Full legislation
s.21
Special powers of the members of the Customs and Excise Service, etc.
(1)
Subject to
section 22
, any member of the Customs and Excise Service and any authorized officer may, if he reasonably suspects that there is, in or on any premises or place, vessel, aircraft or vehicle, any article in respect of which an offence has been committed under this Ordinance or which is, or contains, evidence of the commission of such
offence—
(a)
enter and search any such premises or place;
(b)
stop, board, remove, detain and search any vessel, aircraft or vehicle.
(2)
Any member of the Customs and Excise Service and any authorized officer
may—
(Amended
30 1995 s. 8
)
(a)
seize any
article—
(i)
in respect of which he reasonably suspects that an offence has been
committed under this Ordinance; or
(ii)
which he reasonably suspects to be, or to contain, evidence of the
commission of such an offence;
(b)
seize any vessel which has a tonnage not exceeding 250 gross tons and any
vehicle, if he reasonably suspects such vessel or vehicle to have been used in
connexion with the commission of an offence under this Ordinance;
(Amended
30 1995 s. 8
)
(c)
require any information which he reasonably suspects relates to an offence
which has been, or may have been, committed under this Ordinance that
is—
(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. 8
)
(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
(Added
30 of 1995 s. 8
)
(e)
take away the copy so produced under paragraph (d).
(Added
30 of 1995 s. 8
)
(3)
Subject to
section 22
, any member of the Customs and Excise Service or any authorized officer may enter and search any premises or place connected with the manufacture, processing, production, storage, distribution or sale of any article in respect of which a licence or validated production notification has been issued or a production notification has been lodged under this Ordinance.
(Amended
37 of 1999 s. 5
)
(4)
The owner of any article, licence, production notification, validated production notification or other document seized by a member of the Customs and Excise Service or an authorized officer under this section may, on application to the Commissioner and subject to such conditions as the Commissioner may impose, photograph or make any other form of copy of the seized article, licence, production notification, validated production notification or document.
(Amended
L.N. 294 of 1982
;
37 of 1999 s. 5
)