1980-HKRS28-16-28_Part05 — Page 22

Authenticated Laws 確真本香港法例 All

Power 10 Betol sond

sold for erDOTË. [cf. 1968 c. 2. *. 12)

Appolaren

of motherland

OLCONI

Power to cater prends and

insped and

mire moods and documeda.

Jef. 1968 «. 29,

8

(b) the goods are not intended for trade or business.

(3) This section shall not apply to any goods in transit.

13. In relation to goods which are intended for despatch to a destina. tion outside Hong Kong, section 7 shall apply as if there were omitted from the matters included in the definition of "trade description" n section 2 those specified in paragraph (a) thereof, and, if the Governor by order specifies any other of those matters for the purposes of this section with respect to any description of goods, section 7 shall apply, in relation to goods of that description which are intended for despatch to a destination outside Hong Kong, as if the matters so specified were also omitted from those included in the definition of "trade description" in section 2.

PART III

ENFORCEMENT

14 (1) The Director may appoint any public officer to be an authorized officer for the purposes of this Ordinance.

(2) The Director may exercise any of the powers conferred on an authorized officer under this Ordinance.

15. (1) An authorized officer may, on production, it required, of cvidence of his appointment-

(a) make such purchases of goods as may appear expedient for the purpose of determining whether or not the provisions of this Ordinance are being complied with;

(b) for the purpose of ascertaining whether any offence under this Ordinance bas been or is being committed, inspect any goods and cuter any premises other than domestic premises;

(c) if he has reasonable cause to suspect that an offence under this Ordinance has been committed, seize or detain any goods for the purpose of ascertaining, by testing or otherwise, whether the offence has been committed;

(4) if he has reasonable causo to suspect that an offence under this Ordinance has beco committed and for the purpose of ascertain- ing whether it has been committed, require any person carrying on a trade or business or employed in connexion with a trade or business to produce any books or documents relating to the trade of business and may take copies of, or of any entry in, any such book or document

(e) in the case of any premises, vehicle, vessel (other than a ship of war) or aircraft (other than a military aircraft) in which he has reasonable cause to suspect that there are goods in respect of which an offence under this Ordinance has been or is being conunited--

(i) subject to section 16, enter and search such premises;

(i) stop and search such vehicle; or

(i) stop, board and search such vessel or aircraft;

( scize, remove or detain-

() any goods in respect of which he has reasonable cause to suspect an offence under this Ordinance has been or is being committed: and

9

(if) anything which be has reason to believe may be required as evidence in proceedings for an offence under this Ordinance.

(2) An authorized officer may-

(a) break open any container or open any vending machine for the purpose of exercising his powers under subsection (100) to seize goods;

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

(c) forcibly board any vessel or aircraft which he is empowered by

this Ordinance to stop, board or search;

(d) remove by force any person or thing obstructing him in the

exercise of any power conferred on him by this Ordinance;

(e) detain any person found in any premises which he is empowered or authorized by or under this Ordinance to search until such place has been so searched,

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 so searched;

(g) detain any vehicle which he is empowered by or under this

Ordinance to slop and search until it has been so searched.

16, (1) No domestic premises shall be entered and searched by an Resulodons on authorized officer unless-n

(a) a magistrate has issued a warraut under subsection (2); or (8) the Director has given an authorization under subsection (3).

(2) A magistrate may, if he în satisfied by information on oath that there is reasonable ground for suspecting that there is in any domestic premises any goods or thing which may be seized, removed or detained under section 15(000), issue a warrant authorizing an authorized officer to cater and search the premises.

(3) The Director May, if he is satisfied that there is reasonable ground for suspecting-

(c) that there is in any domestic premises any goods or thing which may be seized, removed or detained under section 15(1))); and (b) that unless the premises are entered and searched immediately such goods or thing are likely to be removed from the premises, authorize in writing an authorized officer to enter and search the premises.

(4) An authorized officer authorized under subsection (2) or (3) to enter and search any domestic premises may take with him such other persons and such equipment as may appear to him to be necessary.

the curry and susanch of

desig premies.

Odences of and disclosure

obarrueton

of InformatiCA .. fel. 1968 m. 2.

17. (D) Without prejudice to any other Ordinance, say person who- (a) wilfully obstructs an authorized officer in the exercise of his powers or the performance of his duties under this Ordinance: (6) wilfully fails to comply with any requirement properly made to A 29.1

him by any such authorized officer; or

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