A54
Ord. No. 12/78
Power of arrest of members of the Customs and Excise Service and authorized officers.
(Cap. 232.)
Obstruction
of members of Customs and
Excise Service etc.
Appeal to the Governor.
Revocation of Import and
Export
(Reserved
Commodities)
Regulations.
(Cap. 60, sub. leg.)
RESERVED COMMODITIES
(e) prevent any person from approaching, boarding or leaving
vessel, aircraft or vehicle which he is empowered by this Orum- 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.
11. (1) Any member of the Customs and Excise Service and any authorized officer may, subject to subsection (2), arrest, or detain for further inquiries, without warrant any person whom he reasonably suspects of having committed any offence under this Ordinance.
(2) Any member of the Customs and Excise Service and any authorized officer who arrests any person under subsection (1) shall, after any necessary inquiries, take 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) If 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 entry 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 or window of the premises or place.
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 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.
13. Any person aggrieved by a decision of the Director under this Ordinance may, within 21 days from the date when he was informed of the decision or within such further period as the Governor may allow in any particular case, appeal by way of petition to the Governor.
14. The Import and Export (Reserved Commodities) Regulations are revoked.
Passed by the Hong Kong Legislative Council this 15th day of February, 1978.
STEPHEN S. P. Tam, Clerk to the Legislative Council.
Page 135Page 136
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