Power of
enity, search
kad veizure
and to sxwotos documents.
10. (1) Subject to subsection (2), any member of the Customs and Excise Service and any authorized officer may, for the purposes of this Ordinance
(a) enter and search any premises (other than domestic premises), or stop, board and search any vessel, aircraft or vehicfe, if he bas reason to suspect that there is therein-
✪ any reserved commodity in respect of which an offence under this Ordinates is being or has been committed; or
(@) any thing which is or contains evidence of an offence under Ibis Ordinance;
(6) stop and search any person if he has reason to suspect that such
person is guilty of an offence under this Ordinance;
(c) scize, cemove and detaio-
(i) any reserved commodity, if he has reason to suspect that an offence under this Ordinance is being or has beca committed in respect thereof; and
f any thing, if he has reason to suspect that it is or contains evidence of an offence under this Ordinance,
(d) enter and inspect any registered premises or any premises in which a reserved commodity is stored or kept by a person who is registered or to whom a licence or permit has been issued and eater any premises for the purposes of paragraph (c)
(e) require the production of and examine any document relating to a reserved commodity in the possession of any person who is registered, or to whom a licence or permit has been issued, in respect of such reserved commodity or to dealings by him in such reserved commodity.
(2) No domestic premises shall be entered or searched by a member of the Customs and Excise Service or any authorized officer unless-
(a) a magistrate has issued a warrant under subsection (3); or (6) the Director or a member of the Customs and Excise Service of or above the rank of assistant superintendent has given an authorization under subsection (4).
(3) A magistrate may, if he is satisfied by information on oath that there is reasonable ground for suspecting that there is to any domestic premises any reserved commodity or other thing which may be seized under subsection (1)(c), issue a warrant authorizing any member of the Customs and Excise Service or an authorized officer to enter and search the premises.
(4) The Director or a member of the Customs and Excise Service of or above the rank of assistant superintendent may, if he reasonably suspects—
(a) that there is in any domestic premises anything which may be
scized under subsection (1c), and
(8) 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 Customs and Excise Service or an authorized officer to enter and search the premises.
(5) A member of the Customs and Excise Service or an authorized officer authorized under subsection (3) or (4) to enter and search any domestic premises may call upon any member of the Customs and Excise Service or any authorized officer to assist him in entering and searching the premises.
3
(6) Any member of the Customs and Excise Service or any authorized officer may-
(a) use such force as is reasonably necessary to enter any premises which he is empowered by or under this Ordinance to enter and search;
(b) use such force as is reasonably necessary to stop, board and search any vessel, aircraft or vehicle which he is empowered by this Ordinance to stop, board and starch;
(c) use such force as is reasonably necessary to remove any person or thing obstructing him sa the exercise of any power conferred on him by or under this Ordinance;
(d) detain any person found in any premises which be is empowered by or under this Ordinance to search until such premises havo been searched;
(e) prevent any person from approaching, boarding or leaving any Vessel, aircraft or vehicle which he is empowered by this Ordin- ance to stop. board and search until it has been searched.
(7) No person shall be searched under this section except by a person of the same sex or in a public place if he objects to being searched in such a place,
members of
11. (1) Any member of the Customs and Excise Service and any Power of authorized officer may, subject to subsection (2), arrest, or detain for area of further inquiries, without warrant any person whom he reasonably suspects the Customs of having committed any offence under this Ordinance.
and Exclse Servloe and
(2) Any member of the Customs and Excise Service and any subred authorized officer who arrests any person under subsection (1) shall, after offen, any necessary inquiries, lake the person to a police station, there to be dealt with in accordance with the Police Force Ordinance.
(3) In no case shall any person be detained under subsection (1) or (2) for more than 48 hours without being charged and brought before a magistrate.
(4) If any person forcibly resists or attempts to evade arrest under this section, a member of the Customs and Excise Service or an authorized officer may use such force as is reasonably necessary to effect the arrest.
(5) 16 any member of the Customs and Excise Service or any authorized officer has reason to believe that a person whom he intends to arrest (hereinafter in this section referred to as the suspected offender) has entered into or is in any place or premises, any person residing in or in charge of such place or premises shall, on demand by the member or authorized officer, allow him free entry thereto and afford all reasonable facilities to search for the suspected offender therein and if the person residing in or in charge of such premises fails to allow such member of The Customs and Excise Service or such authorized officer free catry Thereto and such reasonable facilities such member of the Customs and Excise Service and such authorized officer may enter such premises or place and search therein for the suspected offender and for the purposes of such entry and search break open any outer or inner door of window of the premises or place.
(Owp. 232.)
obractica
of member of Customs and
12. Any person who obstructs a member of the Customs and Excise Service or an authorized officer in the exercise of any power or the per- formance of any duty conferred or imposed on members of the Customs Excise Service and Excise Service or authorized officers by this Ordinance shall be guilty of an offence and shall be liable on conviction to a fine of $10.000 and to imprisonment for 6 months,
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