1973-HKRS28-16-21_Part01 — Page 11

Authenticated Laws 確真本香港法例 All

Restrictions

on the entry and search of domestic premises.

in which he reasonably suspects that there is an infring- ing copy of a work or other subject matter in which copyright subsists under the Act or this Ordinance or a plate used or intended to be used for making infringing copies of any such work or other subject matter; and (b) seize, remove or detain-

(i) any article which appears to him to be an infring- ing copy of a work or other subject matter in which copyright subsists under the Act or this Ordinance or any plate which appears to him to be intended for use for making infringing copies of any such work or other subject matter; and

(ii) anything which appears to him to be or to contain. or to be likely to be or to contain, evidence of an offence under the Act or this Ordinance.

(2) Any police officer not below the rank of Inspector or any authorized officer may-

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

(b) forcibly board any vessel, aircraft or vehicle which he is empowered by this Ordinance to stop, board and seatch; (c) remove by force any person or thing obstructing him in The exercise of any power conferred on him by this Ordinance:

(4) detain any person found in any place which he is em- powered or authorized by this Ordinance to search until such place has been searched;

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

(f) detain any vehicle which he is empowered by this Ordin- ance to stop and search until it has been searched.

7. (1) No domestic premises shall be entered and searched by a police officer or an authorized officer unless-

(u) a magistrate has issued a warrant under subsection (2); or (b) the Director 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 article which may be seized, removed

5

or detained under section 6(1)(b), issue a warrant authorizing a police officer not below the rank of Inspector or an authorized officer to enter and search the premises.

(3) The Director may, if he is satisfied that there is reason- able ground for suspecting-

(a) that there is in any domestic premises any article which may be seized, removed or detained under section 6(1)(b); and

(b) that unless the premises are entered and searched im- mediately such thing is likely to be removed from the premises.

authorize in writing a police officer not below the rank of Inspector or an authorized officer to enter and search the premises,

(4) A police officer not below the rank of Inspector or an authorized officer authorized under subsection (2) or (3) to enter and search any domestic premises may call upon any police officer or any authorized officer to assist him in entering and searching the premises.

8. (1) Without prejudice to any other Ordinance, any person who—

(0) wilfully obstructs a police officer or an authorized officer in the exercise of his powers or the performance of his duties under the Act or this Ordinance:

(b) wilfully fails to comply with any requirement properly made to him by any such police officer or authorized officer: or

(c) without reasonable excuse, fails to give such police officer or authorized officer any other assistance which he may reasonably require to be given for the purpose of exercis- ing his powers or performing his duties under the Act or this Ordinance,

shall be guilty of an offence and shall be liable on conviction to a fine of five thousand dollars and to imprisonment for three months.

(2) Any person who, when required to give information to a police officer or to an authorized officer in the exercise of his powers or the performance of his duties under the Act or this Ordinance, knowingly gives false or misleading information to any such police officer or authorized officer shall be guilty of an offence and shall be liable on conviction to a fine of five thousand dollars and to imprisonment for three months.

Obstruction of investigating

officers.

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.