1964_IMPORT_AND_EXPORT_ORDINANCE_ORDINANCE — Page 19

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CAP. 60]

Import and Export

[1986 Ed.

Powers of arrest of authorized officers and members of the Customs and Excise Service.

(Cap. 232.)

Ancillary powers of investigation of suspected offence.

(6) No aircraft shall be detained under section 21(1) for more than 6 hours without the consent of the Chief Secretary, who may, by order in writing under his hand, detain an aircraft for further periods of not more than 6 hours each.

(7) Any order made by the Chief Secretary under subsec- tion (5) or (6) shall state the times from which and for which the order shall be effective.

23. (1) Any member of the Customs and Excise Service and any authorized officer may, subject to subsection (2), arrest or detain for further inquiries without warrant any person whom he reasonably suspects of having committed any offence under this Ordinance.

(2) Any member of the Customs and Excise Service and any authorized officer who arrests any person under subsection (1) shall take the person to a police station or, if further inquiries are necessary, first to the office of the Commissioner of the Customs and Excise Service and then to a police station, there to be dealt with in accordance with the provisions of the Police Force Ordinance:

Provided that in no case shall any person be detained for more than 48 hours without being charged and brought before a magistrate.

(3) If any person forcibly resists or attempts to evade arrest under this section, the member of the Customs and Excise Service or the authorized officer may use such force as is reasonably necessary to effect the arrest.

(4) If any member of the Customs and Excise Service or any authorized officer has reason to believe that a person whom he intends to arrest (hereinafter in this section referred to as the suspected offender) has entered into or is in any place or premises, any person residing in or in charge of such place or premises shall, on demand by the member or authorized officer, allow him free entry thereto and afford all reasonable facilities to search for the suspected offender therein.

(5) If entry to such premises or place cannot be obtained under subsection (4) a member of the Customs and Excise Service or an authorized officer, in any case in which a warrant to enter and search such premises or place may issue but cannot be obtained without affording the suspected offender an opportunity to escape, may enter the premises or place and therein search for the suspected offender and for the purpose of entry or search may break open any outer or inner door or window of the premises or place.

24. Any member of the Customs and Excise Service and any authorized officer may-

(a) use such force as is reasonably necessary to enter any place or premises which he is empowered by this Ordinance to enter and search;