1964_SHIPPING_AND_PORT_CONTROL_ORDINANCE — Page 35

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CAP. 313]

Shipping and Port Control

[1986 Ed.

Powers of investigating officers.

[cf. 1974 c. 37, s. 20.)

(2) Any police officer of or above the rank of Sergeant may- (Amended, 60 of 1979, s. 3)

(a) take into custody and remove from any vessel in the waters of Hong Kong, other than a warship, any person who he suspects on reasonable grounds of-

(i) having committed an offence under this Ordinance or any other enactment; or

(ii) having boarded, or remained on board, the vessel without the permission of the owner or his agent or of the master of the vessel; or

(b) direct a vessel to which Part IV applies, in respect of which he suspects on reasonable grounds that an offence under this Ordinance or any other enactment has been commit- ted, to proceed together with any persons on board to the nearest Marine Police Base or Marine Licensing Station.

(3) An authorized officer boarding a vessel under subsec- tion (1) may take with him such persons as may be necessary to assist him for the purposes of this section.

(4) The master of a vessel, when required to stop the vessel by an authorized officer in the exercise of his powers under subsec- tion (1), shall stop the vessel and permit the authorized officer to board the vessel.

(5) Any master who without reasonable excuse-

(a) fails to comply with a direction given under subsec-

tion (2)(b); or

(b) contravenes subsection (4),

commits an offence and is liable to a fine of $5,000.

60. (1) Subject to subsection (3), for the purpose of any investigation by an inspector under section 39 or by an authorized officer under section 59, an inspector or authorized officer may-

(a) require that the vessel which he has boarded or any part of it, or anything therein, shall be left undisturbed (whether generally or in particular respects) for so long as is neces- sary to carry out the investigation;

(b) take such measurements and photographs and make such

recordings as he considers necessary;

(c) inspect, seize and remove from the vessel any article or substance in respect of which he suspects on reasonable grounds that an offence under this Ordinance or any other enactment has been committed;

(d) in the case of any article or substance removed under paragraph (c), detain it for so long as is necessary-

(i) to examine it and to cause it to be subjected to any process or test;

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