Hong Kong Ordinances

PREVENTION OF BRIBERY ORDINANCE - SECT 17

Further powers of search

(Past version on 30/06/1997).

Amendments retroactively made - see 25 of 1998 s. 2

(1) Any investigating officer may, for the purposes of an investigation into,
or proceedings relating to, an offence suspected to have been committed under
this Ordinance, make an ex parte application to a court for the issue of a
warrant under subsection (1A). (Replaced 48 of 1996 s. 10)

(1A) Where on an application under subsection (1) the court is satisfied that
there is reasonable cause to believe that in any premises or place there is
anything which is or contains evidence of an offence under this Ordinance, the
court may by warrant directed to an investigating officer named in the
warrant, empower such officer and any other investigating officer, to enter
such premises or place, by force if necessary, and search the same. (Added 48
of 1996 s. 10)

(1B) Notwithstanding subsections (1) and (1A), where the Commissioner is
satisfied that there is reasonable cause to believe-

   (a)  that in any premises or place there may be anything which is or
        contains evidence of an offence under this Ordinance; and

   (b)  that the making of an ex parte application under subsection (1) would
        seriously impede an investigation into, or proceedings relating to, an
        offence suspected to have been committed under this Ordinance, the
        Commissioner may by warrant directed to an investigating officer named
        in the warrant, empower such officer and any other
        investigating officer to enter such premises or place, by force if
        necessary, and search the same. (Added 48 of 1996 s. 10)

(2) Without prejudice to any other law relating to entry and search, the
chambers of counsel or the office of a solicitor are not subject to entry and
search under this section or any warrant issued under this section except in
the course of investigating an offence under this Ordinance alleged or
suspected to have been committed by that counsel or that solicitor, as the
case may be, or by his clerk or any servant employed by him in such chambers
or office.

(3) Any person who obstructs or resists the Commissioner or any
investigating officer in the exercise of the powers of entry and search under
this section shall be guilty of an offence and shall be liable on conviction
to a fine of $20000 and to imprisonment for 1 year. (Amended 9 of 1974 s. 9;
28 of 1980 s. 12; 48 of 1996 s. 10)

(4) In this section "court" (法庭) means a magistrate and the Court of First
Instance. (Added 48 of 1996 s. 10. Amended 25 of 1998 s. 2)

"court" (法庭)