Clause 3

The Board may, by one or more of its officers or persons authorised by the Board (in this section called an authorised officer and authorised person, respectively), enter any premises at any reasonable time, on giving 24 hours’ notice of its intention to do so to the owner or occupier of the premises, to do either or both of the following:

investigate whether any urgent repairs or works are required to be carried out in the premises;

carry out the urgent repairs or works.(2) There must be at least one authorised officer present in the premises at all times during the conduct of any investigation or carrying out of any urgent repairs or works under subsection (1) in those premises.(3) Before entering the premises under subsection (1), an authorised officer must produce, if so required —

his original identity card or such identification card as the Chief Executive Officer may direct to be carried by the authorised officer as proof of his identity; and

some duly authenticated document showing his authority.(4) If it is shown to the satisfaction of a Magistrate on sworn information in writing that there is reasonable ground for entry into the premises for either or both of the purposes specified in subsection (1) and —

that entry into the premises has been refused, or that refusal is apprehended; or

that the premises are unoccupied or the owner or occupier is temporarily absent,the Magistrate may by warrant authorise the Board by one or more authorised officers or authorised persons to enter the premises forcibly, if necessary.(5) The warrant continues in force until the purpose for which the entry is necessary has been satisfied.(6) There must be at least one authorised officer present in the premises at all times during the execution of the warrant.(7) If the owner or occupier is present when an authorised officer or authorised person seeks to execute the warrant, the authorised officer must —

identify himself to the owner or occupier;

show the owner or occupier —

his original identity card or such identification card as the Chief Executive Officer may direct to be carried by the authorised officer as proof of his identity; and

some duly authenticated document showing his authority;

show the owner or occupier the warrant; and

if required, give the owner or occupier a copy of the warrant.(8) If the owner or occupier is not present when entry under subsection (7) is sought, but some other person who appears to be in charge of the premises is present, then subsection (7) applies to that other person as if he were the owner or occupier.(9) An authorised officer or authorised person entering the premises under a warrant issued under subsection (4) may do all or any of the following:

break open any outer or inner door or window leading to the premises;

forcibly enter the premises and every part of the premises;

remove by force any obstruction to the entry.(10) An authorised officer or authorised person entering the premises under subsection (1), or under a warrant issued under subsection (4), may do either or both of the following:

take with him such other persons as may be necessary;

remove or demolish any fixtures or fittings in the premises if such removal or demolition is necessary for the conduct of any investigation or carrying out of any urgent repairs or works under this section.(11) If the premises are unoccupied at the time of entry, the authorised officer or authorised person must leave the premises as effectually secured against trespassers as he found the premises.(12) Subject to subsection (11), the Board is not liable to compensate the owner or occupier for any loss (including reinstatement costs) incurred by the owner or occupier, or for any damage caused to the premises, as a result of anything done with reasonable care and in good faith under subsection (10)(b).(13) Where the Board has carried out any repairs or works in the premises under this section, the Board may recover from the owner, as a debt due to the Board, the costs incurred by the Board in respect of the repairs or works.(14) The Board must serve a written notice on the owner requiring payment of the costs recoverable under subsection (13), and the owner must make payment within one month after the date of the written notice or within such other period as the Board may specify in the written notice.(15) In this section and section 26B, “premises” means any flat, house or other building sold, leased or rented out by the Board under this Act.Power to enter without notice or warrant26B.—

If there are reasonable grounds to believe in respect of any premises that there is an imminent danger which affects public safety or public health, the Board may, by one or more of its officers or persons authorised by the Board (in this section called an authorised officer and authorised person, respectively), enter the premises without warrant to do either or both of the following:

investigate whether any urgent repairs or works are required to be carried out in the premises to remove or prevent that danger;

carry out the urgent repairs or works.(2) There must be at least one authorised officer present in the premises at all times during the conduct of any investigation or carrying out of any urgent repairs or works under subsection (1) in those premises.(3) If the owner or occupier of the premises is present when an authorised officer or authorised person seeks to enter the premises, the authorised officer must show the owner or occupier —

such identification card as the Chief Executive Officer may direct to be carried by the authorised officer as proof of his identity; and

some duly authenticated document showing his authority.(4) If the owner or occupier is not present when entry under subsection (3) is sought, but some other person who appears to be in charge of the premises is present, then subsection (3) applies to that other person as if he were the owner or occupier.(5) An authorised officer or authorised person entering the premises under this section may do all or any of the following:

take with him such other persons as may be necessary;

break open any outer or inner door or window leading to the premises;

forcibly enter the premises and every part of the premises;

remove by force any obstruction to the entry;

remove or demolish any fixtures or fittings in the premises if the removal or demolition is necessary for the conduct of any investigation or carrying out of any urgent repairs or works under this section.(6) If the premises are unoccupied at the time of entry, the authorised officer or authorised person must leave the premises as effectually secured against trespassers as he found the premises.(7) Subject to subsection (6), the Board is not liable to compensate the owner or occupier for any loss (including reinstatement costs) incurred by the owner or occupier, or for any damage caused to the premises, as a result of anything done with reasonable care and in good faith under subsection (5)(e).(8) Where the Board has carried out any repairs or works in the premises under this section, the Board may recover from the owner, as a debt due to the Board, the costs incurred by the Board in respect of the repairs or works.(9) The Board must serve a written notice on the owner requiring payment of the costs recoverable under subsection (8), and the owner must make payment within one month after the date of the written notice or within such other period as the Board may specify in the written notice.Financial penalties26C.—

Any financial penalty imposed on any person under this Act or any rules made under this Act must be paid to the Board and is recoverable by the Board as a debt due to the Board from that person.(2) Where a financial penalty is imposed on a person in relation to a licence or lease, the person’s liability to pay is not affected by the licence or lease ceasing, for any reason, to be in force.(3) The Board may, in any case it thinks fit, remit or refund, wholly or in part, any financial penalty payable under this Act or any rules made under this Act.(4) The power of the Board to impose a financial penalty under this Act or any rules made under this Act is exercisable only if the contravention in respect of which the financial penalty is imposed is not an offence under this Act or any of those rules.”.