1987 Ed.]
Weights and Measures
[CAP. 68
11
(i) in the case of premises other than a vehicle or vessel, enter and search any such premises;
(ii) in the case of a vehicle or vessel, stop, board, detain, enter and search any such vehicle or vessel.
(2) For the purposes of subsection (1), an authorized officer may-
(a) inspect, or cause to be inspected, any weighing or measuring equipment;
(b) examine the quantity of any goods and, where necessary, break open any container to establish the quantity of the contents;
(c) seize, remove and detain-
(i) any weighing or measuring equipment or goods with respect to which the authorized officer may have reasonable cause to believe that an offence referred to in subsection (1) is being or has been committed; or
(ii) any other thing which may appear to the authorized officer likely to be, or to contain, evidence of any such offence;
(d) require any person in possession or control of any weighing or measuring equipment or goods to furnish information relating to such equipment or goods as may be reasonably required for the purposes of this Ordinance.
(3) Where an authorized officer enters and searches any premises under subsection (1), he may arrest or detain for further enquiries any person found therein whom he reasonably suspects is committing or of having committed any offence referred to in that subsection.
(4) An authorized officer who arrests any person under subsection (3) shall forthwith take the person to a police station or, if in the opinion of that authorized officer further enquiries are necessary, first to an office of the Customs and Excise Department and then to a police station, there to be dealt with in accordance with the provisions of the Police Force Ordinance; but in no case shall any person be detained for more than 48 hours without being charged and brought before a magistrate.
(5) If any person forcibly resists or attempts to evade arrest under subsection (3), the authorized officer may use such force as is reasonably necessary to effect the arrest.
25. (1) Subject to section 26, no premises shall be entered and searched by an authorized officer unless-
(a) a magistrate has issued a warrant under subsection (2); and
(b) it is necessary to do so for the purpose of investigating, or in order to prevent the commission of, an offence referred to in section 24(1).
(Cap. 232.)
Restrictions upon exercise of powers of entry and search.