Hong Kong Ordinances

WILD ANIMALS PROTECTION ORDINANCE - SECT 17B

Powers to enter premises, etc.

(1) Where a warrant has been issued under subsection (2) in respect of any
premises, or where subsection (3) applies in respect of any premises, an
authorized officer may-

   (a)  enter and search the premises, using such force as may be necessary;

   (b)  remove anything which obstructs the entry and search; and

   (c)  detain any person found in the premises, during such period as is
        reasonably required to permit the search to be carried out, where that
        person might prejudice the purpose of such search if he were not so
        detained.

(2) If a magistrate is satisfied by information on oath that there are
reasonable grounds for believing that there is anything liable to be seized
and detained under section 17A(2) in any premises, the magistrate may, for the
purposes of subsection (1), issue a warrant authorizing any authorized officer
to enter and search the premises.

(3) An authorized officer may exercise any of the powers referred to in
subsection (1) in respect of any premises without a warrant issued under
subsection (2) where-

   (a)  he has reasonable grounds for believing that there is in the premises
        anything liable to be seized and detained under section 17A(2);

   (b)  the premises are not premises used wholly or mainly for residential
        purposes and constituting a separate household unit; and

   (c)  it is not reasonably practicable to obtain such a warrant in respect
        of the premises before exercising such powers.

(4) An authorized officer entering any premises pursuant to subsection (1) may
take with him such persons as may be reasonably necessary to assist him in the
exercise of his powers or performance of his duties under this Ordinance.

(5) Where any premises an authorized officer has entered pursuant to
subsection (1) are unoccupied, he shall, on leaving the premises, leave the
same as effectually secured against trespassers as he found them to be at the
time of entry.

(6) A warrant issued under subsection (2) shall in no case continue in force
for more than 1 month from the date on which it is issued, whether or not the
purpose for which it is issued has been satisfied.

(7) In this section-

   (a)  a reference to premises shall be construed as including a reference
        to-

        (i)    land;

        (ii)   any means of air, land, sea or other water transport; and

        (iii)  any structure (including a structure on land and a floating
               structure);

   (b)  a reference to enter shall be construed as including a reference to
        board. (Added 77 of 1996 s. 12)