Hong Kong Ordinances

CHEMICAL WEAPONS (CONVENTION) ORDINANCE - SECT 16

Power to seize articles, etc., or require production of information

(1) A member of the Customs and Excise Service or an authorized  officer
may—

   (a)  seize any article in respect of which he reasonably suspects that an
        offence has been committed under this Ordinance, or which he
        reasonably suspects to be, or to contain, evidence of the commission
        of such an offence; or

   (b)  seize any vessel or vehicle if he reasonably suspects the vessel or
        vehicle to have been used in connection with the commission of an
        offence under this Ordinance.

(2) Where a member of the Customs and Excise Service or an authorized officer
reasonably suspects, as regards any information that is contained in a
computer in, on or accessible from any premises, place, vessel, aircraft or
vehicle entered or boarded under section 15, that the information relates to
an offence which has been, or may have been, committed under this Ordinance,
the member or officer—

   (a)  may require the information to be produced on a computer in or on the
        premises, place, vessel, aircraft or vehicle in a visible and legible
        form, and may examine the information; or

   (b)  may require the information to be produced in a form in which it can
        be taken away and in which it is either visible and legible or capable
        of being retrieved on a computer, and may take away the copy so
        produced.

(3) In subsection (2), a reference to information contained in a computer in
or on any declared premises, place, vessel, aircraft or vehicle entered or
boarded under section 15 includes a reference to information which is
contained in any device found in or on such premises, place, vessel, aircraft
or vehicle and which is capable of being retrieved on a computer.

(4) The owner of any article or document seized by a member of the 
Customs and Excise Service or an authorized officer under this section may, on
application to the Commissioner and subject to such conditions as the
Commissioner may impose, photograph or make any other form of copy of the
seized article or document.

(5) Where any article, vessel or vehicle seized by a member of the 
Customs and Excise Service or an authorized officer under this section—

   (a)  is not, or is no longer, required for the purposes of any
        investigation or criminal proceedings under this Ordinance or any
        other enactment; and

   (b)  is not liable to forfeiture under this Ordinance or any other
        enactment, then the Commissioner shall, as soon as is reasonably
        practicable, restore the article, vessel or vehicle to the person who
        appears to him to be the owner thereof or the authorized agent of the
        owner.