### Reserved Commodities Ordinance 《儲備商品條例》

10A. Powers in relation to information in electronic form
(1) A power conferred under section 10(1)(c)(ii) to seize, remove and detain anything that is suspected to be or to contain evidence of an offence includes, where the evidence consists of information that is stored or capable of being retrieved in the form of an electronic record, the power to require that the information be produced in a form in which it can be removed and in which it is either legible or capable of being retrieved on a computer, and to seize, remove and detain the material so produced.
(2) A power conferred under section 10(1)(e) to require the production of and examine any document includes the power to require the production in a legible form of information that is stored or capable of being retrieved in the form of an electronic record and to examine the information or material so produced.
(3) A power conferred by this Ordinance to seize, remove and detain anything found in any premises or place entered under section 10(1)(a) shall be construed as including the power—
(a) to require that any information stored in the form of an electronic record and accessible from the premises or place be produced in a form in which it is either legible or capable of being retrieved on a computer and in which it can be removed; and
(b) to remove anything produced pursuant to a requirement made under paragraph (a).
(Added 24 of 2002 s. 3)

11. Power of arrest of members of the Customs and Excise Service and authorized officers
(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, after any necessary inquiries, take the person to a police station, there to be dealt with in accordance with the Police Force Ordinance (Cap. 232).
(3) In no case shall any person be detained under subsection (1) or (2) for more than 48 hours without being charged and brought before a magistrate.
(4) If any person forcibly resists or attempts to evade arrest under this section, a member of the Customs and Excise Service or an authorized officer may use such force as is reasonably necessary to effect the arrest.
(5) 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

### Reserved Commodities Ordinance 《儲備商品條例》

12. Obstruction of members of Customs and Excise Service etc.
Any person who obstructs a member of the Customs and Excise Service or an authorized officer in the exercise of any power or the performance of any duty conferred or imposed on members of the Customs and Excise Service or authorized officers by this Ordinance shall be guilty of an offence and shall be liable on conviction to a fine at level 3 and to imprisonment for 6 months.
(Amended E.R. 2 of 2020)

13. Appeal to the Chief Executive
Any person aggrieved by a decision of the Commissioner or the Director under this Ordinance may, within 21 days from the date when he was informed of the decision or within such further period as the Chief Executive may allow in any particular case, appeal by way of petition to the Chief Executive.
(Amended L.N. 294 of 1982; 65 of 2000 s. 3)

14. Provision of information where use of recognized electronic service is not practicable
(1) This section applies to any information that under a provision of this Ordinance (a relevant provision

15. Provision of manifest information relating to cargo carried in a road vehicle
(1) This section applies to any information that is contained in the manifest of cargo carried in or on a vehicle other than a train and that under this Ordinance is required to be given to the Director using a recognized electronic service.
(2) The Commissioner may, by notice published in the Gazette, specify that any information to which this section applies shall be given in paper form and, where a notice published under this subsection has effect, the information shall, in accordance with the provisions of this Ordinance as read together with the notice, be given in paper form only.
(3) A notice published under subsection (2) may require that the information to be given in paper form be certified as correct or that the document containing the information be certified as a true copy, as may be appropriate, by the person giving the information or by some other person.
(4) A notice published under subsection (2) is not subsidiary legislation.
(Added 24 of 2002 s. 3)

### Reserved Commodities (Control of Sales by Wholesale) Regulations 《儲備商品(批發售賣的管制)規例》

1. Citation
These regulations may be cited as the Reserved Commodities (Control of Sales by Wholesale) Regulations.

2. Interpretation
In these regulations, unless the context otherwise requires—
registered wholesaler (註冊批發商) means a person registered under regulation 4 as a registered wholesaler;
reserved commodity (儲備商品) means a commodity specified as a reserved commodity in the Schedule.

3. Application for registration
(1) Any person may apply to the Director to be registered as a registered wholesaler of a reserved commodity.
(2) An application for registration as a registered wholesaler shall be in writing in a form approved by the Director containing the following particulars—
(a) the name of the applicant, including the business name if he carries on business under a name other than his own;
(b) the applicant’s private address;
(c) the reserved commodity in respect of which the application is made;
(d) the premises at which the wholesale business in that reserved commodity is to be carried on.
(3) Without prejudice to paragraph (2) the Director may, in writing, require from an applicant such further particulars as he may specify. (E.R. 2 of 2020)
(4) A separate application shall be made in respect of each reserved commodity.

4. Registration
Within 14 days of the receipt of an application under regulation 3 for registration as a registered wholesaler the Director may—
(a) register the applicant as a registered wholesaler of the reserved commodity in respect of which the application was made; or
(b) give notice in writing to the applicant of his refusal to register the applicant.

5. Conditions of registration
(1) The registration of a wholesaler under regulation 4 shall be subject to such conditions as the Director may specify.
(2) The Director may at any time cancel or vary the conditions of such registration or specify new conditions.

6. Records and returns by registered wholesaler
Without prejudice to the requirements of any condition specified under regulation 5, the Director may require a registered wholesaler to—
(a) keep such records; and
(b) submit to the Director such returns of wholesale transactions in the reserved commodity in respect of which he is registered, balance sheets, profit and loss accounts and other financial records,
as he may specify.