Hong Kong Ordinances

WEIGHTS AND MEASURES ORDINANCE - SECT 24

Powers of entry, search, arrest, etc.

PART V

ADMINISTRATION

(1) Where a warrant is issued under section 25, an authorized  officer, if he
has reasonable cause to believe that there is in or on any premises-

   (a)  any weighing or measuring equipment, or unit of measurement, in
        respect of which an offence under section 11, 12, 13(1) or 14;

   (b)  any goods supplied or intended to be supplied in the course of trade
        in respect of which an offence under section 16, 17 or 19; or

   (c)  any advertisement in respect of which an offence under section  23
        (1), is being or has been committed, may-

        (i)    in the case of premises other than a vehicle or vessel, enter
               and search any such premises;

        (ii)   in the case of a vehicle or vessel, stop, board, detain, enter
               and search any such vehicle or vessel.

(2) For the purposes of subsection (1), an authorized officer may-

   (a)  inspect, or cause to be inspected, any weighing or measuring 
        equipment;

   (b)  examine the quantity of any goods and, where necessary, break open any
        container to establish the quantity of the contents;

   (c)  seize, remove and detain-

        (i)    any weighing or measuring equipment or goods with respect to
               which the authorized officer may have reasonable cause to
               believe that an offence referred to in subsection (1) is being
               or has been committed; or

        (ii)   any other thing which may appear to the authorized officer
               likely to be, or to contain, evidence of any such offence;

   (d)  require any person in possession or control of any weighing or 
        measuring equipment or goods to furnish information relating to such
        equipment or goods as may be reasonably required for the purposes of
        this Ordinance.

(3) Where an authorized officer enters and searches any premises under
subsection (1), he may arrest or detain for further enquiries any person found
therein whom he reasonably suspects is committing or of having committed any
offence referred to in that subsection.

(4) An authorized officer who arrests any person under subsection

(3) shall forthwith take the person to a police station or, if in the opinion
of that authorized officer further enquiries are necessary, first to an office
of the Customs and Excise Department 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.

(5) If any person forcibly resists or attempts to evade arrest under
subsection (3), the authorized officer may use such force as is reasonably
necessary to effect the arrest. (Enacted 1987)