Hong Kong Ordinances

CHEMICAL WEAPONS (CONVENTION) ORDINANCE - SECT 14

General powers of members of the Customs and Excise Service, etc.

PART 5

POWERS OF INVESTIGATION

(1) Without prejudice to the powers conferred by section 15, a
member of the Customs and Excise Service or an authorized officer may, for the
purposes of this Ordinance—

   (a)  enter at any reasonable time and search any premises or place where a
        declared facility is located;

   (b)  stop, board and search any vessel, aircraft or vehicle;

   (c)  require the production or furnishing of—

        (i)    any permit;

        (ii)   any document which relates to the origin or nature of any
               article or which he reasonably suspects to be relevant to an
               offence under this Ordinance;

        (iii)  any document required to be kept by this Ordinance; or

        (iv)   any information that is relevant to a declaration required to
               be given to the Organization under the Convention;

   (d)  examine and take copies of any permit or of any document referred to
        in paragraph (c);

   (e)  require any information relating to any permit or any document
        referred to in paragraph (c)(i), (ii) or (iii), or any information
        which is information referred to in paragraph (c)(iv), that is—

        (i)    contained in a computer in, on or accessible from the premises,
               place, vessel, aircraft or vehicle entered or boarded under
               this section; or

        (ii)   contained in any device found in or on the premises, place,
               vessel, aircraft or vehicle entered or boarded under this
               section and which is capable of being retrieved on a computer,
               to be produced on a computer in or on the premises, place,
               vessel, aircraft or vehicle in visible and legible form, and
               examine the information;

   (f)  require any information described in paragraph (e) to be produced in a
        form in which it can be taken away and in which it is either capable
        of being retrieved on a computer or visible and legible;

   (g)  take away the copy so produced under paragraph (f);

   (h)  inspect or examine any article which he reasonably suspects to be
        relevant to an offence under this Ordinance;

   (i)  take, without payment but subject to the issue of an official receipt
        for it, a sample of any article referred to in paragraph (h);

   (j)  inspect or examine any article if he considers it necessary to do so
        to ascertain whether or not the provisions of this Ordinance are
        being, or have been, complied with by any person in respect of that
        article;

   (k)  operate any equipment, including electronic equipment, located at the
        facility if he believes, on reasonable grounds, that the equipment can
        be operated without damaging it; or

   (l)  stop and search any person entering or leaving Hong Kong whom he
        reasonably suspects of having committed 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 may
require—

   (a)  any person to whom a permit has been granted; and

   (b)  any servant, employee or agent of any person referred to in paragraph
        (a), to furnish such information or take such action as may be
        necessary to enable the member of the Customs and Excise Service or
        the authorized  officer to exercise the powers conferred on him under
        this Ordinance.

(3) When a sample of any article has been taken by a member of the 
Customs and Excise Service or an authorized officer pursuant to subsection

(1)(i) the Commissioner may, after examination and investigation of it, direct
that the sample be returned to the owner thereof or disposed of in such manner
as the Commissioner thinks fit.