46204-1916-Ordinance-passed-and-assented-to--Tobacco-No-10-of-1916 — Page 10

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THE HONGKONG GOVERNMENT GAZETTE, JULY 14, 1916.

goods and baggage, accompany such officer to a police station and there permit his goods and baggage to be searched by any revenue or police officer in the presence and under the supervision of any European revenue or police officer or other police officer not below the rank of sergeant; and

(b) on demand by any European revenne or police officer permit his goods and baggage to be searched by such European revenue or police officer in the presence and under the supervi- sion of such European revenue or police officer. (2.) The goods and baggage of any person who claims to be present when they are searched shall not be searched except in his presence.

(3.) Any person who refuses to comply with any lawful demand under this section may be arrested without war- rant by the officer making the demand.

42. Any box, chest, package or other article (not being Examina- passengers' baggage accompanied by the owner) which is tion of being landed from or is being embarked on any ship or has articles been recently landed from any ship or is in or on board any passengers' (other than ship (not being or having the status of a ship of war), accompanied islet, landing place, wharf, warehouse or place adjoining baggage) on any wharf or used in connection therewith, or which is wharf, and shore, ship, being removed from any such ship, islet or other place, or other places. which is being brought into or has recently been brought into the Colony by land-

(a) may be examined and searched by any revenue officer, and may be detained until any person in charge thereof shall have opened the same to admit of such examination and search, and in default of such opening may be removed by such officer to a police station;

(b) may be broken open by the orders of any European revenue or police officer to facilitate such examination and search, provided that any person in charge or possession of such box, chest, package or other article shall be afforded every reasonable facility for being present at such breaking open, examination and search.

warrant.

43. Any revenue or police officer, having reasonable Search of ground for believing that there is any tobacco in any ship ship without in contravention of this Ordinance (such ship not being or baving the status of a ship of war) may proceed without warrant on board such ship and search for such tobacco and may seize any such tobacco so found and shall take the same, together with the person in whose possession it may be found, to a police station in order that he may be brought before a magistrate to be dealt with according to law.

with- warrant.

44.-(1.) Where it appears to any Justice of the Peace, Search of upon the oath of any person, that there is reasonable cause place or ship to believe that in any place, or on board any ship (not being or having the status of a ship of war), there is concealed or deposited any tobacco subject to forfeiture or with respect to which an offence has been committed or is about to be committed against this Ordinance, such Justice of the Peace may, by his warrant directed to any revenue or police officer, empower such officer, by day or by night-

(a) to enter such place, or to go on board such ship, and there to search for and take posses- sion of any such tobacco; and

(b) to arrest any person being in such place or ship, in whose possession such tobacco may be found, or whom such officer may reasonably suspect to have concealed or deposited any such tobacco in such place or ship or there- about.

(2.) Such officer may, if necessary

(a) break open any outer or inner door of any dwelling house, shop, or other building or place, and enter thereinto;

(b) forcibly enter such ship and every part thereof;

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