Full legislation
s.41K
Magistrate’s warrants to enter premises, etc.
(1)
This section applies if a magistrate is satisfied on information on oath laid
by a person specified in subsection (3) that there are reasonable grounds to suspect
that there is, or is likely to be, on premises specified in the information a record
or document that may be required to be produced under
section 41B
or
41D
.
(2)
If this section applies, the magistrate may issue a warrant authorizing a person
mentioned in the warrant, and other persons who may be necessary to assist in the
execution of the
warrant—
(a)
to enter the premises, if necessary by force, at any time within the period
of 7 days beginning on the date of the warrant; and
(b)
to search for, seize and remove a record or document that the person
mentioned in the warrant has reasonable cause to believe may be required to be
produced under
section 41B
or
41D
.
(3)
The person specified for subsection (1)
is—
(a)
in relation to a record or document that may be required to be produced
under
section 41B
—an inspector; or
(b)
in relation to a record or document that may be required to be produced
under
section 41D
—an investigator.
(4)
If an authorized person has reasonable cause to believe that a person found on
the premises is employed, or engaged to provide a service, in connection with a
business that is or has been conducted on the premises, the authorized person may
require that person to produce for examination a record or document
that—
(a)
is in the possession of that person; and
(b)
the authorized person has reasonable cause to believe may be required to be
produced under
section 41B
or
41D
.
(5)
An authorized person may, in relation to a record or document required to be
produced under subsection (4
)—
(a)
prohibit a person found on the premises
from—
(i)
removing the record or document from the premises;
(ii)
erasing anything from, adding anything to, or otherwise altering
anything in, the record or document; or
(iii)
otherwise interfering in any way with, or causing or permitting any
other person to interfere with, the record or document; or
(b)
take any other step that appears to the authorized person to be necessary
for—
(i)
preserving the record or document; or
(ii)
preventing interference with the record or document.
(6)
An authorized person who enters any premises under this section must, if
required, produce the warrant for inspection.
(7)
Section 102
of the Criminal Procedure Ordinance (
Cap. 221
) applies to any property that has, because of
this section, come into the possession of the Authority, as it applies to property
that has come into the possession of the police.
(8)
A person commits an offence if the
person—
(a)
without reasonable excuse, fails to comply with a requirement or
prohibition imposed on the person under subsection (4) or (5); or
(b)
obstructs an authorized person exercising a power conferred by subsection
(4) or (5).
(9)
A person who commits an offence under subsection (8) is
liable—
(a)
on conviction on indictment to a fine of $1,000,000 and to imprisonment for
2 years; or
(b)
on summary conviction to a fine at level 6 and to imprisonment for 6
months.
(10)
In this
section—
authorized person
(
獲授權人
) means a person mentioned in, and authorized by, a warrant issued
under subsection (2) to carry out the acts set out in paragraphs (a) and (b) of that
subsection.