### Protection of Endangered Species of Animals and Plants Ordinance 《保護瀕危動植物物種條例》

31. Power to inspect place or premises
(1) If an authorized officer reasonably suspects that a specimen of a scheduled species is being kept for commercial purposes in any place or premises, he may, for the purposes of verifying compliance with this Ordinance, without notice and on production of written evidence of his identity—
(a) enter and inspect the place or premises during reasonable hours;
(b) inspect the thing suspected to be a specimen of a scheduled species; and
(c) require the production of, inspect, examine or take copies of any document that is related to compliance with this Ordinance and is in the place or premises.
(2) An authorized officer shall not under subsection (1) enter—
(a) any premises that are used exclusively as a dwelling-house; or
(b) any part of any premises that is used exclusively as a dwelling-house.

32. Power of search and detention
(1) An authorized officer may, on production of written evidence of his identity, stop, board and search any vessel, vehicle, train or aircraft (other than a ship of war, military aircraft or military vehicle) if he reasonably suspects that an offence under Part 2 or 3 has been, is being or is about to be committed in or on the vessel, vehicle, train or aircraft.
(2) If an authorized officer reasonably suspects that a person has committed, is committing or is about to commit an offence under Part 2 or 3, that officer may, on production of written evidence of his identity—
(a) stop and search the person, and search the property of the person, for anything that is likely to be of value (whether by itself or together with anything else) to the investigation of the offence; and
(b) detain the person for a reasonable period while that officer inquires about the suspected commission of the offence.

33. Power of entry into place or premises
(1) If it is shown to the satisfaction of a magistrate on information on oath that there is in any place or premises any thing liable to seizure, or any thing likely to be or to contain evidence of an offence under Part 2 or 3, the magistrate may by warrant authorize any authorized officer to enter, by force if necessary, and search the place or premises.
(2) An authorized officer entering any place or premises under subsection (1) may take with him such persons as may be necessary, and on leaving any unoccupied place or premises that he has entered shall leave the place or premises as effectually secured against trespassers as he found them to be at the time of entry.
(3) A warrant issued under subsection (1) continues in force until the purpose for which the entry is necessary has been satisfied.

### Protection of Endangered Species of Animals and Plants Ordinance 《保護瀕危動植物物種條例》

34. Power of seizure
(1) An authorized officer may seize, remove and detain—
(a) a thing liable to seizure;
(b) a receptacle in which a seized thing is contained or a handling device or other device used for or in connection with the thing;
(c) any food or drink accompanying a seized animal; or
(d) any thing that appears to that officer to be or to contain evidence that an offence under Part 2 or 3 has been committed.
(2) For the purposes of this Part, a thing is liable to seizure—
(a) if an authorized officer reasonably suspects that the thing—
(i) is being or has been imported;
(ii) is being or has been introduced from the sea;
(iii) is being or is to be exported;
(iv) is being or is to be re-exported; or
(v) is in the possession or under the control of any person,

in contravention of any provision of this Ordinance;
(b) if the thing is an animal or plant, whether live or dead, or a part of an animal or plant in respect of which a person has failed to comply with a requirement made under section 29(1);
(c) if it is a thing in respect of which a person has failed to comply with a requirement made under section 30; or
(d) if it is a thing in respect of which an authorized officer reasonably suspects that a person has contravened section 44.
(3) No civil liability shall be incurred by an authorized officer in respect of anything done or omitted to be done by that officer in good faith in the exercise or purported exercise of any power under this section.

35. Disposal of seized things
(1) The Director may cause the following things seized under section 34(1) to be released, sold, or disposed of in any other way, immediately after the seizure—
(a) any live animal—
(i) that is impracticable for any reason for the Director to keep in captivity; or
(ii) that is likely to die or be subjected to unnecessary suffering if it is kept in captivity;
(b) any live plant that is impracticable for any reason for the Director to detain;
(c) any thing that is perishable.
(2) Subject to Part 7, the proceeds of sale of any thing sold under subsection (1) shall be paid into the general revenue.

### Protection of Endangered Species of Animals and Plants Ordinance 《保護瀕危動植物物種條例》

36. Power to require identification
(1) If an authorized officer reasonably suspects that a person has committed, is committing or is about to commit an offence under this Ordinance, he may, without warrant and on production of written evidence of his identity, stop the person or, where the person is in or on a vessel, vehicle, train or aircraft (other than a ship of war, military aircraft or military vehicle), stop and board the vessel, vehicle, train or aircraft, as the case may be, for the purposes of requiring that person—
(a) to state his name and address; and
(b) to produce his proof of identity for inspection.
(2) A person who—
(a) without reasonable excuse fails to comply with a requirement made under subsection (1); or
(b) knowingly gives a false or misleading name or address in purported compliance with such a requirement, (Amended 7 of 2018 s. 22)
commits an offence and is liable on conviction to a fine at level 6.
(3) In this section, proof of identity (身分證明文件) means proof of identity within the meaning of section 17B of the Immigration Ordinance (Cap. 115).

37. Power of arrest
(1) If an authorized officer reasonably suspects that a person has committed, is committing or is about to commit an offence under Part 2 or 3 or section 38, he may arrest the person without warrant.
(2) If an authorized officer reasonably suspects that a person has committed, is committing or is about to commit any other offence under this Ordinance, he may arrest the person without warrant only in circumstances where it appears to the authorized officer that service of a summons is impracticable because—
(a) the name of the person is unknown to, and cannot be readily ascertained by, that officer;
(b) that officer has reasonable grounds for doubting whether a name given by the person as his name, when required to do so under section 36, is his real name;
(c) the person has failed to give a satisfactory address for service, when required to do so under section 36; or
(d) that officer has reasonable grounds for doubting whether an address given by the person, when required to do so under section 36, is a satisfactory address for service.
(3) If any person who is liable to be arrested under this section forcibly resists the endeavour to arrest him, or attempts to evade the arrest, an authorized officer may use all reasonable means necessary to effect the arrest.
(4) If an authorized officer arrests a person under this section, he shall immediately take the person to the nearest police station or hand him over to the custody of a police officer to be dealt with in accordance with the Police Force Ordinance (Cap. 232).