SCHEDULE 2
EVIDENCE AND INFORMATION
Article 15
1.-(1) Without prejudice to any other provision of this Order, or any provision of any other law, the Governor (or any person authorised by him for that purpose either generally or in a particular case) may request any person in or resident in the Territory to furnish to him (or to that authorised person) any information in his possession or control, or to produce to him (or that authorised person) any document in his possession or control, which he (or that authorised person) may require for the purpose of securing compliance with or detecting evasion of this Order or detecting violation of the United Nations resolutions; and any person to whom such a request is made shall comply with it within such time and such manner as may be specified in the request.
(2) Nothing in the foregoing sub-paragraph shall be taken to require any person who has acted as counsel or solicitor for any person to disclose any privileged communication made to him in that capacity.
(3) Where a person is convicted of failing to furnish information or produce a document when requested to do so under this paragraph, the court may make an order requiring him, within such period as may be specified in the order, to furnish the information or produce the document.
(4) The power conferred by this paragraph to request any person to produce documents shall include power to take copies of or extracts from any document so produced and to request that person, or, where that person is a body corporate, any other person who is a present or past officer of, or is employed by, the body corporate, to provide an explanation of any of them.
2.-(1) If any justice of the peace is satisfied by information on oath given by any police officer or person authorised by the Governor to act for the purposes of this paragraph either generally or in a particular case:
(a) that there is reasonable ground for suspecting that an offence under this Order or, with respect to any of the matters regulated by this Order, an offence under any enactment relating to customs has been or is being committed and that evidence of the commission of the offence is to be found on any premises specified in the information, or in any ship, goods vehicle or aircraft so specified; or
(b) that any documents which ought to have been produced under paragraph 1 of this Schedule and have not been produced are to be found on any such premises or in any such ship, goods vehicle or aircraft,
he may grant a search warrant authorising any police officer, together with any other persons named in the warrant and any other police officers, to enter the premises specified in the information or, as the case may be, any premises upon which the ship, goods vehicle or aircraft so specified may be, at any time within one month from the date of the warrant and to search the premises, or as the case may be, the ship, goods vehicle or aircraft.
(2) A person authorised by any such warrant as aforesaid to search any premises or any ship, goods vehicle or aircraft may search every person who is found in, or whom he has reasonable ground to believe to have recently left or to be about to enter, those premises or that ship, goods vehicle or aircraft and may seize any document or article found on the premises or in the ship, goods vehicle or aircraft or on such person which he has reasonable ground to believe to be evidence of the commission of any such offence as aforesaid or any documents which he has reasonable ground to believe ought to have been produced under paragraph 1 of this Schedule or to take in relation to any such article or document any other steps which may appear necessary for preserving it and preventing interference with it:
Provided that no person in pursuance of any warrant issued under this paragraph be searched except by a person of the same sex.
(3) Where, by virtue of this paragraph, a person is empowered to enter any premises, ship, goods vehicle or aircraft he may use such force as is reasonably necessary for that purpose.
(4) Any documents or articles of which possession is taken under this paragraph may be retained for a period of three months or, if within that period there are commenced any proceedings for such an offence as aforesaid to which they are relevant, until the conclusion of those proceedings.
3. A person authorised by the Governor to exercise any power for the purposes of this Schedule shall, if requested to do so, produce evidence of his authority before exercising that power.
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