Hong Kong Ordinances

INDEPENDENT COMMISSION AGAINST CORRUPTION ORDINANCE - SECT 10

Power of arrest

(Past version on 03/03/2000).
(Past version on 16/07/1999).
(Past version on 03/10/1997).
(Past version on 30/06/1997).

(1) An officer authorized in that behalf by the Commissioner may without
warrant arrest a person if he reasonably suspects that such person is guilty
of an offence under this Ordinance or the Prevention of Bribery  Ordinance (
Cap 201) or the Elections (Corrupt and Illegal Conduct)  Ordinance ( Cap 554)
or, being a prescribed officer, is guilty of an offence of blackmail committed
by or through the misuse of office. (Amended 27 of 1980 s. 2; 10 of 2000 s.
47; 14 of 2003 s. 21)

(2) Where, during an investigation by the Commission of a suspected offence
under the Prevention of Bribery Ordinance ( Cap 201) or of a suspected offence
under the Elections (Corrupt and Illegal Conduct)  Ordinance ( Cap 554),
another offence is disclosed, any such officer may without warrant arrest a
person if he reasonably suspects that such person is guilty of that other
offence and- (Amended 16 of 1991 s. 2; 10 of 2000 s. 47)

   (a)  he reasonably suspects that such other offence was connected with, or
        that either directly or indirectly its commission was facilitated by,
        the suspected offence under the Prevention of Bribery Ordinance ( Cap 
        201) or the suspected offence under the
        Elections (Corrupt and Illegal  Conduct) Ordinance ( Cap 554), as the
        case may be; or (Amended 16 of 1991 s. 2; 10 of 2000 s. 47)

   (b)  the other offence is one which is specified for the purposes of this
        subsection in subsection (5).

(3) Any such officer-

   (a)  may use such force as is reasonable in the circumstances in effecting
        an arrest under subsection (1) or (2); and (Amended 18 of 1976 s. 2)

   (b)  may, for the purpose of effecting such an arrest, enter and search any
        premises or place if he has reason to believe that there is in the
        premises or place a person who is to be so arrested.

(4) No premises or place shall be entered under subsection (3) unless the
officer has first stated that he is an officer and the purpose for which he
seeks entry and produced his warrant card to any person requesting its
production, but subject as aforesaid any such officer may enter any such
premises or place by force, if necessary.

(5) The following offences are specified for the purposes of subsection (2)-

   (a)  the offence of perverting or obstructing the course of justice;

   (aa) the offence of theft under section 9 of the Theft Ordinance (
        Cap 210); (Added 27 of 1980 s. 2)

   (b)  the offence of blackmail under section 23 of the Theft  Ordinance (
        Cap 210);

   (ba) the offence of fraud under section 16A of the Theft Ordinance (
        Cap 210); (Added 45 of 1999 s. 5)

   (c)  the offence of obtaining property by deception under section 17 of the
        Theft Ordinance ( Cap 210);

   (d)  the offence of obtaining pecuniary advantage by deception under
        section 18 of the Theft Ordinance ( Cap 210);

   (da) the offence of obtaining services by deception under section  18A of
        the Theft Ordinance ( Cap 210); (Added 51 of 1987 s. 4)

   (db) the offence of evading liability by deception under section  18B of
        the Theft Ordinance ( Cap 210); (Added 51 of 1987 s. 4)

   (dc) the offence of making off without payment under section 18C of the
        Theft Ordinance ( Cap 210); (Added 51 of 1987 s. 4)

   (dd) the offence of procuring a false entry in certain records under
        section 18D of the Theft Ordinance ( Cap 210); (Added 51 of 1987 s. 4)

   (de) the offence of false accounting under section 19 of the Theft 
        Ordinance ( Cap 210); (Added 27 of 1980 s. 2. Amended 51 of 1987 s. 4)

   (e)  the offence of assisting an offender under section 90 of the
        Criminal Procedure Ordinance ( Cap 221);

   (ea) any offence under regulations in force under the Electoral 
        Affairs Commission Ordinance ( Cap 541); (Replaced 134 of 1997 s. 85)

   (f)  the offence of conspiracy to defraud and the offence of conspiracy to
        commit any of the offences referred to in paragraph (a),

   (aa) , (b), (ba), (c), (d), (da), (db), (dc), (dd), (de), (e) or (ea);
        (Replaced 27 of 1980 s. 2. Amended 51 of 1987 s. 4; 16 of 1991 s. 2;
        45 of 1999 s. 5)

   (g)  an attempt to commit any offence referred to in paragraph (a),

   (aa) , (b), (ba), (c), (d), (da), (db), (dc), (dd), (de), (e) or (ea) or
        the offence of aiding, abetting, counselling or procuring any offence
        so referred to. (Replaced 27 of 1980 s. 2. Amended 51 of 1987 s. 4; 16
        of 1991 s. 2; 45 of 1999 s. 5) (Replaced 14 of 1976 s. 2)