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THE HONGKONG GOVERNMENT GAZETTE, JUNE 30, 1916.
Powers of officer executing warrant.
Search without
warrant by European officer in cases of
urgency.
Process on holidays.
Unclaimed poison and hypodermic appliances.
Ordinance, he may by his warrant directed to any police or revenue officer empower such officer by day or by night,-
(a.) to enter such place, or to go on board such ship, and there to search for and take possession of any such poison, syringe or appliance in such dwelling-house, shop, building, place, or ship;
and
(b.) to arrest any person being in such place, or ship, in whose possession, custody or control such poison, syringe or appliance may be found, or whom such officer may reasonably suspect to have concealed or deposited any such poison, syringe or appliance in such place, or ship, or thereabout; and
(c.) to arrest any person named in such warrant.
(2.) Such officer may, if necessary :—
(a.) break open any outer or inuer door of such
place, and enter therein;
(b.) forcibly enter such ship and every part thereof; (e.) remove by force any obstruction to such entry, search, seizure and removal as he is empowered to effect;
(d.) detain every person found in such place, or on board such ship, until such place or ship has been searched ;
(.) seize and detain any such poison found in such
place or ship; and
(f.) seize and detain any such poison found in the possession of any of the persons against whom such warrant has been issued in any place whatsoever within the Colony.
(3.) Whenever it appears to any European police officer not below the rank of sergeant, or to any European police or revenue officer generally or specially authorized in writ- ing by the Captain Superintendent of Police or the Super- intendent of Imports and Exports respectively, that there is reasonable cause to believe that in any place, or on board any ship, not being or having the status of a ship of war, there is concealed or deposited any poison for the time be- ing included in Part III of Schedule A hereto, or any such syringe or appliance as is mentioned in sub-section (1) of this section, in respect of which an offence has been com- mitted, and he shall have reasonable ground for believing that by reason of the delay in obtaining a search warrant the poison, syringe or appliance is likely to be removed, the said officer in virtue of his office may exercise in, upon and in respect of such place, or on board such ship, all the powers mentioned in sub-sections (1) and (2) of this section in as full and ample a manner as if he were empowered to do so by warraut issued under sub-section (1) of this section,
22. All informations to be laid, and all warrants issued and all arrests and seizures to be made under this Ordi- nance may be had or done on any day including holidays.
23.-(1.) When any poison for the time being included in Part III of Schedule A hereto, or any hypodermic syringe or other appliance capable of being used for inject- ing any such poison is found without being apparently in the possession of any person or when it is proved to the satisfaction of the magistrate that it is not possible to proceed against any individual with respect to any offeuce against this Ordinance by reason of the fact that the offend- er is out of the jurisdiction or cannot be found, the ma- gistrate may cause a notice in English and Chinese to be affixed to the place where such poison, syringe or appliance has been found or where it is known to be stored calling upon the owner thereof to claim the same.
(2.) If no person makes such claim within one week from the affixing of such notice, or if any such claim is made within one week but is not subsequently substantiated to the satisfaction of a magistrate, such poison, syringe or appliance shall be forfeited and dealt with as the magistrate may direct.