1964_FIREARMS_AND_AMMUNITION_ORDINANCE — Page 22

1981 Ed.]

Firearms and Ammunition

[CAP. 238

41. For the purposes of this Ordinance a police officer or a member of the Customs and Excise Service may-

(a) stop and search any person, and search the property of any

person, if-

(i) such person is arriving in or about to depart from Hong Kong;

(ii) the officer or member has reasonable ground for suspecting that such person has any arms or ammunition or imitation firearm in his possession; or

(iii) such person is found in any vessel, vehicle, train, aircraft, premises or place in which any arms or ammuni- tion or imitation firearm are found; and

(b) on any such occasion, 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.

42. (1) Where a police officer or a member of the Customs and Excise Service has reasonable ground for suspecting that any arms or ammunition or imitation firearms are in a vehicle in a public place or that a vehicle in any place is being or is about to be used in connexion with the commission of an offence under section 18 or 19 he may-

(a) search the vehicle, and for that purpose may require the

person driving or in control of it to stop the vehicle;

(b) on any such occasion, 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) A police officer or a member of the Customs and Excise Service may enter any place for the purpose of exercising any power conferred by subsection (1).

43. Any person who obstructs a police officer or member of the Customs and Excise Service in the exercise of any power conferred on him by section 40, 41 or 42 commits an offence and is liable to a fine of $10,000 and to imprisonment for 6 months.

44. (1) A police officer or a member of the Customs and Excise Service may at any time seize, remove and detain any arms or

Power to stop

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and search. (cf. 1968 c. 27, s. 47(1) & (3) und s. 52. Cap. 134)

Power to search vehicles.

1968 c. 27, s. 47(4).

Obstruction.

Seizure and forfeiture.