TNAG-1707-FCO40-2379-Prisons-and-prisoners-in-Hong-Kong-various-ordinances-1988 — Page 110

A384

Ord. No. 54/87

(Cap. 232.)

Restrictions

upon exercise of powers of entry and search.

Power to inspect weighing or measuring equipment, etc.

WEIGHTS AND MEASURES

(i) any weighing or measuring equipment or goods with respect to which the authorized officer may have reasonable cause to believe that an offence referred to in subsection (1) is being or has been committed; or

(ii) any other thing which may appear to the authorized officer likely to be, or to contain, evidence of any such offence;

(d) require any person in possession or control of any weighing or measuring equipment or goods to furnish information relating to such equipment or goods as may be reasonably required for the purposes of this Ordinance.

(3) Where an authorized officer enters and searches any premises under subsection (1), he may arrest or detain for further enquiries any person found therein whom he reasonably suspects is committing or of having committed any offence referred to in that subsection.

(4) An authorized officer who arrests any person under subsection (3) shall forthwith take the person to a police station or, if in the opinion of that authorized officer 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; but in no case shall any person be detained for more than 48 hours without being charged and brought before a magistrate.

(5) If any person forcibly resists or attempts to evade arrest under subsection (3), the authorized officer may use such force as is reasonably necessary to effect the arrest.

25. (1) Subject to section 26, no premises shall be entered and searched by an authorized officer unless-

(a) a magistrate has issued a warrant under subsection (2); and (b) it is necessary to do so for the purpose of investigating, or in order to prevent the commission of, an offence referred to in section 24(1). (2) Subject to subsection (1)(b), a magistrate may, if he is satisfied by information on oath that there is reasonable cause to believe that there is in any premises any thing which may be seized under section 24, issue a warrant authorizing an authorized officer to enter and search the premises.

(3) An authorized officer authorized under subsection (2) to enter and search any premises may call upon any other person to assist him in entering and searching the premises.

(4) No vessel which has a tonnage exceeding 250 gross registered tons shall be detained under section 24(1) for more than 12 hours without the consent of the Commissioner, who may, by order in writing under his hand, detain such a vessel for further periods of not more than 12 hours each.

(5) Any order made by the Commissioner under subsection (4) shall state the times from which and for which the order shall be effective and shall be served by an authorized officer on the owner or master of the vessel.

26. (1) An authorized officer may inspect, or cause to be inspected, any weighing or measuring equipment used or appearing to him to be used or intended for use in the selling by retail of any goods in the course of trade.

WEIGHTS AND MEASURES

(2) An authorized officer may—

Ord. No. 54/87

A385

(a) enter any premises other than domestic premises at any reasonable time for the purposes of inspection under subsection (1); and

(b) require the person in possession or control of any weighing or measuring equipment that is inspected to give his name and address.

(3) Where an authorized officer has reasonable cause to believe that an offence under this Ordinance has been committed and that any weighing or measuring equipment inspected under subsection (1) may be required as evidence in proceedings for the offence, he may seize and detain it.

27. (1) Subject to subsection (4), the Commissioner may sell or other- wise dispose of, in such manner as he sees fit, any goods of a perishable nature seized under section 24.

(2) Where any goods are sold under subsection (1), the Commissioner may deduct from the proceeds of sale any reasonable expenses or disbursements incurred in respect of the seizure, detention and sale.

(3) The proceeds of sale less any expenses or disbursements deducted under subsection (2)—

(a) may, if the owner of the goods sold is known or becomes known before the expiration of 6 months from the date of sale, be paid to the owner or his authorized agent;

(b) shall, in any case where paragraph (a) does not apply, be paid into the general revenue after the expiration of 6 months from the date of sale.

(4) Notwithstanding subsection (1), if goods to which this section applies are of no appreciable value or of value so small in the opinion of the Commissioner as to render impractical the sale thereof, the Commissioner may cause the goods to be destroyed or otherwise disposed of in such manner as he sees fit.

(5) The powers conferred on the Commissioner under this section may be exercised whether or not any person has been charged or convicted of any offence under this Ordinance.

PART VI

FORFEITURE

Powers of sale or disposal of perishable goods seized.

28. (1) All weighing or measuring equipment or goods seized under Forfeiture and this Ordinance shall be liable to forfeiture, whether or not any person has disposal of been convicted of an offence in respect of the equipment or goods.

certain

equipment and

(2) Where weighing or measuring equipment or goods are detained goods. under this Ordinance, the Commissioner may at any time release such equipment or goods to the person who appears to him to be the owner thereof or his authorized agent subject to any such condition as the Com- missioner may specify in writing.