Import and Export Ordinance

(1)
An
inspector—
(a)
may seize, remove or detain any article if the inspector reasonably suspects
that—
(i)
the article is an alternative smoking product; and
(ii)
an offence under
section 13B
has been, is being or is about
                        to be committed in respect of the article; and
(b)
may seize any other thing that appears to the inspector to be evidence of
                    an offence under
section 13B
.
(2)
If an inspector reasonably suspects that a person has committed, is committing
                or is about to commit an offence under
section 13B
, the
                inspector,
                to facilitate the enforcement of that
section—
(Amended
39 of 2025 s. 74
)
(a)
may detain the person for a reasonable period;
(b)
may search the person and the person’s belongings; and
(c)
may arrest the person without warrant, and take the person to a police
                    station to be dealt with in accordance with the Police Force Ordinance (
Cap. 232
).
(Amended
39 of 2025 s. 74
)
(2A)
If the person resists, or attempts to evade, a search or arrest effected under
                subsection (2), the inspector may use any force that is reasonably necessary to
                effect the search or arrest.
(Added
39 of 2025 s. 74
)
(3)
An inspector may do all or any of the
following—
(a)
require any person to give the person’s name and address and to produce
                    proof of identity if the inspector reasonably suspects that the person has
                    committed, is committing or is about to commit an offence under
section
                        13B
;
(b)
take photographs or make sound or video recording for obtaining evidence in
                    connection with an offence under
section 13B
;
(c)
require any person to produce for inspection documents or records under the
                    control of the person for enabling the inspector to ascertain whether the person
                    has committed, is committing or is about to commit an offence under
section
                        13B
;
(d)
make copies of all or any part of the documents or records;
(e)
require any person to provide the inspector with any assistance or
                    information that is reasonably necessary to enable the inspector to exercise a
                    power conferred, or perform a duty imposed, by this section.
(4)
A magistrate may issue a warrant empowering an inspector 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.
(5)
In exercising a power under subsection (1), (2) or (3), or under a warrant
                mentioned in subsection (4), an inspector must, if requested, produce proof of his
                or her authority as an inspector.
(6)
A person who wilfully obstructs an inspector who is in the exercise of a power
                conferred, or in the performance of a duty imposed, by this section commits an
                offence and is liable on conviction to a fine at level 3 and to imprisonment for 6
                months.
(7)
A person who, when required under subsection
(3
)(
a)
to give the
                person’s name and address or to produce proof of
identity—
(a)
fails to do so; or
(b)
gives a false or misleading name or address,
commits an offence and is liable on conviction to a fine at level 3 and to
                imprisonment for 6 months.
(8)
If an inspector seizes any property while exercising a power conferred, or
                performing a duty imposed, by this section,
section 102
of the Criminal
                Procedure Ordinance (
Cap. 221
) applies as if the
                inspector were the police within the meaning of that section and the property were
                property that had come into possession of the police in connection with a criminal
                offence.
(9)
For the purposes of subsection (8), an article transferred to an inspector as
                mentioned in
section 13O(2)
is regarded as an article seized by the
                inspector.
(10)
In this
section—
proof of identity
(
身分證明文件
) has the meaning given by
section 17B(1)
of the
                Immigration Ordinance (
Cap. 115
).