### Import and Export Ordinance 《進出口條例》

23. Powers of arrest of authorized officers and members of the Customs and Excise Service
(1) Any member of the Customs and Excise Service and any authorized officer may, subject to subsection (2), arrest or detain for further inquiries without warrant 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): (Amended 62 of 1993 s. 7)
Provided that 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 neccessary 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 (hereinafter in this section referred to as the suspected offender

24. Ancillary powers of investigation of suspected offence
Any member of the Customs and Excise Service and any authorized officer may—
(a) use such force as is reasonably necessary to enter any place or premises 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) detain any person found in any premises or place which he is empowered by this Ordinance to search until such premises or place has been searched;
(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:
Provided that 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.

### Import and Export Ordinance 《進出口條例》

25. Locks and seals on premises, vessels, etc.
(1) Any member of the Customs and Excise Service and any authorized officer may, for the purpose 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.
(2)  If a member of the Customs and Excise Service or an authorized officer has placed a lock or seal on any premises, or on any vessel, aircraft, vehicle or article, any person who breaks or interferes with such a lock or seal shall be guilty of an offence and shall be liable on conviction to a fine at level 2 and to imprisonment for 3 months: (Amended E.R. 2 of 2021)

Provided that if—
(a) any person breaks or interferes with any such lock or seal in the bona fide belief that it is necessary immediately to break or interfere with the lock or seal in order to prevent—
(i) injury being suffered by any person; or
(ii) damage being incurred to any premises, article, vessel, aircraft or vehicle; or
(b) any public officer breaks or interferes with any such lock or seal in the exercise of his lawful duties,
such person or public officer shall be deemed not to have contravened this subsection.

### Import and Export Ordinance 《進出口條例》

26. Obstruction of members of the Customs and Excise Service, etc.
(1) Any person who—
(a) obstructs a member of the Customs and Excise Service or an authorized officer in the exercise of any power or the performance of any duty conferred or imposed on members of the Customs and Excise Service and authorized officers by this Ordinance; (Amended 36 of 1983 s. 6)
(b) fails to comply with any requirement, direction or demand given or made by a member of the Customs and Excise Service or an authorized officer in the exercise or performance of any such power or duty; or (Amended 36 of 1983 s. 6)
(c) fails to comply with a notice given him under sections 20A and 20B; (Added 36 of 1983 s. 6)
(d) contravenes section 20A(3) or 20B(3); (Added 36 of 1983 s. 6)
(e) fails to supply information which it is his duty to supply under section 20A(5), (Added 36 of 1983 s. 6)
shall be guilty of an offence and shall be liable on conviction to a fine at level 3 and to imprisonment for 6 months.
(2) Any person who knowingly makes a false report, or furnishes any false or misleading information, to any member of the Customs and Excise Service or any authorized officer in performing his duties under this Ordinance shall be guilty of an offence and shall be liable on conviction to a fine at level 3 and to imprisonment for 6 months.
(Amended E.R. 2 of 2021)

### Import and Export Ordinance 《進出口條例》

30. Claims for the return of forfeited articles, etc.
(1) A claimant may, within 6 weeks after—
(a) the article, vessel or vehicle has been forfeited to the Government under section 27(6) or has been forfeited to the Government by order of a court under section 28(6) or (7); or
(b) the determination of any appeal against an order for forfeiture of the article, vessel or vehicle made by a court under section 28(6) or (7),
give notice in writing to the Commissioner of his intention to submit to the Chief Executive a petition in respect of the forfeited article, vessel or vehicle. (Amended L.N. 294 of 1982; 62 of 1993 s. 12; 1 of 1994 s. 15; 66 of 2000 s. 3)
(2) Where a claimant has submitted a petition to the Chief Executive by lodging it in triplicate with the Chief Secretary for Administration within 30 days of giving notice under subsection (1), the Chief Executive may after considering the petition— (Amended L.N. 362 of 1997; 66 of 2000 s. 3)
(a) order the return of the forfeited article, vessel or vehicle to the claimant;
(b) stipulate conditions upon which the delivery and transfer of ownership of the forfeited or disposed of article, vessel or vehicle, or the proceeds of any disposal, to the claimant is to be effected; or
(c) reject the petition. (Replaced 62 of 1993 s. 12)
(3) (Repealed 62 of 1993 s. 12)