Cap. 60activeordinance

Import and Export Ordinance

進出口條例

Full legislation

s.23

Powers of arrest of authorized officers and members of the Customs and Excise Service

(1)
Any member of the Customs and Excise Service and any authorized officer may, subject to subsection (2), arrest or detain for further inquiries without warrant any person whom he reasonably suspects of having committed any offence under this Ordinance.
(2)
Any member of the Customs and Excise Service and any authorized officer who arrests any person under subsection (1) shall take the person to a police station or, if further inquiries are necessary, first to the office of the Customs and Excise Service or the office of an authorized officer and then to a police station, there to be dealt with in accordance with the provisions of the Police Force Ordinance (
Cap. 232
):
(Amended
62 of 1993 s. 7
)
Provided that in no case shall any person be detained for more than 48 hours without being charged and brought before a magistrate.
(3)
If any person forcibly resists or attempts to evade arrest under
                                this section, the member of the Customs and Excise Service or the
                                authorized officer may use such force as is reasonably
                                necessary
                                to effect the arrest.
(4)
If any member of the Customs and Excise Service or any authorized officer has
                reason to believe that a person whom he intends to arrest (hereinafter in this
                section referred to as the
suspected
                        offender
) has entered into or is in any place or premises, any
                person residing in or in charge of such place or premises shall, on demand by the
                member or authorized officer, allow him free entry thereto and afford all reasonable
                facilities to search for the suspected offender therein.
(5)
If entry to such premises or place cannot be obtained under subsection (4) a member of the Customs and Excise Service or an authorized officer, in any case in which a warrant to enter and search such premises or place may issue but cannot be obtained without affording the suspected offender an opportunity to escape, may enter the premises or place and therein search for the suspected offender and for the purpose of entry or search may break open any outer or inner door or window of the premises or place.