Hong Kong Ordinances

UNSOLICITED ELECTRONIC MESSAGES ORDINANCE - SECT 40

Powers of entry, search, arrest, etc.

(1) The Authority or an authorized officer may—

   (a)  without warrant, arrest any person whom he reasonably suspects of
        having committed a specified offence; and

   (b)  where a warrant has been issued under section 41(1) (power of
        magistrate to issue search warrant) in respect of any premises or
        place—

        (i)    enter and search the premises or place;

        (ii)   detain any person found in or on the premises or place, during
               such period as is reasonably required to permit the search to
               be carried out, where that person might prejudice the purpose
               of the search if he were not so detained; and

        (iii)  seize, remove or detain any telecommunications device or other
               thing found in or on the premises or place that is or that
               contains, or that appears to him to be or to contain, or to be
               likely to be or to contain, evidence of the commission of a
               specified offence.

(2) The Authority or an authorized officer may, in carrying out a search of
any premises or place entered under a warrant issued under section 41(1)
(power of magistrate to issue search warrant)—

   (a)  inspect, operate and analyze any telecommunications device or other
        thing found in or on the premises or place;

   (b)  require to be given or produced to him any information

(including but not limited to passwords) or document or other thing as will
enable him to inspect, operate and analyze any telecommunications  device or
other thing referred to in paragraph (a);

   (c)  require any information that relates, or that appears to him to
        relate, or to be likely to relate, to the commission or suspected
        commission of a specified offence and that is—

        (i)    contained in a computer in, on or accessible from the premises
               or place; or

        (ii)   contained in any other telecommunications device or other thing
               found in or on the premises or place and that is capable of
               being retrieved on a computer,
to be produced on a computer in or on the premises or place in a visible and
legible form, and examine the information;

   (d)  require any information described in paragraph (c) 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

   (e)  take away the copy so produced under paragraph (d).

(3) The Authority or an authorized officer may—

   (a)  break into and forcibly enter any premises or place that he is
        empowered to enter and search under a warrant issued under
        section 41(1)

(power of magistrate to issue search warrant); and

   (b)  remove by force any person or thing obstructing him in the performance
        of his functions under this section.

(4) Where the Authority or an authorized officer arrests a person under
subsection (1)(a), he shall, without delay, take the person to a police
station to be dealt with there in accordance with the Police Force  Ordinance
( Cap 232) or deliver him into the custody of a police officer for that
purpose.

(5) The Authority or an authorized officer may call upon police officers or
other public officers to assist him in the performance of any function under
this section.

(6) This section is without prejudice to any powers of arrest, entry and
search conferred on police officers under any other enactment or rule of law.