### Conservation of Antarctic Marine Living Resources Ordinance 《南極海洋生物資源養護條例》

10. Delegation of Director’s functions
(1) The Director may, in writing, delegate to a public officer any of the Director’s functions under this Ordinance.
(2) However, the power to delegate conferred by subsection (1) may not be delegated.

11. Performance of functions
When performing a function under this Ordinance, a public officer to whom any function is delegated under section 10(1) or an authorized officer—
(a) may be assisted by any person whom the officer reasonably requires; and
(b) must produce proof of the officer’s identity for inspection by a person who is affected by the performance of the function and requires to see it.

12. Interpretation
In this Division—
place (地方) includes premises;
transport (交通工具) means a vessel, aircraft, vehicle or train.

13. Power to inspect and take copies of documents
(1) If an authorized officer reasonably suspects that an AMO is being kept in or on any place or transport, the officer may, for verifying compliance with this Ordinance, on production of proof of the officer’s identity—
(a) enter or board and inspect the place or transport during reasonable hours;
(b) require the production of, inspect or examine anything that the officer reasonably suspects to be an AMO; and
(c) require the production of, inspect, examine or take copies of any document or electronic information that is related to compliance with this Ordinance.
(2) Subsection (1) does not empower an authorized officer to—
(a) enter or board, or inspect, any place or transport that is used wholly or principally for dwelling purposes; or
(b) enter or inspect any part of any place or transport that is a part used wholly or principally for dwelling purposes.

### Conservation of Antarctic Marine Living Resources Ordinance 《南極海洋生物資源養護條例》

14. Power to search and detain
(1) If an authorized officer reasonably suspects that any transport has been, is being or is about to be used in connection with an offence under this Ordinance, the officer may, on production of proof of the officer’s identity, stop, board and search the transport.
(2) If an authorized officer reasonably suspects that a person has committed, is committing or is about to commit an offence under this Ordinance, the officer may, on production of proof of the officer’s identity—
(a) stop the person or, if the person is in or on a transport, stop and board the transport, to search the person and search the property of the person that—
(i) may be found on the person; or
(ii) is in or about the location at which the person is stopped,
for anything that is likely to be relevant (whether by itself or together with anything else) to the investigation of the suspected offence; and
(b) detain the person for a reasonable period while the officer inquires about the suspected offence.
(3) Subsection (1) does not empower an authorized officer to—
(a) board or search any transport that is used wholly or principally for dwelling purposes; or
(b) enter or search any part of any transport that is a part used wholly or principally for dwelling purposes.

15. Power to enter and search on issue of warrant
(1) A magistrate may, on application, issue a warrant authorizing an authorized officer to enter or board and search any place or transport if the magistrate is satisfied by information on oath that there are reasonable grounds to suspect that—
(a) an offence under this Ordinance has been, is being or is about to be committed in or on the place or transport; or
(b) there is in or on the place or transport anything that is or contains evidence of an offence under this Ordinance.
(2) Unless otherwise specified in it, a warrant issued under subsection (1) continues in force until the purpose for which the entry or boarding is necessary has been satisfied.
(3) An authorized officer, authorized by a warrant issued under subsection (1) to enter or board and search any place or transport, may—
(a) at the time specified in the warrant or, if no time is specified, at any time enter or board and search the place or transport;
(b) for that purpose, use reasonably necessary force; and
(c) remove anything that obstructs the entry, boarding or search.
(4) An authorized officer may also detain any person found in or on the place or transport for a period that is reasonably required to permit the search to be carried out, if the person might prejudice the purpose of the search if not detained.

### Conservation of Antarctic Marine Living Resources Ordinance 《南極海洋生物資源養護條例》

16. Power to seize, remove and detain things
An authorized officer may seize, remove and detain—
(a) a thing that the officer reasonably suspects that an offence under this Ordinance has been, is being or is about to be committed in respect of the thing; or
(b) a thing that the officer reasonably suspects to be or to contain evidence of an offence under this Ordinance.

17. Power to take samples and carry out tests
(1) An authorized officer may, for verifying compliance with this Ordinance or obtaining evidence of an offence under this Ordinance—
(a) take a sample of a thing that the officer reasonably suspects to be an AMO;
(b) require a person in charge, in control or in possession of the thing to provide a sample of it; and
(c) take any photograph or make any video recording of the thing.
(2) An authorized officer may take any step that is necessary to satisfy the officer that the sample taken is an appropriate sample of the thing.
(3) An authorized officer who takes a sample under subsection (1) must issue a receipt for the sample, but is not required to pay for it or return it to the person from whom it was taken.
(4) The Director may dispose of a sample taken under subsection (1) in a way that the Director considers appropriate.
(5) An authorized officer may arrange to carry out any necessary test in respect of a sample taken under subsection (1) to ascertain the identity of the thing.
(6) A certificate of analysis issued by an accredited laboratory on a sample taken under subsection (1) may be given in evidence in any proceedings under this Ordinance and is evidence of the facts stated in it unless the contrary is proved.
(7) A person who, without reasonable excuse, fails to comply with a requirement made under subsection (1)(b) commits an offence and is liable on conviction to a fine at level 5.
(8) In this section—
accredited laboratory (認可實驗所) means a laboratory accredited under the Hong Kong Laboratory Accreditation Scheme managed by the Commissioner for Innovation and Technology on behalf of the Government.

### Conservation of Antarctic Marine Living Resources Ordinance 《南極海洋生物資源養護條例》

18. 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, the officer may, without warrant and on production of proof of the officer’s identity, stop the person or, if the person is in or on a transport, stop and board the transport, to require the person—
(a) to state the person’s name and address; and
(b) to produce the person’s proof of identity for inspection.
(2) A person who, without reasonable excuse, fails to comply with a requirement made under subsection (1) commits an offence and is liable on conviction to a fine at level 3.
(3) In subsection (1)(b)—
proof of identity (身分證明文件) means proof of identity as defined by section 17B(1) of the Immigration Ordinance (Cap. 115).

19. Power to arrest
(1) If—
(a) an authorized officer reasonably suspects that a person has committed, is committing or is about to commit an offence under this Ordinance; and
(b) it appears to the officer that service of a summons would be impracticable because—
(i) the person’s name is unknown to, and cannot be readily ascertained by, the officer;
(ii) the officer has reasonable grounds for doubting whether a name given by the person as the person’s name is the person’s real name;
(iii) the person has failed to give a satisfactory address for service of the summons; or
(iv) the officer has reasonable grounds for doubting whether an address given by the person is a satisfactory address for service of the summons,
the officer may, on production of proof of the officer’s identity, arrest the person.
(2) An authorized officer who arrests a person under subsection (1) must immediately take the person to a police station to be dealt with in accordance with the Police Force Ordinance (Cap. 232).
(3) If a person who is liable to be arrested under subsection (1) forcibly resists or attempts to evade the arrest, an authorized officer may use any force that is reasonably necessary to effect the arrest.