Page:Chemical Weapons (Convention) Ordinance (Cap. 578).pdf/32

(b) authorizing a member of the Customs and Excise Service or an authorized officer or any other public officer to give such assistance as the in-country escort may request for the purpose of facilitating the conduct of the inspection in accordance with the verification annex,

and the name of the person in charge of the in-country escort shall be stated in the authorization.

(5) An authorization under this section in the case of a challenge inspection shall in addition have the effect of authorizing the observer to exercise within the specified area such rights of access and entry as are conferred on him by the verification annex.

(6) Any member of the Customs and Excise Service or authorized officer or other public officer giving assistance in accordance with subsection (4)(b) may use such reasonable force as he considers necessary for the purpose mentioned in that subsection.

(7) The occupier of any premises or place—

(a) in relation to which it is proposed to exercise a right of entry in reliance on an authorization under this section; or

(b) on which an inspection is being carried out in reliance on such an authorization,

or a person acting on behalf of the occupier of any such premises or place, shall be entitled to require a copy of the authorization to be shown to him by a member of the in-country escort.

(8) The validity of any authorization purporting to be issued under this section in respect of any inspection shall not be called in question before any court at any time before the conclusion of that inspection.

(9) Accordingly, where an authorization purports to be issued under this section in respect of any inspection, no proceedings (of whatever nature) shall be brought at any time before the conclusion of the inspection if they would, if successful, have the effect of preventing, delaying or otherwise affecting the carrying out of the inspection.

(10) If in any proceedings any question arises whether a person at any time was or was not, in relation to any routine, challenge or assistance inspection, a member of the inspection team or a member of the in-country escort or the observer, a certificate issued by or under the authority of the Commissioner stating any fact relating to that question shall be conclusive evidence of that fact.

(11) If an authorization is issued under this section the Commissioner or, in the case of an authorization issued under subsection (1)(b), a magistrate, may issue an amendment varying the specified area, and—

(a) from the time when the amendment is expressed to take effect this section shall apply as if the specified area were the area as varied;