TNAG-0977-FCO40-1196-Legislation-for-the-abortion-law-in-Hong-Kong-1980 — Page 18

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Ord. No. 69,80

Restrictions on

the entry and

search of domestic premises.

Offences of obstruction and disclosure of information. [cf. 1968 c. 29,

s. 29.]

TRADE DESCRIPTIONS

(2) An authorized officer may-

(a) break open any container or open any vending machin

r the

purpose of exercising his powers under subsection (1)(f) to seize goods;

(b) 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;

(f) 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 stop and search until it has been so searched.

16. (1) No domestic premises shall be entered and searched by an authorized officer unless-

(a) 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 goods or thing which may be seized, removed or detained under section 15(1)(f), issue a warrant authorizing an authorized officer to enter and search the premises.

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

(a) that there is in any domestic premises any goods or thing which may be seized, removed or detained under section 15(1)(f); 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.

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

him by any such authorized officer; or

TRADE DESCRIPTIONS

Ord. No. 69,80

A397

(c) without reasonable excuse fails to give such authorized officer any other assistance or information which the authorized officer may reasonably require of him for the purpose of the performance of the officer's functions under this Ordinance,

commits an offence.

(2) Any person who discloses to any other person-

(a) any information with respect to any manufacturing process or trade secret obtained by him in premises which he has entered by virtue of this Ordinance; or

(b) any information obtained by him in pursuance of this Ordin-

ance,

commits an offence unless the disclosure was made-

(i) in or for the purpose of the performance by him or any other

person of functions under this Ordinance, or

(ii) in the case of paragraph (b) under the direction or order of a

court.

(3) Any person who, in giving any such information as is referred to in subsection (1)(c), makes any statement which he knows to be false commits an offence.

to-

(4) Subject to subsection (5), nothing in this section shall be taken

(a) require a person to answer any question or give any information if to do so might incriminate that person or the wife or husband of that person; or

(b) compel the production by a solicitor of a document containing a privileged communication made by or to him in that capacity or authorize the seizure of any such document in his possession. (5) A person shall not be excused, by reason that to do so may incriminate that person or the wife or husband of that person of an offence under this Ordinance—

(a) from answering any question put to that person in any civil

proceedings;

(b) from complying with any order made in any such proceedings, but no statement or admission made by a person in answering a question put or complying with an order made shall, in proceedings for an offence under this Ordinance, be admissible in evidence against that person or (unless they married after the making of the statement on admission) against the wife or husband of that person.

18. (1) Any person who commits an offence under section 4, 5, 7, 9, 10, 11 or 12 shall be liable-

(a) on conviction on indictment, to a fine of $500,000 and to im-

prisonment for 5 years; and

(b) on summary conviction, to a fine of $100,000 and to imprison-

ment for 2 years.

(2) Any person who commits an offence under section 17 shall be liable to a fine of $10,000 and to imprisonment for 1 year.

Penalties.

19. No prosecution for an offence under this Ordinance shall be Time limit for brought after-

(a) the expiration of 3 years from the date of commission of the

offence; or

prosecutions.