1964_FIREARMS_AND_AMMUNITION_ORDINANCE — Page 21

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CAP. 238]

Firearms and Ammunition

[1981 Ed.

Entry and search

of premises and persons. [c: 1968 c. 27. s. 46(1).)

PART VI

ENFORCEMENT

40. (1) If a magistrate is satisfied by information on oath in writing that there is reasonable ground for suspecting that an offence under this Ordinance has been, is being, or is about to be committed, the magistrate may by warrant authorize any police officer or member of the Customs and Excise Service-

(a) to enter at any time any place, premises, vessel, vehicle, train or aircraft, if necessary by force, and to search the same and every person found there;

(b) to seize and detain-

(i) any arms or ammunition or imitation firearm which he may find and in connexion with which he has reasonable grounds to suspect that an offence under this Ordinance has been, is being, or is about to be committed; and

(ii) any thing which appears to him to be or to contain evidence that such an offence, or an attempt thereat, has been committed.

(2) If a police officer of or above the rank of Superintendent is satisfied-

(a) that there is reasonable ground for suspecting that an offence under this Ordinance has been, is being, or is about to be committed; and

(b) that-

(i) the exercise of the powers in subsection (1), or any of them, is necessary;

(ii) there would be delay in obtaining a warrant under subsection (1); and

(iii) the delay may defeat the purposes of the entry, he may in writing give authority to any police officer to exercise the said powers, or any of them; and a member of the Customs and Excise Service of or above the rank of Superintendent may also, on being satisfied as aforesaid, give a like authority to a member of the Customs and Excise Service.

(3) A person authorized to exercise any power in subsection (1) shall have authority to act under section 38.

(4) A person authorized under subsection (1) or (2) to exercise the powers in subsection (1), or any of them, may be accompanied by such other police officers or members of the Customs and Excise Service as may be necessary for the purpose.

(5) No person shall be searched under this section or under section 41 except by a person of the same sex.

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CAP. 238] Firearms and Ammunition [1981 Ed. Entry and search of premises and persons. [c: 1968 c. 27. s. 46(1).) PART VI ENFORCEMENT 40. (1) If a magistrate is satisfied by information on oath in writing that there is reasonable ground for suspecting that an offence under this Ordinance has been, is being, or is about to be committed, the magistrate may by warrant authorize any police officer or member of the Customs and Excise Service- (a) to enter at any time any place, premises, vessel, vehicle, train or aircraft, if necessary by force, and to search the same and every person found there; (b) to seize and detain- (i) any arms or ammunition or imitation firearm which he may find and in connexion with which he has reasonable grounds to suspect that an offence under this Ordinance has been, is being, or is about to be committed; and (ii) any thing which appears to him to be or to contain evidence that such an offence, or an attempt thereat, has been committed. (2) If a police officer of or above the rank of Superintendent is satisfied- (a) that there is reasonable ground for suspecting that an offence under this Ordinance has been, is being, or is about to be committed; and (b) that- (i) the exercise of the powers in subsection (1), or any of them, is necessary; (ii) there would be delay in obtaining a warrant under subsection (1); and (iii) the delay may defeat the purposes of the entry, he may in writing give authority to any police officer to exercise the said powers, or any of them; and a member of the Customs and Excise Service of or above the rank of Superintendent may also, on being satisfied as aforesaid, give a like authority to a member of the Customs and Excise Service. (3) A person authorized to exercise any power in subsection (1) shall have authority to act under section 38. (4) A person authorized under subsection (1) or (2) to exercise the powers in subsection (1), or any of them, may be accompanied by such other police officers or members of the Customs and Excise Service as may be necessary for the purpose. (5) No person shall be searched under this section or under section 41 except by a person of the same sex.

Baseline (Original)

20 CAP. 238] Firearms and Ammunition [1981 Ed. Entry and search of premises and persons. [c: 1968 c. 27. s. 46(1).) PART VI ENFORCEMENT 40. (1) If a magistrate is satisfied by information on oath in writing that there is reasonable ground for suspecting that an offence under this Ordinance has been, is being, or is about to be committed, the magistrate may by warrant authorize any police officer or member of the Customs and Excise Service- (a) to enter at any time any place, premises, vessel, vehicle, train or aircraft, if necessary by force, and to search the same and every person found there; (b) to seize and detain-- (i) any arms or ammunition or imitation firearm which he may find and in connexion with which he has reasonable grounds to suspect that an offence under this Ordinance has been, is being, or is about to be committed; and (ii) any thing which appears to him to be or to contain evidence that such an offence, or an attempt thereat, has been committed. (2) If a police officer of or above the rank of Superintendent is satisfied- (a) that there is reasonable ground for suspecting that an offence under this Ordinance has been, is being, or is about to be committed; and (b) that- (i) the exercise of the powers in subsection (1), or any of them, is necessary; (ii) there would be delay in obtaining a warrant under subsection (1); and (iii) the delay may defeat the purposes of the entry, he may in writing give authority to any police officer to exercise the said powers, or any of them; and a member of the Customs and Excise Service of or above the rank of Superintendent may also, on being satisfied as aforesaid, give a like authority to a member of the Customs and Excise Service. (3) A person authorized to exercise any power in subsection (1) shall have authority to act under section 38. (4) A person authorized under subsection (1) or (2) to exercise the powers in subsection (1), or any of them, may be accompanied by such other police officers or members of the Customs and Excise Service as may be necessary for the purpose. (5) No person shall be searched under this section or under section 41 except by a person of the same sex.

2026-05-04 17:49:27 · Baseline

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