Hong Kong Ordinances

INDEPENDENT COMMISSION AGAINST CORRUPTION ORDINANCE - SECT 10E

Taking of non-intimate samples

(1) In any investigation in respect of an offence committed or believed to
have been committed, a non-intimate sample may be taken from a person with or
without his consent for forensic analysis only if-

   (a)  that person is dealt with and detained pursuant to section 10A; and

   (b)  an officer of the rank of Senior Commission Against Corruption
Officer or above ("authorizing officer") authorizes it to be taken.

(2) An authorizing officer may only give an authorization as required under
subsection (1)(b) if he has reasonable grounds-

   (a)  for suspecting that the person from whom the non-intimate  sample is
        to be taken has committed a serious arrestable offence; and

   (b)  for believing that the sample will tend to confirm or disprove the
        commission of the offence by that person.

(3) An authorizing officer-

   (a)  subject to paragraph (b), must give an authorization pursuant to
        subsection (2) in writing;

   (b)  where it is impracticable to comply with paragraph (a), may give such
        authorization orally, in which case he must confirm it in writing as
        soon as practicable.

(4) Where an authorization has been given pursuant to subsection

(2), an officer shall, before the taking of a non-intimate sample, inform the
person from whom the sample is to be taken-

   (a)  of the nature of the offence in which the person is suspected to have
        committed;

   (b)  that there are reasonable grounds to believe that the sample will tend
        to confirm or disprove the commission of the offence by that person;

   (c)  of the giving of the authorization;

   (d)  that he may or may not consent to the taking of the sample;

   (e)  that if he does not consent to the taking of the sample, the sample
        will still be taken from him by using reasonable force if necessary;

   (f)  that the sample will be analysed and the information derived from such
        analysis may provide evidence that might be used in criminal
        proceedings for such offence or any other offence for which a person
        may be arrested under section 10;

   (g)  that he may make a request to an officer for access to the information
        derived from the analysis of the sample; and

   (h)  that if he is subsequently convicted of any serious arrestable 
        offence, any DNA information derived from the sample may be
        permanently stored in the DNA database maintained under section 59G(1)
        of the Police  Force Ordinance ( Cap 232) and may be used for the
        purposes specified in subsection (2) of that section.

(5) The person from whom a non-intimate sample was taken pursuant to
subsection (1) is entitled to access to the information derived from the
analysis of the sample.

(6) Any consent given for the taking of a non-intimate sample pursuant to this
section must be given in writing and signed by the person giving the consent.

(7) A non-intimate sample from a person may only be taken by-

(a) a registered medical practitioner; or

   (b)  an officer, or a public officer working in the Government Laboratory,
        who has received training for the purpose.

(8) An officer may use such force as is reasonably necessary for the purposes
of taking or assisting the taking of a non-intimate sample from a person
pursuant to this section.

(9) In this section, sections 10F and 10G- "DNA" means deoxyribonucleic acid;

"DNA information" (DNA 資料) means genetic information derived from the
forensic DNA analysis of an intimate sample or a non-intimate sample;

"intimate sample" (體內樣本) means-

   (a)  a sample of blood, semen or any other tissue fluid, urine or hair
        other than head hair;

   (b)  a dental impression;

   (c)  a swab taken from a private part of a person's body or from a person's
        body orifice other than the mouth;

"non-intimate sample" (非體內樣本) means-

   (a)  a sample of head hair;

   (b)  a sample taken from a nail or from under a nail;

   (c)  a swab taken from any part, other than a private part, of a person's
        body or from the mouth but not any other body orifice;

   (d)  saliva;

   (e)  an impression of any part of a person's body other than-

        (i)    an impression of a private part;

        (ii)   an impression of the face; or

        (iii)  the identifying particulars described in section 59(6) of the
               Police Force Ordinance ( Cap 232);

"private part" (私處) in relation to a person's body, means the genital or
anal area and includes the breasts in the case of a woman;

"serious arrestable offence" (嚴重的可逮捕罪行) means an offence for
which a person may be arrested under section 10 and for which a person may
under or by virtue of any law be sentenced to imprisonment for a term not less
than 7 years. (Added 68 of 2000 s. 4) "DNA"

"DNA information" (DNA 資料)

"intimate sample" (體內樣本)

"non-intimate sample" (非體內樣本)

"private part" (私處)

"serious arrestable offence" (嚴重的可逮捕罪行)