration of Persons Ordinance (Cap. 177), together with his written authorization under this section.
          
          

23. Powers of entry and inspection, etc.
    
    
    1. An authorized officer may without warrant and on production, if required, of his written authorization under this Part---
       
       
       1. enter and search a place if he reasonably believes that---
          
          
          1. an offence against this Ordinance has been or is being committed in the place;
             
             
          2. there is in the place anything that is or is likely to constitute evidence that an offence against this Ordinance has been or is being committed;
             
             
       2. enter a place to serve a notice under this Ordinance;
          
          
       3. enter a place to measure, inspect, take samples and test as he reasonably believes is necessary to determine if an offence against this Ordinance has been or is being committed.
          
          
    2. An authorized officer shall not, except with the consent of the occupier or person in charge of the premises, enter domestic premises without a warrant issued by a magistrate under subsection (3) or (4).
       
       
    3. If a magistrate informed on oath is satisfied that there is reason to believe that---
       
       
       1. an offence against this Ordinance has been or is being committed on domestic premises; or
          
          
       2. there is on domestic premises anything that is or is likely to constitute evidence that an offence against this Ordinance has been or is being committed,
          
          
       the magistrate may issue a warrant authorizing an authorized officer to enter and search the premises.
       
       
    4. If a magistrate informed on oath is satisfied that there is reason to believe that it is necessary for an authorized officer to enter domestic premises to serve a notice or to measure, inspect, take samples or test as the authorized officer reasonably believes is necessary to determine if an offence against this Ordinance has been or is being committed, the magistrate may issue a warrant authorizing the authorized officer to enter the domestic premises.
       
       
    5. An authorized officer who enters a place under subsection (1), (3)or (4) may require any person present at that place---
       
       
       1. to give details of his identity, name and address and produce his identity card issued under the Registration of Persons Ordinance (Cap. 177) for inspection by the authorized officer; or
          
          
       2. who appears at the time to be responsible for or in charge of that place, to give such information or render such assistance as may be necessary to enable the authorized officer to carry out his functions under this Part.
          
          
    6. An authorized officer who enters any place under this section shall, if entry is by warrant, produce that warrant.
       
       
    7. A warrant issued under subsection (3) or (4) shall continue in force until the purpose for which the entry is necessary has been satisfied.
       
       

24. Cessation order
    
    
    1. The Director may, with the consent of the Secretary, issue an order requiring persons working on a designated project to cease working on the project until the order is withdrawn, if---
       
       
       1. an environmental permit has not been issued for the project being undertaken;
          
          
       2. an environmental permit has been withdrawn from the project being undertaken; or
          
          
       3. there has been a breach of the conditions of an environmental permit issued for the project being undertaken, resulting in environmental damage.
          
          
    2. The Director may, with the consent of the Secretary, issue an order requiring persons working on a designated project to carry out work on the project to remedy environmental damage identified by the Director.
       
       
    3. The Director may, with the consent of the Secretary, after issuing an order to cease working on a designated project, take direct action to remedy environmental damage identified by the Director and may recover the costs of the remedial work from the owner of, or the operator or the contractor on, the site of the designated project.
       
       

25. Recovery of costs
    
    
    1. The Director may certify the costs due and names of the persons liable for the costs, apportioning the costs if appropriate, if he is authorized to recover the costs of works carried out under this Ordinance.
       
       
    2. Without limiting the general meaning of "costs"(費用), the costs may include supervision charges and the costs of materials supplied by the Director for the purpose of carrying out the works.
       
       
    3. The Director shall serve a copy of his certificate on each person who is liable to pay costs.
       
       
    4. Annual interest at the rate of 10% commencing 1 month after the date of service of the certificate is recoverable as part of the costs.
       
       
    5. Payment of costs by any person is without prejudice to his right to recover the payment from any other person who is liable to pay for the costs.
       
       
    6. Costs certified by the Director are recoverable as a civil debt due to the Government.
       
       
    7. A writ of summons initiating an action to recover costs as a civil debt due to the Government is presumed to have been served if the court is satisfied that the writ was left at the defendant's residence or place of business or, if those are not known, that it was left at the building or land for which the claim is made.
       
       
    8. A certificate purporting to be signed by the Director under subsection (1) is on its production admissible in any proceedings without further proof. The certificate is presumed, in the absence of evidence to the contrary, to be proof of the signature of the Director and of the facts certified in relation to the costs due from the person sued.
       
       
    9. At any time before the costs have been wholly recovered, a copy of the certificate referred to in subsection (1) may be registered under the Land Registration Ordinance (Cap. 128) against the land or premises for which the costs arose, and the copy so registered constitutes a legal charge as defined in the Conveyancing and Property Ordinance (Cap. 219).
       
       
    10. On the recovery of all of the costs certified under this section the Director shall, if there has been a registration against land or premises under subsection (9), register under the Land Registration Ordinance (Cap. 128) a certificate of satisfaction against the land or premises.