Hong Kong Ordinances

WEAPONS OF MASS DESTRUCTION (CONTROL OF PROVISION OF SERVICES) ORDINANCE - SECT 9

Ancillary powers of investigation

(1) Any member of the Customs and Excise Service and any authorized  officer
may-

   (a)  use such force as is reasonably necessary to enter any premises or
        place which he is empowered by this Ordinance to enter and search;

   (b)  use such force as is reasonably necessary to stop, board, remove,
        detain and search any vessel, aircraft or vehicle which he is
        empowered by this Ordinance to stop, board, remove, detain and search;

   (c)  use such force as is reasonably necessary to remove any person or
        thing obstructing him in the exercise of any power conferred on him by
        this Ordinance;

   (d)  for the purposes of carrying out a search of any premises or place
        which he is empowered by this Ordinance to search, to detain during
        such period as is reasonably required to permit the search to be
        carried out any person who-

        (i)    may appear to have in his possession or under his control any
               document as is mentioned in section 5(b), any article as is
               mentioned in section 7(1) or any computer or device as is
               mentioned in section 5(d) or 7(2) and (3); and

        (ii)   if not so detained, might prejudice the purpose of the search;

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

   (f)  search the person and property and effects of any person whom he
        reasonably suspects of being guilty of an offence under this
        Ordinance; but no person shall be searched except by a person of the
        same sex, or be searched in a public place if he objects to being so
        searched.

(2) A member of the Customs and Excise Service or an authorized  officer who
is authorized-

   (a)  under section 5(a), to search any vessel, aircraft or vehicle;

   (b)  under section 5(c) or (d), to examine any document or information;

   (c)  under section 6, to enter and search any premises or place or to
        search any vessel, aircraft or vehicle;

   (d)  under section 7, to examine any information, may, if he reasonably
        considers it necessary or desirable for the proper and effective
        performance of those duties, call upon any person to assist him in
        carrying out that entry, search or examination.