Import and Export Ordinance

(1)
Without prejudice to the powers conferred by
section 21
, any member
                of the Customs and Excise Service and any authorized officer may, for the purposes
                of this
Ordinance—
(a)
enter at any reasonable time and search any premises (other than domestic
                    premises) or place registered under this Ordinance or occupied by a person
who—
(i)
has been registered under this Ordinance;
(ii)
has lodged a production notification with the Director;
(iii)
has been issued with a validated production notification; or
(iv)
is the holder of a licence;
(Amended
3 of 1973 s. 2
;
37 of 1999 s. 4
)
(b)
stop, board and search any vessel, aircraft or vehicle;
(c)
require the production or furnishing
of—
(Amended
30 of 1995 s. 7
)
(i)
any licence, production notification or validated production
                            notification;
(Amended
37 of 1999 s. 4
)
(ia)
the licence number of any licence where the licence has been issued and
                        sent using
                        the
                        specified system;
(Added
30 of 1995 s. 7
. Amended
30 of 2025 s. 16
)
(ib)
any document or information relating to any licence or validated
                        production notification, or to any production notification, declaration or
                        other document required to be lodged, delivered or provided to the
                        Commissioner or Director in connection with the requirements of this Ordinance;
(Added
37 of 1999 s. 4
)
(ic)
the reference number of any production notification or validated
                        production notification;
(Added
37 of 1999 s. 4
)
(ii)
any document which relates to the origin or nature of any article or
                        which he suspects to be relevant to an offence under this Ordinance;
                        or
(iii)
any record or other document required to be kept by this Ordinance;
(Replaced
3 of 1973 s. 2
)
(d)
examine and take copies of any licence, production notification or
                    validated production notification, or of any record, document or information
                    referred to in paragraph (c);
(Replaced
3 of 1973 s. 2
. Amended
37 of 1999 s. 4
)
(da)
require any information relating to any licence, production notification or
                    validated production notification, or to any record, document or information
                    referred to in paragraph (c), that
is—
(Amended
37 of 1999 s. 4
)
(i)
contained in a computer in, on or accessible from the premises, place,
                        vessel, aircraft or vehicle entered or boarded under this section;
                        or
(ii)
contained in any device found in or on the premises, place, vessel,
                        aircraft or vehicle entered or boarded under this section and which is
                        capable of being retrieved on a computer,
to be produced on a computer in or on the premises, place, vessel,
                    aircraft or vehicle in a visible and legible form, and examine the information;
(Added
30 of 1995 s. 7
)
(db)
require any information described in paragraph (da) 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;
(Added
30 of 1995 s. 7
)
(dc)
take away the copy so produced under paragraph (db);
(Added
30 of 1995 s. 7
)
(e)
take, without payment but subject to the issue of an official receipt for
                    it, such sample of any article in respect of which any licence or validated
                    production notification may be issued or any production notification has been
                    lodged under this Ordinance as may be required by the Commissioner for the
                    purpose of examination and investigation;
(Amended
L.N. 294 of 1982
;
37 of 1999 s. 4
)
(f)
examine any article if he considers it necessary to do so to ascertain
                    whether or not the provisions of this Ordinance are being, or have been,
                    complied with by any person in respect of that article; or
(g)
stop and search any person entering or leaving Hong
Kong:
Provided that no person
                        shall be searched except by a person of the same sex or be searched in a
                        public place if he objects to being so searched.
(2)
Any member of the Customs and Excise Service and any authorized officer may
require—
(a)
any person to whom a licence or validated production notification has been issued;
(Amended
37 of 1999 s. 4
)
(b)
any person who has been registered under this Ordinance; and
(c)
any servant, employee or agent of any person referred to in paragraph (a) or (b),
to furnish such information or take such action as may be necessary to enable the member of the Customs and Excise Service or the authorized officer to exercise the powers conferred on him under this Ordinance.
(3)
When a sample of any article has been taken by a member of the Customs and
                Excise Service or an authorized officer pursuant to subsection
(1
)(
e)
the
                Commissioner may, after examination and investigation of it, direct that the sample
                be returned to the owner thereof or disposed of in such manner as the Commissioner
                thinks fit.
(Amended
L.N. 294 of 1982
)