Import and Export Ordinance

(1)
This section applies to the exclusion of Part V (except
sections
                    20(1
)(
c
)(
ii)
and (d), 21(2)(c), (d) and (e) and 26) and of
section
                    35
.
(2)
For the enforcement of
section 13B
, a member of the Customs and
                Excise
Service—
(a)
may stop and search a person, and search anything in the person’s
                    possession;
(b)
may stop, board and search any transport carrier;
(c)
may examine any article (including cargo, unaccompanied baggage or
                    unaccompanied personal belongings) that is not contained in a postal packet;
                    and
(d)
may, in the presence of, and under the directions of, an officer of the
                    Post Office, open and examine any postal packet.
(3)
A person searched under subsection
(2
)(
a)
—
(a)
may only be searched by a person of the same sex; and
(b)
may not be searched in a public place if the person objects to being so
                    searched.
(4)
A member of the Customs and Excise Service may seize, remove or detain any
                article if the member reasonably suspects
that—
(a)
the article is an alternative smoking product; and
(b)
an offence under
section 13B
has been, is being or is about to
                    be committed in respect of the article.
(5)
If a member of the Customs and Excise Service reasonably suspects that a person
                has committed, is committing or is about to commit an offence under
section
                    13B
, the
member—
(a)
to facilitate the enforcement of that section, may detain the person for a
                    reasonable period; and
(b)
may arrest the person without warrant.
(6)
A magistrate may issue a warrant empowering a member of the Customs and Excise
                Service named in the warrant to at any time enter any place that is neither a public
                place nor a domestic premises if it appears to the magistrate from information on
                oath that there is reasonable cause for suspecting
that—
(a)
an offence under
section 13B
has been, is being or is about to
                    be committed in that place; or
(b)
anything that is or contains, or that is likely to be or contain, evidence
                    of an offence under
section 13B
is in that place.
(7)
A member of the Customs and Excise Service may use any force reasonably
                necessary for exercising a power under or pursuant to this section.
(8)
In this
section—
officer of the Post Office
(
郵政署人員
) has the meaning given by
section
                    2(1)
of the Post Office Ordinance (
Cap.
                98
);
postal packet
(
郵包
) has the meaning given by
section 2(1)
of the Post Office
                Ordinance (
Cap. 98
);
transport carrier
(
交通工具
) includes an aircraft, vehicle, vessel or train, and any other
                means of travel or transport.