10
CAP. 342]
Customs and Excise Service
[1989 Ed.
17B. Power to enter and search for suspects
(1) If a member reasonably believes that-
(a) a person whom he intends to arrest has entered into or is in any
premises; and
(b) in order to effect the arrest it is necessary to enter and search
those premises,
he may request any person having apparent control of such premises or residing therein to allow him and any person acting in his aid free entry thereto and to take all reasonable measures to facilitate the search.
(2) If
(a) paragraphs (a) and (b) of subsection (1) apply; and
(b) entry to the premises cannot be obtained under subsection (1);
and
(c) the offence for which the member intends to effect the arrest is an arrestable offence and a person having apparent control of the premises or residing therein has been so informed if it is possible and practicable in the circumstances to do so,
the member and any person acting in his aid may enter the premises and search for the suspect.
(3) Any person having apparent control of premises referred to in subsection (1) or residing therein shall, upon request by a member and being informed that the offence for which the member intends to effect the arrest is an arrestable offence, allow the member and any person acting in his aid free entry thereto and take all reasonable steps to facilitate the search.
(4) A member, and any person acting in his aid, may break open any outer or inner door or window of premises if it is necessary to do so in order to enter or leave any premises which he is authorized to enter by virtue of this section or any other enabling power.
(5) In this section-
"arrestable offence" means an offence for which the sentence is fixed by law or for which a person may under or by virtue of any law be sentenced to imprisonment for a term exceeding 12 months, and an attempt to commit any such offence:
"premises" means any place on land, and any vehicle, vessel, train, tram or
aircraft.
17BA. Search and examination without warrant
(1) A member may, for the purposes of enforcing this Ordinance or an Ordinance specified in Schedule 2-
(a) at any point of entry to or exit from Hong Kong or on any ship, other than a ship of war, within the waters of Hong Kong,
10
CAP. 342]
Customs and Excise Service
[1989 Ed.
17B. Power to enter and search for suspects
(1) If a member reasonably believes that-
(a) a person whom he intends to arrest has entered into or is in any
premises; and
(b) in order to effect the arrest it is necessary to enter and search
those premises,
he may request any person having apparent control of such premises or residing therein to allow him and any person acting in his aid free entry thereto and to take all reasonable measures to facilitate the search.
(2) If
(a) paragraphs (a) and (b) of subsection (1) apply; and
(b) entry to the premises cannot be obtained under subsection (1);
and
(c) the offence for which the member intends to effect the arrest is an arrestable offence and a person having apparent control of the premises or residing therein has been so informed if it is possible and practicable in the circumstances to do so,
the member and any person acting in his aid may enter the premises and search for the suspect.
(3) Any person having apparent control of premises referred to in subsection (1) or residing therein shall, upon request by a member and being informed that the offence for which the member intends to effect the arrest is an arrestable offence, allow the member and any person acting in his aid free entry thereto and take all reasonable steps to facilitate the search.
(4) A member, and any person acting in his aid, may break open any outer or inner door or window of premises if it is necessary to do so in order to enter or leave any premises which he is authorized to enter by virtue of this section or any other enabling power.
(5) In this section-
"arrestable offence" means an offence for which the sentence is fixed by law or for which a person may under or by virtue of any law be sentenced to imprisonment for a term exceeding 12 months, and an attempt to commit any such offence:
"premises" means any place on land, and any vehicle, vessel, train, tram or
aircraft.
17BA. Search and examination without warrant
(1) A member may, for the purposes of enforcing this Ordinance or an Ordinance specified in Schedule 2-
(a) at any point of entry to or exit from Hong Kong or on any ship, other than a ship of war, within the waters of Hong Kong,
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