1977-HKRS28-16-25_Part03 — Page 10

Power to moder and search for suspecti

Amboa after BOEU

(Cap. 231)

Saving of

other poweru.

178. (1) If a member reasonably believes that—

(a) a person whom he intends to arrest has entered

into or is in any premises; and

(b) in order to effect the arrest it is necessary to enter

and search those premises,

he may request any person having apparent control of such premises or residing therein to allow him and any person acting in his aid free entry thereto and to take all reasonable measures to facilitate the search.

(2) 1-

(a) paragraphs (a) and (b) of subsection (1) apply; and (b) entry to the premises cannot be obtained under

subsection (1); and

(c) the offence for which the member intends to effect the arrest in an arrestable offence and a person having apparent control of the premises or residing therein has been so informed if it is possible and practicable in the circumstances to da sò,

the member and any person acting in his aid may enter the premises and search for the suspect.

(3) Any person having apparent control of premises referred to in subsection (1) or residing therein shall, upon request by a member and being informed that the offence for which the member intends to effect the arrest is an arrestable offence, allow the member and any person acting in bis aid free entry thereto and take all reasonable steps to facilitate the search.

(4) A member, and any person acting in his aid, may break open any outer or inner door or window of premises if it is necessary to do so in order to enter or leave any premises which he is authorized to enter by virtue of this Bection or any other enabling power,

(5) In this section-

"arrestable offence" means an offence for which the sentence is fixed by law or for which a person may under or by virtue of any law be sentenced to imprisonment for a term exceeding 12 months, and an attempt to commit any such offence;

"premises” means any place on land, and any vehicle, vessel,

train, tram or aircraft.

17C. (1) Subject to subsection (2), a member who arrests any person, whether under this Ordinance or any other enabling power, may take him to an office of the CustomA and Excise Service for further inquiries and, subject thereto. shall take him to a police station to be dealt with in ac- cordance with the Police Force Ordinance.

(2) No person shall be detained for more than 48 hours from the time he is arrested without being charged and brought before a magistrale.

170. The powers conferred upon a member by this Part are additional to those conferred on him by any other Jaw,

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PART 101B

OFFENCES AND PENALTIES

17E. Any person who makes or gives or causes to be made or given to a member in the performance of his duty any report, accusation, statement of information which he knows to be false or misleading commits an offence,

or

17F. Any person who wilfully assaults, resists obstructs any member acting in the execution of his duty commits an offence.

17G. Any person who, not being a member of the Customs and Excise Servicę, knowingly wears the uniform of that Service or any dress having the appearance or bearing any of the distinctive marks of such uniform, without the permission of the Commissioner, commite an offence,

17H. Any person who, on ceasing to be a member of the Customs and Excise Service, refuses or neglects forth- with to deliver up to a member authorized to receive them his warrant card, uniform, arms and other accoutrements or Government property which may be in his possession com- mits an offence.

171 Any person who commits an offence under section 178. 17F. 176 or 17H is liable to a fine of $5,000 an imprisonment for 6 months.".

Section 18 of the principal Ordinance is amended by substituling Amendmear of

a semicolon for the full stop at the end thereof and adding the following doo 16. new paragraphs-

(p. 201. sub, lec)

"(c) gifts directed by the Secretary for the Civil Service or the Commissioner pursuant to regulation 93Hɗ) of the Acceptance

of Advantages Regulations to become part of the Customs and Excise Service Welfare Fund;

(d) all fines imposed upon members for disciplinary offences.".

10. Section 19 of the principal Ordinance is repealed and replaced Repeal and

by the following--

of Fund.

19. The Customs and Excise Service Welfare Fund shall be controlled by the Commissioner, subject to reg ulations made under section 22, and applicd-

(a) for the purpose of procuring comforts, convenience and other benefits, which are not chargeable to public revenue, for, and

(b) in granting loans to,

members or former members who have retired on pension, gratuity or other allowance or, where any member or any such former member has died, any person who was wholly or partially dependent on him at the time of bis death”.

replacement of section 19,

11. Section 21 of the principal Ordinance is repealed and replaced Amendbent of by the following—

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21. (1) A member shall not be liable for damages for, or in consequence of, any act done or omitted by him while he is exercising in good faith and in the course of his duty any power conferred upon him by law.

vection 21.