Full legislation
s.64ZZP
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 64ZZF or 64ZZH . (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 64ZZF or 64ZZH . (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 64ZZF —an inspector; or (b) in relation to a record or document that may be required to be produced under section 64ZZH —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 64ZZF or 64ZZH . (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.