TNAG-1656-FCO40-2304-Hong-Kong-legislation-on-trade-1987 — Page 57

A BILL

Enclosure No. 4

To

Amend the Trade Descriptions Ordinance.

Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof.

1. This Ordinance may be cited as the Trade Descriptions (Amendment) Short title. Ordinance 1986.

2. The principal Ordinance is amended by adding after section 16 the Addition of new following-

"Power to detain goods by locking or sealing

premises

or place.

Powers of arrest

of authorized officers.

(Cap. 232.)

sections 16A, 16B and 16C.

16A. (1) An authorized officer may, for the purpose of detain (Cap. 362.) ing, under section 15-

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

(b) anything which he has reason to believe may be required as evidence in proceedings for an offence under this Ordin- ance, place à lock or seal on any premises in which the goods or things are.

(2) If an authorized officer has placed a lock or seal on any premises, any person who breaks or interferes with such lock or seal commits an offence unless he does so-

(a) in the bona fide belief that it is necessary immediately to break or interfere with the lock or seal in order to prevent—

(i) injury being suffered by any person; or

(ii) damage being incurred to any premises; or

(b) in the exercise of his duties as a public officer.

16B. (1) An authorized officer may, subject to subsection (2), arrest or detain for further enquiries without warrant any person whom he reasonably suspects of having committed any offence under this Ordinance.

(2) An authorized officer who arrests any person under subsec- tion (1) shall take the person to a police station or, if further enquiries are necessary, first to an office of the Customs and Excise Department and then to a police station, there to be dealt with in accordance with the provisions of the Police Force Ordinance:

Provided that in no case shall any person be detained for more than 48 hours without being charged and brought before a magistrate. (3) If any person forcibly resists or attempts to evade arrest under this section, the authorized officer may use such force as is necessary to effect the arrest.

(4) If an 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 premises, any person residing in or in charge of such premises shall, on demand by the authorized officer, allow him free entry thereto and afford all reasonable facilities to search for the suspected offender therein.

(5) If entry to any premises referred to in subsection (4) cannot be obtained under that subsection an authorized officer, in any case in which a warrant to enter and search such premises may issue but