Hong Kong Ordinances

CHEMICAL WEAPONS (CONVENTION) ORDINANCE - SECT 15

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

(1) A magistrate may, if he is satisfied by information on oath that there is
reasonable ground for suspecting that there is in or on any premises or place
any article which may be seized under section 16, or any person who may be
arrested under section 18, 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 or on any premises or place any article which may
               be seized under section 16; or

        (ii)   there is in, on or accessible from any premises or place a
               computer containing any information of a kind specified in
               section 16(2), or there is in or on 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), a member of the Customs and Excise  Service or
an 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 16, stop, board, remove, detain and search the vessel, aircraft or
vehicle.

(4) Subject to subsections (5) and (6), subsection (3) does not authorize—

   (a)  the detention for more than 12 hours of any vessel;

   (b)  the detention for more than 6 hours of any aircraft; or

   (c)  the detention for more than 12 hours of any vehicle.

(5) The Chief Secretary may, by order in writing under the hand of the
Chief Secretary, detain a vessel referred to in subsection (4)(a) for further
periods of not more than 12 hours each or detain an aircraft referred to in
subsection (4)(b) for further periods of not more than 6 hours each, and any
such order made by the Chief Secretary shall state the times from which and
for which the order shall be effective.

(6) The Commissioner may, by order in writing under the hand of the
Commissioner, detain a vehicle referred to in subsection (4)(c) for further
periods of not more than 12 hours each, and any such order made by the
Commissioner shall state the times from which and for which the order shall be
effective.