Hong Kong Ordinances

TRADE DESCRIPTIONS ORDINANCE - SECT 15

Power to enter premises and inspect and seize goods and documents

(1) An authorized officer may, on production, if required, of evidence of his
appointment-

   (a)  make such purchases of goods as may appear expedient for the purpose
        of determining whether or not the provisions of this Ordinance are
        being complied with;

   (b)  for the purpose of ascertaining whether any offence under this
        Ordinance has been or is being committed, inspect any goods and enter
        any premises other than domestic premises;

   (c)  if he has reasonable cause to suspect that an offence under this
        Ordinance has been committed, seize or detain any goods for the
        purpose of ascertaining, by testing or otherwise, whether the offence
        has been committed;

   (d)  if he has reasonable cause to suspect that an offence under this
        Ordinance has been committed and for the purpose of ascertaining
        whether it has been committed, require any person carrying on a trade
        or business or employed in connection with a trade or business to
        produce any books or documents relating to the trade or business and
        may take copies of, or of any entry in, any such book or document;

   (e)  in the case of any premises, vehicle, vessel (other than a ship of
        war) or aircraft (other than a military aircraft) in which he has
        reasonable cause to suspect that there are goods in respect of which
        an offence under this Ordinance has been or is being committed-

        (i)    subject to section 16, enter and search such premises;

        (ii)   stop and search such vehicle; or

        (iii)  stop, board and search such vessel or aircraft;

   (f)  seize, remove or detain-

        (i)    any goods in respect of which he has reasonable cause to
               suspect an offence under this Ordinance has been or is being
               committed; and

        (ii)   anything which he has reason to believe may be required as
               evidence in proceedings for an offence under this Ordinance.

(2) An authorized officer may-

   (a)  break open any container or open any vending machine for the purpose
        of exercising his powers under subsection (1)(f) to seize goods;

   (b)  break open any outer or inner door of any place which he is empowered
        or authorized by or under this Ordinance to enter and search;

   (c)  forcibly board any vessel or aircraft which he is empowered by this
        Ordinance to stop, board or search;

   (d)  remove by force any person or thing obstructing him in the exercise of
        any power conferred on him by this Ordinance;

   (e)  detain any person found in any premises which he is empowered or
        authorized by or under this Ordinance to search until such place has
        been so searched;

   (f)  detain any vessel or aircraft which he is empowered by this Ordinance
        to stop, board and search, and prevent any person from approaching or
        boarding such vessel or aircraft until it has been so searched;

   (g)  detain any vehicle which he is empowered by or under this Ordinance to
        stop and search until it has been so searched. [cf. 1968 c. 29 ss. 27
        & 28 U.K.]