HKLII Hong Kong Ordinances

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CHEMICAL WEAPONS (CONVENTION) ORDINANCE - SECT 18

Powers of arrest

(1) Subject to subsection (2), a member of the Customs and Excise  Service or
an authorized officer may, without warrant, arrest, or detain for such period
as is reasonably necessary for further inquiries to be carried out, any person
whom he reasonably suspects of having committed any offence under this
Ordinance.

(2) A member of the Customs and Excise Service or an authorized  officer who
arrests any person under subsection (1) shall take the person to a police
station or, if further inquiries are necessary, first to the office of the
Customs and Excise Service or the office of an authorized  officer and then to
a police station, there to be dealt with in accordance with the provisions of
the Police Force Ordinance ( Cap 232); but in no case shall any person be
detained for more than 48 hours without being charged and brought before a
magistrate.

(3) If any person forcibly resists or attempts to evade arrest under this
section, the member of the Customs and Excise Service or the
authorized officer may use such force as is reasonably necessary to effect the
arrest.

(4) If a member of the Customs and Excise Service or an authorized  officer
has reason to believe that a person whom he intends to arrest (in
this section referred to as "the suspected offender") has entered into or is
in any premises or place, any person residing in or in charge of such premises
or place shall, on demand by the member or officer, allow him free entry
thereto and afford all reasonable facilities to search for the 
suspected offender in those premises or that place.

(5) If entry to such premises or place cannot be obtained under subsection
(4), a member of the Customs and Excise Service or an authorized officer, in
any case in which a warrant to enter and search such premises or place may be
issued under section 15(1) but cannot be obtained without affording
the suspected offender an opportunity to escape, may enter the premises or
place and search for the suspected  offender and for the purpose of entry or
search may break open any outer or inner door or window of the premises or
place.



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