1971-HKRS28-8-38_Part04 — Page 41

Authenticated Laws 確真本香港法例 All

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(c) detain for not more than seven days any document-

(i) produced pursuant to a requirement under section 5(6)(b); or

(ii) found on any person searched under paragraph (b) of this subsection:

(d) arrest and detain any person if he has reason to suspect that such person has committed an offence under this Ordinances

(e) seize, remove and detain any thing which may be for- feited under this Ordinance or which is or contains evidence of the commission of an offence under this Ordinance:

- ሀር :

may-

(f) board and search any ship, aircraft, vehicle or train (not being a ship of war or a military aircraft), or enter and search any premises or place, if be has reason to suspect that there is therein-

() any person who may be arrested under this Ordin-

adce: or

(ii) any thing which may be seized under this Ordin-

ance

(e) search any person who is or has been or may be arrested or detained under this Ordinance and any property belonging to him or under his control.

(2) For the purposes of this Ordinance, any public officer

(a) break open any outer or inner door of or in any prem- ises or place which he is empowered to enter and search; (b) stop and forcibly board any ship, aircraft, vehicle or

train which he is empowered to board and search;

(c). stop any person whom he is empowered to search: (d) remove by force any person or thing obstructing any arrest, boarding, entry, search, seizure, removal or deten- tion which he is empowered to make;

-(e); detain every person found in any premises or place which he is empowered to search until the same has been searched:

Al

( detain every person on board any ship, aircraft, vehicle or train which he is empowered to search, and prevent any person from approaching or boarding such ship, aircraft, vehicle or traing until it has been searched.

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(3) No female shall be searched under this section except by a female and no person shall be searched under this section in a public place if he objects to being so searched.

(4) Where a document is detained under subsection (1Xc), the person by whom it was produced or on whom it was found shall be supplied with a photographic copy of such document if he so requests and makes payment therefor, and the copy so supplied to a person shall be made in bis presence.

57. (1) Any police officer authorized in writing by the Commissioner of Police may exercise the powers conferred on an immigration officer by section 3(2), section 4(1), section 5(3), (6) or (7), section 11(1) or (2), section 18(1Xa), section 24(1)(a) or (3), section 27, section 32(1) or section 56(1).

(2) An authorization given by the Commissioner of Police under subsection (1) may be given to a police officer by name or may be given to any police officer holding such rank or performing such duties as the Commissioner may specify, and may extent to all the powers specified in subsection (1) or to such of those powers as the Commissioner may specify,

(3) The Commissioner of Police may, after consultation with the Director of Immigration, give such directions as the Director may specify to police officers authorized under this section to exercise any of the powers of an immigration officer.

(4) A police officer shall, in the exercise of any powers which he is authorized under this section to exercise, comply with any directions given by the Commissioner of Police under subsection (3) in addition to complying with directions given by the Governor under section 51(1).

(5) Directions given under subsection (3) shall not be incon- sistent with directions given by the Governor under section 51(1),

(6) In this section. "Commissioner of Police" includes any deputy commissioner of police, senior assistant commissioner of police or assistant commissioner of police.

58. (1) For the purposes of this Ordinance, the officer in command of any of Her Majesty's ships of war and any person under his command may board and search any ship, not exceeding five hundred gross tons and not being a ship of war, which is proceeding through the waters of Hong Kong.

(2) Where the officer in command of one of Her Majesty's ships of war has reason to suspect that any ship not exceeding five hundred gross tons is being or has been used in the commis-

Exercise by police officers of certain powers of immigration officer.

Powers of Her Majesty's naval officers.

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