A188
Ord. No. 46/77
Power to enter and search for suspects.
Action after arrest.
(Cap. 232.)
Saving of
other powers.
PREVENTIVE SERVICE (AMENDMENT)
17B. (1) If a member reasonably believes that- (a) a person whom he intends to arrest has entered
into or is in any premises; and
(b) in order to effect the arrest it is necessary to enter
and search those premises,
he may request any person having apparent control of such premises or residing therein to allow him and any person acting in his aid free entry thereto and to take all reasonable measures to facilitate the search.
(2) If-
(a) paragraphs (a) and (b) of subsection (1) apply; and (b) entry to the premises cannot be obtained under
subsection (1); and
(c) the offence for which the member intends to effect the arrest is an arrestable offence and a person having apparent control of the premises or residing therein has been so informed if it is possible and practicable in the circumstances to do so,
the member and any person acting in his aid may enter the premises and search for the suspect.
(3) Any person having apparent control of premises referred to in subsection (1) or residing therein shall, upon request by a member and being informed that the offence for which the member intends to effect the arrest is an arrestable offence, allow the member and any person acting in his aid free entry thereto and take all reasonable steps to facilitate the search.
(4) A member, and any person acting in his aid, may break open any outer or inner door or window of premises if it is necessary to do so in order to enter or leave any premises which he is authorized to enter by virtue of this section or any other enabling power.
(5) In this section-
"arrestable offence" means an offence for which the sentence is fixed by law or for which a person may under or by virtue of any law be sentenced to imprisonment for a term exceeding 12 months, and an attempt to commit any such offence;
"premises" means any place on land, and any vehicle, vessel,
train, tram or aircraft.
17C. (1) Subject to subsection (2), a member who arrests any person, whether under this Ordinance or any other enabling power, may take him to an office of the Customs. and Excise Service for further inquiries and, subject thereto, shall take him to a police station to be dealt with in ac- cordance with the Police Force Ordinance.
(2) No person shall be detained for more than 48 hours from the time he is arrested without being charged and brought before a magistrate.
17D. The powers conferred upon a member by this Part are additional to those conferred on him by any other law.