Hong Kong Ordinances

POLICE FORCE ORDINANCE - SECT 50

Arrest, detention and bail of suspected persons and seizure of suspected property

PART VII

MISCELLANEOUS PROVISIONS

(1) It shall be lawful for any police officer to apprehend any person who he
reasonably believes will be charged with or whom he reasonably suspects of
being guilty of-

(a) any offence for which the sentence is fixed by law or for which a person
may (on a first conviction for that offence) be sentenced to imprisonment; or

   (b)  any offence, if it appears to the police officer that service of a
        summons is impracticable because-

        (i)    the name of the person is unknown to, and cannot readily be
               ascertained by, the police officer;

        (ii)   the police officer has reasonable grounds for doubting whether
               a name given by the person as his name is his real name;

        (iii)  the person has failed to give a satisfactory address for
               service; or

        (iv)   the police officer has reasonable grounds for doubting whether
               an address given by the person is a satisfactory address for
               service. (Replaced 57 of 1992 s. 2)

(1A) A police officer may exercise the power to apprehend a person under
subsection (1) without any warrant for that purpose and whether or not he has
seen any offence committed. (Added 57 of 1992 s. 2)

(1B) It shall be lawful for any police officer to apprehend any person whom he
reasonably suspects of being liable to deportation from Hong Kong. (Added 57
of 1992 s. 2)

(2) If any person who may lawfully be apprehended under subsection

(1) or (1B) forcibly resists the endeavour to arrest him or attempts to evade
the arrest, a police officer or other person may use all means necessary to
effect the arrest. (Replaced 57 of 1992 s. 2)

(3) If any police officer has reason to believe that any person to be arrested
has entered into or is in any place the person residing in or in charge of
such place shall on demand of that police officer allow him free ingress
thereto and afford all reasonable facilities for search therein. (Replaced 57
of 1992 s. 2)

(4) If ingress to such place cannot be obtained under subsection

(3) it shall be lawful in any case for a person acting under a warrant and in
any case in which a warrant may issue but cannot be obtained without affording
the person to be arrested an opportunity of escape from a police  officer, to
enter such place and search therein and in order to effect an entrance into
such place to break open any outer or inner door or window of any place
whether that of the person to be arrested or of any other person if, after
notification of his authority and purpose and demand of admittance duly made,
he cannot otherwise obtain admittance.

(5) Any police officer or other person authorized to make an arrest may break
open any place in order to liberate himself or any other person who having
lawfully entered for the purpose of making an arrest is detained therein.

(6) Where any person is apprehended by a police officer it shall be lawful for
such officer to search for and take possession of any newspaper, book or other
document or any portion or extract therefrom and any other article or chattel
which may be found on his person or in or about the place at which he has been
apprehended and which the said officer may reasonably suspect to be of value
(whether by itself or together with anything else) to the investigation of any
offence that the person has committed or is reasonably suspected of having
committed: Provided that nothing in this subsection shall be construed in
diminution of the powers of search conferred by any particular warrant.
(Replaced 57 of 1992 s. 2)

(7) Whenever it appears to a magistrate upon the oath of any person that there
is reasonable cause to suspect that there is in any building, vessel (not
being a ship of war or a ship having the status of a ship of war) or place any
newspaper, book or other document, or any portion or extract therefrom, or any
other article or chattel which is likely to be of value (whether by itself or
together with anything else) to the investigation of any offence that has been
committed, or that is reasonably suspected to have been committed or to be
about to be committed or to be intended to be committed, such magistrate may
by warrant directed to any police officer empower him with such assistants as
may be necessary by day or by night-

   (a)  to enter and if necessary to break into or forcibly enter such
        building, vessel or place and to search for and take possession of any
        such newspaper, book or other document or portion of or extract
        therefrom or any such other article or chattel which may be found
        therein; and

   (b)  to detain, during such period as is reasonably required to permit such
        a search to be carried out, any person who may appear to have such
        newspaper, book or other document or portion thereof or extract
        therefrom or other article or chattel in his possession or under his
        control and who, if not so detained, might prejudice the purpose of
        the search. (Replaced 57 of 1992 s. 2)