1970-HKRS29-8-37_Part04 — Page 40

Restrictions

upon exercisa

of special powers of

members of the

Preventive

Service, etc.

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(2) Any member of the Preventive Service and any authorized officer may seizo—

(a) any article--

(i) in respect of which he reasonably suspects that an offence has been committed under this Ordinance; or

(ii) which he reasonably suspects to be, or to contain, evidence of the commission of such an offence; and

(b) any vessel which has a tonnage not exceeding two hundred and fifty gross tons and any vehicle, if he reasonably suspects such vessel or vehicle to have been used in connexion with the commission of an offence under this Ordinance.

(3) Subject to section 22, any member of the Preventive Service or any authorized officer may enter and search any pre- mises or place connected with the manufacture, processing. production, storage, distribution or sale of any article in respect of which a licence has been issued under this Ordinance.

(4) The owner of any article, licence or other document seized by a member of the Preventive Service or an authorized officer under this section may, on application to the Director and subject to such conditions as the Director may impose, photograph or make any other form of copy of the seized article, licence or document.

22. (1) No domestic premises shall be entered and searched by a member of the Preventive Service or an authorized officer unless

(e) a magistrate has issued a warrant under subsection (2):

or

() a member of the Preventive Service of or above the rank of Chief Revenue Inspector or an officer of the Commerce and Industry Department of or above the rank of Assistant Director of Commerce and Industry has given an authorization under subsection (3).

(2) A magistrate may, if he is satisfied by information on oath that there is reasonable ground for suspecting that there is in any domestic premises any thing which may be seized under section 21, issue a warrant authorizing a member of the Preventive Service or an authorized officer to enter and search the premises.

(3) A member of the Preventive Service of or above the rank of Chief Revenue Inspector or an officer of the Commerce and

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Industry Department of or above the rank of Assistant Director of Commerce and Industry may, if he reasonably suspects-

(a) that there is in any domestic premises any thing which

may be seized under section 21; and

(6) that unless the premises are entered and searched immediately such thing is likely to be removed from the premises.

authorize in writing a member of the Preventive Service or an authorized officer to enter and search the premises.

(4) A member of the Preventive Service or an authorized officer authorized under subsection (2) or (3) to enter and search any domestic premises may call upon any member of the Preventive Service and any authorized officer to assist him in entering and searching the premises.

(5) No vessel which has a tonnage exceeding two hundred and fifty gross tons shall be detained under subsection (1) of section 21 for more than twelve hours without the consent of the Colonial Secretary, who may, by order in writing under his hand, detain such a vessel for further periods of not more than twelve hours each.

(6) No aircraft shall be detained under subsection (3) of section 21 for more than six hours without the consent of the Colonial Secretary, who may, by order in writing under his hand, detain an aircraft for further periods of not more than six hours anh.

(7) Any order made by the Colonial Secretary under sub- section (5) or (6) shall state the times from which and for which the order shall be effective.

23. (0) Any member of the Preventive Service and any authorized officer may, subject to subsection (2), arrest or detain for further inquiries without warrant any person whom he reason- ably suspects of having committed any offence under this Ordinance.

(2) Any member of the Preventive Service and any authorized officer who arrests any person under subsection (1) shall take the person to a police station or, if further inquiries are necessary, first to the office of the Commissioner of the Preven- tive Service and then to a police station, there to be dealt with in accordance with the provisions of the Police Force Ordinance:

Provided that in no case shall any person be detained for more than forty-eight hours without being charged and brought before a magistrate.

(3) If any person forcibly resists or attempts to evade arrest under this section, the member of the Preventive Service or the

Powers of arrest of authorized officers and members of the Preventive Service.

(Cap. 231.}