1989 Ed.]
Dutiable Commodities
[CAP. 109
15
14. Search of place or ship with warrant or authority or by police officer
(1) Where it appears to any magistrate upon the oath of any person that there is reasonable cause to believe that in any place there are concealed or deposited any goods subject to forfeiture under this Ordinance, or with respect to which an offence has been committed or is about to be committed against the provisions of this Ordinance, the magistrate may, by his warrant directed to any member of the Customs and Excise Service or to any police officer, empower such member or officer by day or by night (Amended 3 of 1970 s. 36)
(a) to enter the place named in the warrant and there to search for and seize, remove and detain any such goods; and
(b) to arrest any person being in such place in whose possession such goods may be found, or whom such member or officer may reasonably suspect of having concealed or deposited any such goods there or thereabout. (Amended 66 of 1986 s. 11)
(2) Such member or officer may, if necessary-
(a) break open any outer or inner door of the place and enter thereinto;
(b) forcibly enter the place and every part thereof;
(c) remove by force any obstruction to such entry, search, seizure and removal as he is empowered to effect;
(d) detain every person found in such place and prevent every person from approaching or entering the same, until the search is complete;
(e) seize, remove and detain any such goods, whether in such place or in any place whatever within Hong Kong, in the possession, custody or control of any of the persons against whom his warrant has been issued. (Amended 66 of 1986 s. 11)
(3) Whenever it appears to any member of the Customs and Excise Service generally or specially authorized in writing by the Commissioner for the purposes of this section, or to any police officer not below the rank of inspector, that there is reasonable cause to believe that in any place there are concealed or deposited goods liable to forfeiture under this Ordinance, or with respect to which an offence has been committed or is about to be committed against this Ordinance, and he has reasonable ground for believing that unless the place are searched forthwith the goods are likely to be removed, the said officer in virtue of his office may exercise in, upon and in respect of such place all the powers mentioned in this section as if he were empowered to do so by warrant. (Amended 66 of 1986 s. 11)
(4) (Repealed 66 of 1986 s. 11)
15. Seizure of things used for commission of offences
(1) Whenever it is lawful under this Ordinance for a member of the Customs and Excise Service or a police officer to seize, remove and detain any
1989 Ed.]
Dutiable Commodities
[CAP. 109
15
14. Search of place or ship with warrant or authority or by police officer
(1) Where it appears to any magistrate upon the oath of any person that there is reasonable cause to believe that in any place there are concealed or deposited any goods subject to forfeiture under this Ordinance, or with respect to which an offence has been committed or is about to be committed against the provisions of this Ordinance, the magistrate may, by his warrant directed to any member of the Customs and Excise Service or to any police officer, empower such member or officer by day or by night (Amended 3 of 1970 s. 36)
(a) to enter the place named in the warrant and there to search for
and seize, remove and detain any such goods; and
(b) to arrest any person being in such place in whose possession such goods may be found, or whom such member or officer may reasonably suspect of having concealed or deposited any such goods there or thereabout. (Amended 66 of 1986 s. 11)
(2) Such member or officer may, if necessary-
.
(a) break open any outer or inner door of the place and enter
thereinto;
(b) forcibly enter the place and every part thereof;
(c) remove by force any obstruction to such entry, search, seizure
and removal as he is empowered to effect;
(d) detain every person found in such place and prevent every person from approaching or entering the same, until the search is complete;
(e) seize, remove and detain any such goods, whether in such place or in any place whatever within Hong Kong, in the possession, custody or control of any of the persons against whom his warrant has been issued. (Amended 66 of 1986 s. 11)
(3) Whenever it appears to any member of the Customs and Excise Service generally or specially authorized in writing by the Commissioner for the purposes of this section, or to any police officer not below the rank of inspector, that there is reasonable cause to believe that in any place there are concealed or deposited goods liable to forfeiture under this Ordinance, or with respect to which an offence has been committed or is about to be committed against this Ordinance, and he has reasonable ground for believing that unless the place are searched forthwith the goods are likely to be removed, the said officer in virtue of his office may exercise in, upon and in respect of such place all the powers mentioned in this section as if he were empowered to do so by warrant. (Amended 66 of 1986 s. 11)
(4) (Repealed 66 of 1986 s. 11)
15. Seizure of things used for commission of offences
(1) Whenever it is lawful under this Ordinance for a member of the Customs and Excise Service or a police officer to seize, remove and detain any
No comments yet.
Private notes are available after approval.