1989 Ed.]
Dutiable Commodities
[CAP. 109
22
29
A member of the Customs and Excise Service or police officer either permit his person, goods and baggage to be searched by such member or officer or together with his goods and baggage accompany such member or officer to a place appointed by the Commissioner or to the office of the Commissioner or to a police station and there permit his person, goods and baggage to be searched by any member of the Customs and Excise Service or police officer in the presence or under the supervision of a member of the Customs and Excise Service not below the rank of revenue inspector or a police officer not below the rank of inspector: (Amended 46 of 1977 s. 17; L.N. 294 of 1982)
Provided that--
(a) no female person shall be searched except by a female; and
(b) the goods and baggage of any person who wishes to be present when they are searched shall not be searched except in his presence.
(2) Any member of the Customs and Excise Service or police officer may make the searches authorized by this section and any person who refuses to comply with any lawful demand under this section may be arrested without warrant by the officer making the demand.
34. Examination of articles (other than baggage) on shore, ship, etc.
Any box, chest, package or other article, other than passenger's baggage accompanied by the owner thereof, which is being landed from or is being embarked on any ship, aircraft, vehicle or train or has been landed therefrom or is in or on board thereof, or which is on or is being removed from or on to any island, landing place, wharf, warehouse, platform or place adjoining thereto or used in connection therewith, or which is being brought into or which is being taken out of or has been brought into Hong Kong by land, sea or air-
(a) may be examined and searched by any member of the Customs and Excise Service and may be detained until any person in charge thereof has opened the same for such examination and search, and if not so opened may be removed by such member of the Customs and Excise Service to such place as the Commissioner may direct;
(b) may be broken open by the orders of any member of the Customs and Excise Service authorized by the Commissioner in that behalf either generally or for a particular occasion, or of any police officer not below the rank of inspector, for such examination and search:
Provided that any person in charge or possession of such box, chest, package or other article shall be given every reasonable facility for being present at such breaking, examination and search.
(Amended L.N. 294 of 1982)
Page 30
Page 31