TNAG-1996-FCO40-2843-Hong-Kong-Drug-Trafficking-(Recovery-of-Proceeds)-Ordinance--1991 — Page 43

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(b) an order under subsection (2)(b) shall have effect as an order to give access to

the material in a form in which it is visible and legible.

(8) In subsection (7), “data equipment" means any equipment which-

(a) automatically processes information;

(b) automatically records or stores information;

(c) can be used to cause information to be automatically recorded, stored or

otherwise processed on other equipment (wherever situated);

(d) can be used to retrieve information, whether the information is recorded or

stored in the equipment itself or in other equipment (wherever situated).

(9) An order under subsection (2)—

(a) shall not confer any right to production of, or access to, items subject to legal

privilege;

(b) shall have effect notwithstanding any obligation as to secrecy or other restriction upon the disclosure of information imposed by statute or otherwise; and

(c) may be made in relation to material in the possession of a public body as

defined in section 23.

Authority for search

21. (1) An authorized officer may, for the purpose of an investigation into drug trafficking, apply to a court for a warrant under this section in relation to specified premises.

(2) On such application the court may issue a warrant authorizing an authorized officer to enter and search the premises if it is satisfied—

(a) that an order made under section 20 in relation to material on the premises has

not been complied with; or

(b) that the conditions in subsection (3) are fulfilled; or

(c) that the conditions in subsection (4) are fulfilled.

(3) The conditions referred to in subsection (2)(b) are—

(a) that there are reasonable grounds for suspecting that a specified person has

carried on or has benefited from drug trafficking; and

(b) that the conditions in section 20(4)(b) and (c) are fulfilled in relation to any

material on the premises; and

(c) that it would not be appropriate to make an order under that section in relation

to the material because-

(i) it is not practicable to communicate with any person entitled to produce the material; or

(ii) it is not practicable to communicate with any person entitled to grant access to the material or entitled to grant entry to the premises on which the material is situated; or

(iii) the investigation for the purposes of which the application is made might be seriously prejudiced unless an authorized officer could secure immediate access to the material.