Hong Kong Ordinances

LONG-TERM PRISON SENTENCES REVIEW ORDINANCE - SECT 40

Prisoner may be arrested if supervision order is suspended or revoked

(1) Any police officer or correctional services officer may, without warrant,
arrest and detain a prisoner released under a supervision  order if the Board
makes an order suspending the operation of the supervision order or if the
supervision order is revoked.

(2) If a prisoner who is liable to be arrested under this section forcibly
resists the attempt of a police officer or correctional services  officer to
arrest the prisoner, the officer (and any person assisting the officer) may
use all reasonable means necessary to make the arrest.

(3) If a police officer or correctional services officer reasonably believes
that a prisoner to be arrested under this section is on particular premises,
the person residing at or in charge of the premises must, if the officer so
requests, allow the officer to enter the premises to search for the prisoner.

(4) If entry to premises cannot be obtained as a result of a request under
subsection (3) or if no person appears to be on the premises, a police officer
or correctional services officer may enter the premises and search them. For
that purpose, the officer may break open any outer or inner door or window of
the premises.

(5) The power conferred by subsection (4) may be exercised without a warrant
only if a warrant cannot be obtained without giving the prisoner an
opportunity to evade arrest.

(6) If a person residing at or in charge of premises that a police officer or
correctional services officer seeks to enter under subsection

(4) requests the officer to produce evidence of the officer's authority or to
specify the purpose of the entry, the officer may exercise the powers
conferred by that subsection only after complying with the request.