Hong Kong Ordinances

WEAPONS OF MASS DESTRUCTION (CONTROL OF PROVISION OF SERVICES) ORDINANCE - SECT 6

Entry and search of premises; detention and search of vessels, etc.

(Past version on 30/06/1997).

(1) A magistrate may, if he is satisfied by information on oath that there is
reasonable ground for suspecting that there is in any premises or place any
article which may be seized under section 7, issue a warrant authorizing a
member of the Customs and Excise Service or an authorized officer to enter and
search the premises or place.

(2) If the Commissioner reasonably suspects-

   (a)  that-

        (i)    there is in any premises or place any article which may be
               seized under section 7(1); or

        (ii)   there is in, or accessible from any premises or place a
               computer containing any information of a kind specified in
               section 7(2), or there is in any premises or place any device
               which contains any such information in a form in which it is
               capable of being retrieved on a computer; and

   (b)  that unless the premises or place are entered and searched
        immediately, the article is likely to be removed from the premises or
        place or the information is likely to be destroyed or rendered
        incapable of being retrieved on a computer, he may authorize in
        writing a member of the Customs and Excise Service or an
        authorized officer to enter and search the premises or place.

(3) Subject to subsection (4), any member of the Customs and Excise  Service
and any authorized officer may, if he reasonably suspects that there is in or
on any vessel, aircraft or vehicle any article which may be seized under
section 7, stop, board, remove, detain and search the vessel, aircraft or
vehicle.

(4) Subsection (3) does not authorize-

   (a)  the detention for more than 12 hours without the consent of the Chief
        Secretary for Administration of any vessel which has a tonnage
        exceeding 250 gross tons; or

   (b)  the detention for more than 6 hours without the consent of the Chief
        Secretary for Administration of any aircraft, and the Chief Secretary
        for Administration may, by order in writing under his hand, detain
        such a vessel for further periods of not more than 12 hours each or
        detain an aircraft for further periods of not more than 6 hours each,
        and any such order made by the Chief Secretary for Administration
        shall state the times from which and for which the order shall be
        effective. (Amended L.N. 362 of 1997)