Hong Kong Ordinances

TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SECT 20

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)  subject to section 21, for the purpose of ascertaining whether or not
        any offence under this Ordinance has been or is being committed,
        inspect any goods and enter any premises, vehicle, vessel or aircraft;

   (b)  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 or not the
        offence has been committed;

   (c)  for the purpose of ascertaining whether or not an offence under this
        Ordinance has been committed, require any person carrying on or
        employed in connection with, a trade or business to produce any books
        or documents relating to the trade or business, and may take originals
        or copies of, or of any entry in, a book or document;

   (d)  in the case of any premises, vehicle, vessel or 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)    enter and search those premises;

        (ii)   stop, board and search that vehicle, vessel or aircraft; and

   (e)  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)(e) to seize goods;

   (b)  break open any outer or inner door necessary to conduct a search
        authorized by this Ordinance;

   (c)  forcibly board any vehicle, 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)  for the duration of a search or for such shorter period as the officer
        considers appropriate, detain any person found during a search
        authorized by this Ordinance where the officer, after inquiry, has
        reasonable grounds for believing the person is connected with the
        subject-matter of the search and the officer considers it necessary to
        detain the person in order to be able to adequately perform the
        search;

   (f)  arrest or detain for further inquiry any person whom he reasonably
        suspects is committing or has committed an offence under this
        Ordinance; and

   (g)  detain any vehicle, vessel or aircraft which he is empowered by this
        Ordinance to stop, board and search until it has been so searched.

(3) An authorized officer who arrests a person under subsection

(2)(f) shall forthwith take the person to a police station or, if in the
opinion of that authorized officer further inquiries are necessary, first to
an office of the Customs and Excise Department and then to a police station,
there to be dealt with in accordance with the provisions of the
Police Force Ordinance ( Cap 232); but, whether arrested or not, in no case
shall a person be detained under subsection (2)(f) for more than 48 hours
without being charged and brought before a magistrate.

(4) If any person forcibly resists or attempts to evade arrest under
subsection (2)(f), the authorized officer may use such force as is reasonably
necessary to effect the arrest. (Enacted 1992)