### Weapons of Mass Destruction (Control of Provision of Services) Ordinance 《大規模毀滅武器(提供服務的管制)條例》

6. Entry and search of premises; detention and search of vessels, etc.
(1) A magistrate may, if he is satisfied by information on oath that there is reasonable ground for suspecting that there is in any premises or place any article which may be seized under section 7, issue a warrant authorizing a member of the Customs and Excise Service or an authorized officer to enter and search the premises or place.
(2) If the Commissioner reasonably suspects—
(a) that—
(i) there is in any premises or place any article which may be seized under section 7(1); or
(ii) there is in, or accessible from any premises or place a computer containing any information of a kind specified in section 7(2), or there is in any premises or place any device which contains any such information in a form in which it is capable of being retrieved on a computer; and
(b) that unless the premises or place are entered and searched immediately, the article is likely to be removed from the premises or place or the information is likely to be destroyed or rendered incapable of being retrieved on a computer,
he may authorize in writing a member of the Customs and Excise Service or an authorized officer to enter and search the premises or place.
(3) Subject to subsection (4), any member of the Customs and Excise Service and any authorized officer may, if he reasonably suspects that there is in or on any vessel, aircraft or vehicle any article which may be seized under section 7, stop, board, remove, detain and search the vessel, aircraft or vehicle.
(4) Subsection (3) does not authorize—
(a) the detention for more than 12 hours without the consent of the Chief Secretary for Administration of any vessel which has a tonnage exceeding 250 gross tons; or
(b) the detention for more than 6 hours without the consent of the Chief Secretary for Administration of any aircraft,
and the Chief Secretary for Administration may, by order in writing under his hand, detain such a vessel for further periods of not more than 12 hours each or detain an aircraft for further periods of not more than 6 hours each, and any such order made by the Chief Secretary for Administration shall state the times from which and for which the order shall be effective. (Amended L.N. 362 of 1997)

### Weapons of Mass Destruction (Control of Provision of Services) Ordinance 《大規模毀滅武器(提供服務的管制)條例》

7. Power to seize articles or require production of information
(1) Any member of the Customs and Excise Service and any authorized officer may seize any article in respect of which he reasonably suspects that an offence has been committed under this Ordinance, or which he reasonably suspects to be, or to contain, evidence of the commission of such an offence.
(2) Where any member of the Customs and Excise Service or an authorized officer reasonably suspects, as regards any information that is contained in a computer in, on or accessible from any premises, place, vessel, aircraft or vehicle entered or boarded under section 6, that the information relates to an offence which has been, or may have been, committed under this Ordinance, the member or officer—
(a) may require the information to be produced on a computer in or on the premises, place, vessel, aircraft or vehicle in a visible and legible form, and may examine the information;
(b) may require the information 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 may take away the copy so produced.
(3) In subsection (2), a reference to information contained in a computer in or on any premises, place, vessel, aircraft or vehicle entered or boarded under section 6 includes a reference to information which is contained in any device found in or on such premises, place, vessel, aircraft or vehicle and which is capable of being retrieved on a computer.
(4) The owner of any article 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 or document.

### Weapons of Mass Destruction (Control of Provision of Services) Ordinance 《大規模毀滅武器(提供服務的管制)條例》

8. Powers of arrest
(1) Subject to subsection (2), any member of the Customs and Excise Service or any authorized officer may, without warrant, arrest, or detain for such period as is reasonably necessary for further inquiries to be carried out, 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); but 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 (in this section referred to as the suspected offender

### Weapons of Mass Destruction (Control of Provision of Services) Ordinance 《大規模毀滅武器(提供服務的管制)條例》

9. Ancillary powers of investigation
(1) Any member of the Customs and Excise Service and any authorized officer may—
(a) use such force as is reasonably necessary to enter any premises or place which he is empowered by this Ordinance to enter and search;
(b) use such force as is reasonably necessary to stop, board, remove, detain and search any vessel, aircraft or vehicle which he is empowered by this Ordinance to stop, board, remove, detain and search;
(c) use such force as is reasonably necessary to remove any person or thing obstructing him in the exercise of any power conferred on him by this Ordinance;
(d) for the purposes of carrying out a search of any premises or place which he is empowered by this Ordinance to search, to detain during such period as is reasonably required to permit the search to be carried out any person who—
(i) may appear to have in his possession or under his control any document as is mentioned in section 5(b), any article as is mentioned in section 7(1) or any computer or device as is mentioned in section 5(d) or 7(2) and (3); and
(ii) if not so detained, might prejudice the purpose of the search;
(e) prevent any person from approaching, boarding or leaving any vessel, aircraft or vehicle which he is empowered by this Ordinance to stop, board and search until it has been searched;
(f) search the person and property and effects of any person whom he reasonably suspects of being guilty of an offence under this Ordinance; but no person shall be searched except by a person of the same sex, or be searched in a public place if he objects to being so searched.
(2) A member of the Customs and Excise Service or an authorized officer who is authorized—
(a) under section 5(a), to search any vessel, aircraft or vehicle;
(b) under section 5(c) or (d), to examine any document or information;
(c) under section 6, to enter and search any premises or place or to search any vessel, aircraft or vehicle;
(d) under section 7, to examine any information,
may, if he reasonably considers it necessary or desirable for the proper and effective performance of those duties, call upon any person to assist him in carrying out that entry, search or examination.