Hong Kong Ordinances

ENTERTAINMENT SPECIAL EFFECTS ORDINANCE - SECT 29

Power of entry, etc.

PART VII

ENFORCEMENT

(1) Any police officer not below the rank of sergeant, any officer of the Fire
Services Department not below the rank of station officer, any officer of the
Marine Department not below the rank of Marine Inspector II, any officer of
the Authority not below the rank of Explosives Officer II and any gas safety
inspector appointed under section 11 of the Gas  Safety Ordinance ( Cap 51)
may-

   (a)  enter, inspect and examine any place, building or vessel (other than a
        ship of war) in which special effects materials are stored, conveyed,
        used or supplied and every part thereof, at any time, and may make
        inquiries as to the observance of this Ordinance and all matters and
        things relating to the safety of the public or of the persons employed
        in or about such place, building or vessel;

   (b)  require the occupier of any place or building, or the master of any
        vessel (other than a ship of war) which such officer is entitled under
        this section to enter, or a person employed by such occupier or
        master, to give him samples of any materials therein;

   (c)  enter and search any place or building in which such officer may have
        reasonable grounds for suspecting that there may be anything which,
        under paragraph (e), is liable to seizure;

   (d)  stop, board and search any vessel, vehicle, train or aircraft

(other than a ship of war, military aircraft or military vehicle) in which
such officer may have reasonable grounds for suspecting that there may be
anything which, under paragraph (e), is liable to seizure; and

   (e)  seize, remove and detain-

        (i)    anything with respect to which such officer may have reasonable
               grounds for suspecting that any offence against this Ordinance
               has been committed; or

        (ii)   any other thing, which may appear to such officer likely to be,
               or to contain, evidence of any such offence.

(2) Any officer referred to in subsection (1) may-

   (a)  break open any outer or inner door of any place or building which he
        is empowered to enter and search;

   (b)  forcibly enter any vessel, vehicle, train or aircraft which he is
        empowered to stop, board and search and every part thereof;

   (c)  remove by force any material obstruction to, or any person obstructing
        any arrest, detention, entry, search, inspection, seizure or removal
        which he is empowered to make;

   (d)  detain any person found in any place or building which he is empowered
        to enter and search until such place or building has been searched;
        and

   (e)  detain any vessel, vehicle, train or aircraft which he is empowered to
        stop, board and search and any person on board such vessel, vehicle,
        train or aircraft and prevent any person from approaching or boarding
        such vessel, vehicle, train or aircraft until such vessel, vehicle,
        train or aircraft has been searched.

(3) Without prejudice to any power of entry or search conferred by any other
enactment, no officer referred to in subsection (1) shall enter or search any
part of any premises used solely for dwelling purposes except-

   (a)  by virtue of a warrant issued by a magistrate, where such magistrate
        is satisfied by information on oath that there is reasonable ground
        for suspecting that an offence against this Ordinance has been, is
        being or is about to be committed in such part of the premises or
        there is in such part of the premises anything likely to be or to
        contain evidence of such offence; or

   (b)  without warrant, where such officer is of the opinion having regard to
        the circumstances that the purpose of the entry or the search would be
        defeated by application for such warrant.

(4) Any officer referred to in subsection (1) may prevent or stop any use of
special effects materials, notwithstanding that a discharge  permit has been
granted in respect of the occasion, when the circumstances under which such
use is determined by him to be likely to endanger life or cause serious injury
to property.