Hong Kong Ordinances

PREVENTION OF CHILD PORNOGRAPHY ORDINANCE - SECT 5

Entry, search and seizure under warrant

(1) If, on an application made by a police officer or member of the Customs
and Excise Service by laying an information on oath, a magistrate is satisfied
that there are reasonable grounds for suspecting that there is in or on any
premises, place, vessel, aircraft or vehicle—

   (a)  any thing in respect of which an offence under section 3 has been or
        is being or is about to be committed; or

   (b)  any thing that is, or contains, evidence of the commission of any such
        offence, he may issue a warrant authorizing any person being a police
        officer or member of the Customs and Excise Service to enter or board
        such premises, place, vessel, aircraft or vehicle, and search for,
        seize, remove and detain any such thing.

(2) An authorized officer may—

   (a)  if he is a police officer, call on any member of the Customs and
        Excise Service; or

   (b)  if he is a member of the Customs and Excise Service, call on any
        police officer, to assist him in the exercise of the powers conferred
        by this section.

(3) An authorized officer or an assisting officer may, at any time of the day
or night—

   (a)  enter and search any premises or place named in the warrant; or

   (b)  stop, board and search any vessel, aircraft or vehicle named in the
        warrant.

(4) An authorized officer or an assisting officer may seize, remove and
detain—

   (a)  any thing in respect of which he suspects on reasonable grounds that
        an offence under section 3 has been or is being or is about to be
        committed; and

   (b)  any thing that he suspects on reasonable grounds to be, or to contain,
        evidence of the commission of such an offence.

(5) In this section—

"aircraft" (飛機) does not include a military aircraft;

"vehicle" (車輛) does not include a military vehicle;

"vessel" (船隻) does not include a ship of war or a ship having the status
of a ship of war.

"aircraft" (飛機)

"vehicle" (車輛)

"vessel" (船隻)