1967-HKRS28-8-34_Part03 — Page 16

Potter of arrest.

5

(2) Where he is satisfied by information on oath that there is reasonable ground for suspecting that there is in any premises used for dwelling purposes anything that is liable to seizure under paragraph (b) of subsection (1), a magistrate may issue his war. rant authorizing such promises to be entered and searched by an authorized officer or any police officer of or above the rank of inspector, and no premises used for dwelling purposes shall be entered or searched under this Ordinance except pursuant to the warrant of a magistrate issued under this subsection.

(3) Any authorized officer or any police officer of or above' the rank of inspector may-

(a) break open any outer or inner door of any place that be is empowered or authorized by or under this Ordinance to enter and search;

(b) forcibly board any vessel, aircraft or vehicle that he is empowered by this Ordinance to board and search: (c) remove by force any person or thing obstructing any detention, search, inspection, seizure or removal that be is empowered by this Ordinance to make:

(d) dotain any person found in any place that he is en- powered or authorized by or under this Ordinance to search until such place has been searched;

(e) detain any vessel or aircraft that he is empowered by this Ordinance to board and search, and prevent any person from approaching or boarding such vessel or air- craft, until it has been searched;

( detain any vehicle that he is empowered by this Ordin-

ance to search until it has been searched; and

(g) search the person and property and effects of any per- son whom he reasonably suspects of being guilty of an offence under this Ordinance;

Provided that no person shall be searched except by a person of the same sex, and provided that no person shall be searched in a public place if he objects to being so searched.

11. (1) Any authorized officer, in addition to the other powers conferred by this Ordinance, may arrest without warrant any person whom he reasonably suspects of being guilty of aa offence under this Ordinance.

(2) Any person who is arrested by an authorized officer under this section shall be delivered into the custody of the officer in charge of a police station within twelve hours of his arrest unless in the meantime, such person has been brought before a magistrate or released.

(3) When any such person is delivered into the custody of the officer in charge of a police station, the provisions of section 52 of the Police Force Ordinance shall apply.

(4) Where any person forcibly resists the endeavour of any authorized officer to arrest him or attempts to evade the arrest, the authorized officer may use all means necessary to effect the arrest.

(5) Where any authorized officer who is in pursuit of any person to be arrested has reason to believe that the person has entered into or is in any place, the person residing in or in charge of the place shall, on demand of the authorized officer, allow him free ingress thereto and afford all reasonable facilities for search therein for the person.

12. The Governor in Council may by order amend the Schedule.

13. Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen. Her Heirs or Succes- sors, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them.

(Cap. 232)

Amendment of Schedule.

Saving

14. The Protection of Non-Government Certificates of Repeal.

(Cap. 3243 Origin Ordinance is repealed.

SCHEDULE.

CHAMBERS OF COMMERCE AND OTHER BODIES TO WHOSE CERTIFICATES OF ORIGIN THE ORDINANCE APPLIES.

The Chinese Manufacturers' Association of Hong Kong.

The Federation of Hong Kong Industries.

The Hong Kong General Chamber of Commerce. The lodian Chamber of Commerce.

[ss. 2 & 12,]

This printed impression has been carefully compared by me with the Bill which passed the Legislative Council on the 6th day of September, 1967, and is found by me to be a true and correctly printed copy of the said Bill.

(Secretariat CR 7/5401/6311)

Have

Deputy Clerk of Councils.