1989 Ed.]

Customs and Excise Service

[CAP. 342

9

(c) the punishment of a subordinate officer for any disciplinary offence or where he is found guilty of or pleads guilty to a criminal offence as defined in section 14(2);

(d) the rights of appeal of a subordinate officer-

(i) found guilty of a disciplinary offence; or

(ii) punished,

under rules made under this section and the review by the Commissioner of findings made and punishments awarded.

(2) Rules made under paragraph (d) of subsection (1) may authorize the Governor to delegate to the Secretary for the Civil Service, or to a public officer not below the rank of Secretary, the determination of an appeal referred to in that paragraph.

(Part III replaced 46 of 1977 s. 7)

PART IIIA

GENERAL POWERS AND DUTIES OF MEMBERS

17. When members to be deemed on duty

A member who is off duty shall be deemed to be on duty whenever he encounters circumstances which would require him, if actually on duty, to act in enforcing this Ordinance or any of the Ordinances specified in Schedule 2.

(Amended 66 of 1989 s. 5)

17A. General powers of arrest and search

(1) A member may, without warrant, stop and search and arrest any person whom he may reasonably suspect of having committed an offence against this Ordinance or an Ordinance specified in Schedule 2. (Amended 66 of 1989 s. 6)

(2) If any person resists, or attempts to evade, search or arrest by a member, whether effected under this Ordinance or any other power, the member may use such force as is reasonably necessary to effect the search or arrest.

(3) Where a member has arrested any person the member may search for and take possession of any thing found on his person or in or about the place at which the person has been arrested and which the member may reasonably suspect is related to or connected with the offence for which the person has been arrested or may throw light on the character or activities of that person or any associate of his.

(4) A person may be searched only by a member who is of the same sex.

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