### Chemical Weapons (Convention) Ordinance 《化學武器(公約)條例》

19. Ancillary powers of investigation
(1) A member of the Customs and Excise Service or an 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, 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 14(1)(c), any article as is mentioned in section 16(1)(a) or any computer or device as is mentioned in section 14(1)(e) or 16(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 14(1)(b), to search any vessel, aircraft or vehicle;
(b) under section 14(1)(d) or (e), to examine any document or information;
(c) under section 14(1)(j), to examine any article;
(d) under section 14(1)(k), to operate any equipment;
(e) under section 15, to enter and search any premises or place or to search any vessel, aircraft or vehicle; or
(f) under section 16, 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 search, examination or entry.

20. Placing of locks and seals on premises, etc.
A member of the Customs and Excise Service or an authorized officer may, for the purposes of exercising the powers conferred on him by this Ordinance, place a lock or seal on any premises or place, or on any vessel, aircraft, vehicle or article.

### Chemical Weapons (Convention) Ordinance 《化學武器(公約)條例》

21. Seized articles liable to forfeiture, etc.
(1) There shall be liable to forfeiture—
(a) any article which has been seized by a member of the Customs and Excise Service or an authorized officer in connection with an offence under this Ordinance, whether or not any person has been convicted of the offence;
(b) any vessel or vehicle so seized which has been used in connection with, or is the subject of, an offence under this Ordinance, whether or not any person has been convicted of the offence; or
(c) any article to which section 17(6) applies and which the Commissioner believes to be an article mentioned in paragraph (a) of the definition of controlled article

### Chemical Weapons (Convention) Ordinance 《化學武器(公約)條例》

23. Power to release seized vessels and vehicles prior to hearing
(1) Where an application has been made under section 22(1) in respect of a vessel or vehicle which is liable to forfeiture, a court may, upon payment into court by way of security of a sum of money of such amount as the court thinks fit in all the circumstances of the case, order that the vessel or vehicle be delivered to the claimant thereof upon the condition that the vessel or vehicle be re-delivered into the custody of the Commissioner before the date of hearing of the application.
(2) If—
(a) a court has ordered under subsection (1) that a seized vessel or vehicle be delivered to the claimant thereof; and
(b) the vessel or vehicle is not delivered into the custody of the Commissioner before the date of the hearing of the application,
the court hearing the application may, in lieu of ordering under section 22(9) or (10) that the vessel or vehicle be forfeited to the Government, order that the money paid into court under subsection (1) be forfeited to the Government or returned to the person who paid it into court.
(3) A claimant who applies for the release of a vessel or vehicle shall prior to the release of the vessel or vehicle pay to the Commissioner the reasonable cost of assessing the value of the vessel or vehicle as the court orders.

### Chemical Weapons (Convention) Ordinance 《化學武器(公約)條例》

24. Power to dispose, etc., of perishables, etc.
(1) If an article liable to forfeiture under section 21(1) is, in the opinion of the Commissioner, of a perishable nature or of such a nature that it is difficult to store or is likely to deteriorate before the conclusion of any proceedings relating to it, the Commissioner may—
(a) release the article to the owner or a person entitled to make a claim upon payment by way of security to the Commissioner of an amount of money of not less than the value of the seized article as assessed by the Commissioner or an authorized officer;
(b) for a perishable article, order that the article—
(i) be sold and the proceeds of the sale be retained by the Commissioner; or
(ii) be destroyed; or
(c) for an article that is difficult to store or an article that is likely to deteriorate before the conclusion of any proceedings relating to it, apply to a magistrate, the District Court or the Court of First Instance for an order that the article be sold and the proceeds of the sale be retained by the Commissioner.
(2) The court to which an application has been made under subsection (1)(c) shall not make an order under that subsection unless it is satisfied that—
(a) in the case where the application is made before the expiry of the period for making a claim under section 21(7), the persons referred to in section 21(3), (4) and (5) have been given notice of the application for an order to sell the article; or
(b) in case where the application is made after the expiry of the period referred to in paragraph (a), the persons who have given notice to the Commissioner have been given notice of the application for an order to sell the article.
(3) Where an application is made under section 22(1) with respect to an article which is liable to forfeiture under section 21(1), the court may, in lieu of ordering under section 22(9) or (10) that the article be forfeited to the Government or be delivered to the claimant, order that the money paid to the Commissioner as security under subsection (1)(a) or retained by the Commissioner under subsection (1)(b) or (c), be forfeited to the Government or paid to the person giving the security or the claimant.
(4) If an article liable to forfeiture under section 21(1) is, in the reasonable opinion of the Commissioner, a chemical weapon which poses an immediate threat to the health or safety of the public, the Commissioner may order that the article be destroyed or otherwise disposed of in such a manner that the article ceases to be such a threat.