### Prevention of Child Pornography Ordinance 《防止兒童色情物品條例》

5. Entry, search and seizure under warrant
(1) If, on an application made by a police officer or member of the Customs and Excise Service by laying an information on oath, a magistrate is satisfied that there are reasonable grounds for suspecting that there is in or on any premises, place, vessel, aircraft or vehicle—
(a) any thing in respect of which an offence under section 3 has been or is being or is about to be committed; or
(b) any thing that is, or contains, evidence of the commission of any such offence, 
he may issue a warrant authorizing any person being a police officer or member of the Customs and Excise Service to enter or board such premises, place, vessel, aircraft or vehicle, and search for, seize, remove and detain any such thing.
(2) An authorized officer may—
(a) if he is a police officer, call on any member of the Customs and Excise Service; or
(b) if he is a member of the Customs and Excise Service, call on any police officer, 
to assist him in the exercise of the powers conferred by this section.
(3) An authorized officer or an assisting officer may, at any time of the day or night—
(a) enter and search any premises or place named in the warrant; or
(b) stop, board and search any vessel, aircraft or vehicle named in the warrant.
(4) An authorized officer or an assisting officer may seize, remove and detain—
(a) any thing in respect of which he suspects on reasonable grounds that an offence under section 3 has been or is being or is about to be committed; and
(b) any thing that he suspects on reasonable grounds to be, or to contain, evidence of the commission of such an offence.
(5) In this section—
aircraft (飛機) does not include a military aircraft;
vehicle (車輛) does not include a military vehicle;
vessel (船隻) does not include a ship of war or a ship having the status of a ship of war.

6. Ancillary powers of officers under warrants
An authorized officer or an assisting officer may, in relation to his powers under a warrant—
(a) use such force as is reasonably necessary to enter and search any premises or place that he is empowered to enter and search;
(b) use such force as is reasonably necessary to stop, board and search any vessel, aircraft or vehicle that he is empowered to stop, board and search;
(c) use such force as is reasonably necessary to remove any person or thing obstructing him in the exercise of those powers;
(d) detain any person found in or on any premises, place, vessel, aircraft or vehicle that he is empowered to enter, or board, and search until it has been searched; and
(e) prevent any person from approaching, boarding or leaving any vessel, aircraft or vehicle that he is empowered to board and search until it has been searched.

### Prevention of Child Pornography Ordinance 《防止兒童色情物品條例》

7. Seizure by police officer or member of Customs and Excise Service
In addition to any power he may have under section 5, any police officer or member of the Customs and Excise Service may seize, remove and detain—
(a) any thing in a public place, in respect of which he suspects on reasonable grounds that an offence under section 3 has been or is being or is about to be committed; and
(b) any thing in a public place, that he suspects on reasonable grounds to be, or to contain, evidence of the commission of such an offence.

8. Obstruction
(1) Any person who—
(a) obstructs an authorized officer or an assisting officer in the exercise of any power conferred by this Ordinance (other than section 7); or
(b) fails to comply with any reasonable requirement, direction or demand given or made by an authorized officer or an assisting officer in the execution of a warrant, 
commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 6 months.
(2) Any person who obstructs any police officer or member of the Customs and Excise Service in exercising a power conferred by section 7 commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 6 months.

9. Liability to forfeiture
(1) The following are liable to forfeiture in accordance with this Ordinance—
(a) any child pornography that has come into the possession of the police or the Customs and Excise Service;
(b) any—
(i) machinery or apparatus used for showing, playing or projecting any child pornography; or
(ii) machinery, plate, implement, utensil, photographic film or material used for the purpose of the commission of an offence under section 3(1);
(c) any thing seized, removed or detained under section 5 or 7.
(2) Subsection (1)(b) does not apply to any thing that is used by a public officer in the execution of his duties.

### Prevention of Child Pornography Ordinance 《防止兒童色情物品條例》

10. Order and direction for forfeiture
(1) Subject to subsection (2) and section 11, where an application is made by a public officer to a magistrate for an order for forfeiture, the magistrate may, in the case of any thing that is before him and is liable to forfeiture under section 9, order it to be forfeited.
(2) Where a person charged with an offence under section 3 has established any ground of defence—
(a) under section 4, an order for forfeiture shall not be made under subsection (1) in respect of any thing that relates to the charge and is not child pornography; or
(b) under section 4(1), (2)(a) or (b) or (3)(a) or (b), an order for forfeiture shall not be made under subsection (1) in respect of any thing that relates to the charge and is child pornography.
(3) An order for forfeiture of any thing may be made under subsection (1) notwithstanding that no person is convicted of any offence in connection with the thing.
(4) Any thing that is ordered to be forfeited under subsection (1) shall be disposed of in such manner as the magistrate directs.

11. Procedure in relation to forfeiture
(1) Subject to subsections (3) and (4), before making an order for forfeiture of any thing under section 10, the magistrate shall issue a summons to—
(a) the occupier of any premises or any place or, in the case of a stall, the owner or the occupier of the stall, in or from which the thing was seized; and
(b) the owner of the thing seized,
to appear on a day specified in the summons to show cause why the thing should not be forfeited.
(2) In addition to any person mentioned in subsection (1), any other person being the producer or manufacturer of any thing seized or a person into whose hands any such thing may have passed before seizure, or a person who has an interest in any thing seized, may appear before the magistrate on the day specified in the summons to show cause why the thing should not be forfeited.
(3) If the magistrate is satisfied that any person mentioned in subsection (1) cannot for any reason be found or ascertained, he may dispense with the issue of a summons to that person.
(4) If any summons issued under subsection (1) has not for any reason been served and the magistrate is satisfied that all reasonable efforts were made to serve the summons on the person named in the summons, he may make an order for forfeiture under section 10 notwithstanding that the summons was not served and that the person named in the summons has not been given an opportunity to show cause why the thing should not be forfeited.
(5) An order for forfeiture of any thing shall, unless the magistrate considers that there are special reasons for directing otherwise, apply to the whole of the thing.