Section 47
Power to take action
No fine or punishment imposed under this Ordinance shall affect or prejudice the powers of the water supply authority under section 34 nor shall anything in this Ordinance be held to prevent proceedings by civil suit against any person for damage caused to any waterworks, or to prevent any person from being prosecuted criminally for an offence in respect of any waterworks.
Authorized officers 47A.―(1) The powers of investigation of offences under this
Ordinance or regulations made thereunder and to enforce the provisions thereof shall be vested on―
(a)
any public officer of officer of a water supply authority duly authorized in writing by the State Water Authority to exercise such powers (“the authorized officer”). and
(b)
any police officer not below the rank of Sergeant (“a police officer”).
(2)
In exercising any of the powers of enforcement under this
Ordinance, an authorized officer shall on demand produce and show to the person against whom he is acting the authority issued to him under subsection (1)(a).
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Power of arrest 47B.―(1) Any offence under section 29A, 40, 41, 42A or under regulation 157 of the Water Supply Regulations, 1995 [Swk. L.N.
50/95] shall be a seizable offence within the meaning of the Criminal
Procedure Code [Act 593].
(2)
Any authorized officer or any police officer may, without a warrant, arrest any person reasonably suspected of having been concerned in any such seizable offence or if the person refuses to give his name and residence, or gives a name or residence which there is reason to believe is false, or if there is reason to believe that he will abscond.
(3)
Every officer making an arrest under this section shall, without unnecessary delay, take or send the person or, if the offence is compoundable under section 46A, to a person empowered under that section to compound the offence:
Provided that, in the latter case, if the arrested person refuses to compound the alleged offence, he shall forthwith be sent to the officer in charge of the nearest police station.
(4)
Where the person arrested under this section is required, for purposes of investigation, to be detained for more than twenty-four hours the provisions of section 47F shall apply.
(5)
Whenever any authorized officer has reasonable cause to suspect that an offence under this Ordinance or regulations made thereunder has been committed, he may search any conveyance, building or facility under the control of the suspect, his agents or servants.
Power to investigate 47C.―(1) An authorized officer or any police officer in charge of a police station may carry out investigation into any offence under this Ordinance or regulations made thereunder and in carrying out such investigation, the authorized officer may exercise all or any of the special powers in relation to police investigation in seizable cases provided in the Criminal Procedure Code [Act 593].
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(2)
Any authorized officer may by order in writing require the attendance before himself of a person who appears to be acquainted with the facts and circumstances of that case or is suspected of being concerned with the offence under investigation.
(3)
If the person who is ordered to attend fails to comply therewith, the authorized officer may report such failure to Magistrate who shall issue a warrant to secure the attendance of that person.
Examination of person acquainted with case 47D.―(1) An authorized officer making an investigation under section 47C may examine orally any person who may be acquainted with the facts and circumstances of the case.
(2)
The person shall be legally bound to answer all questions relating to the case put to him by the authorized officer, but the person may refuse to answer any question the answer to which would have a tendency to expose him to a criminal charge or penalty or forfeiture.
(3)
A person making a statement under this section shall be legally bound to state the truth, whether or not the statement is made wholly or partly in answer to questions.
(4)
The authorized officer obtaining information from a person shall first inform that person of the provisions of subsections (2) and
(3)
.
(5)
A statement made by a person under this section shall, whenever possible, be reduced into writing and signed by the person making it or affixed with his thumb print, as the case may be, after it has been read to him in the language in which he made it and after he has been given an opportunity to make any corrections he may wish.
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Admissibility of statement in evidence 47E.―(1) If any person is charged with an offence under this
Ordinance or any regulations made thereunder,any statement, whether the statement amounts to a confession or not or whether it is oral or in writing, made at any time, whether before or after the person is charged and whether in the course of an investigation under this
Ordinance or not and whether or not wholly or partly in answer to questions, by that person to or in the hearing of an authorized officer and whether or not interpreted to him by another officer or any other person, shall be admissible in evidence at his trial and, if the person charged tenders himself as a witness, any such statement may be used in corss-examination and for the purpose of impeaching him.
(2)
No statement referred to in subsection (1) shall be admissible or used in any criminal proceedings―
(a)
if the making of the statement appears to the Court to have been caused by any inducement, threat person proceeding from a person in authority and sufficient in the opinion of the
Court to give the person charged grounds which would appear to him reasonable for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him; or
(b)
in the case of a statement made by the person after his arrest, unless the Court is satisfied that he was cautioned by any authorized officer or a police officer of or above the rank of
Inspector in the following words or word to the like effect:
“It is my duty to warn you that you are not obliged to say anything or to answer any question, but anything you say, whether in answer to question or not, may be given in evidence.”.
(3)
A statement made by a person before there is time to caution him shall not be rendered inadmissible in evidence merely by reason of his not having been cautioned if he is cautioned as soon as possible after that.
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Where investigation cannot be completed within twenty-four hours 47F.―(1) Whenever any person who is arrested under section 47B or whose attendance is secured by a warrant under section 47C(3)
in connection with an offence, and the investigation cannot be completed within the period of twenty-four hours and there are reasonable grounds for believing that the accusation or informationagainst him is well-founded, the authorized officer investigating the case may deliver him to the nearest police station to be released on a bond or police bail or to be detained thereat pending arrangement to produce the person before a Court competent to try the offence.
(2)
Where a person is brought before a Court under subsection
(1)
, the authorized officer investigating the case shall comply with section 117(1) of the Criminal Procedure Code [Act 593], and the
Court shall have such powers over that person as are prescribed in section 117(2) of that Code.
[Ins. Cap. A126.]