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

16. Power to seize articles, etc., or require production of information
(1) A member of the Customs and Excise Service or an authorized officer may—
(a) seize any article in respect of which he reasonably suspects that an offence has been committed under this Ordinance, or which he reasonably suspects to be, or to contain, evidence of the commission of such an offence; or
(b) seize any vessel or vehicle if he reasonably suspects the vessel or vehicle to have been used in connection with the commission of an offence under this Ordinance.
(2) Where a member of the Customs and Excise Service or an authorized officer reasonably suspects, as regards any information that is contained in a computer in, on or accessible from any premises, place, vessel, aircraft or vehicle entered or boarded under section 15, that the information relates to an offence which has been, or may have been, committed under this Ordinance, the member or officer—
(a) may require the information to be produced on a computer in or on the premises, place, vessel, aircraft or vehicle in a visible and legible form, and may examine the information; or
(b) may require the information to be produced in a form in which it can be taken away and in which it is either visible and legible or capable of being retrieved on a computer, and may take away the copy so produced.
(3) In subsection (2), a reference to information contained in a computer in or on any declared premises, place, vessel, aircraft or vehicle entered or boarded under section 15 includes a reference to information which is contained in any device found in or on such premises, place, vessel, aircraft or vehicle and which is capable of being retrieved on a computer.
(4) The owner of any article or document seized by a member of the Customs and Excise Service or an authorized officer under this section may, on application to the Commissioner and subject to such conditions as the Commissioner may impose, photograph or make any other form of copy of the seized article or document.
(5) Where any article, vessel or vehicle seized by a member of the Customs and Excise Service or an authorized officer under this section—
(a) is not, or is no longer, required for the purposes of any investigation or criminal proceedings under this Ordinance or any other enactment; and
(b) is not liable to forfeiture under this Ordinance or any other enactment,
then the Commissioner shall, as soon as is reasonably practicable, restore the article, vessel or vehicle to the person who appears to him to be the owner thereof or the authorized agent of the owner.

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

17. Inspection and storage of controlled articles
(1) For the purpose of determining whether or not an article is a controlled article, the prescribed person in respect of the article shall, if required to do so by the Commissioner, a member of the Customs and Excise Service of or above the rank of Inspector or an authorized officer, produce it for inspection by the Commissioner, member or officer.
(2) The Commissioner, a member of the Customs and Excise Service of or above the rank of Inspector or an authorized officer shall determine whether or not any article produced to him for inspection under subsection (1) is a controlled article.
(3) The prescribed person in respect of a controlled article shall, if required to do so by the Commissioner, a member of the Customs and Excise Service of or above the rank of Inspector or an authorized officer, cause such article to be stored in a place specified by the Commissioner, member or officer under such conditions as he may impose.
(4) An article stored in a specified place in accordance with the directions of the Commissioner, a member of the Customs and Excise Service of or above the rank of Inspector or an authorized officer under subsection (3) shall not be removed from that place unless the Commissioner, member or officer has authorized in writing the removal of the article.
(5) Any person authorized in writing under subsection (4) to remove an article from a specified place shall comply with such conditions as may be imposed by the Commissioner, a member of the Customs and Excise Service of or above the rank of Inspector or an authorized officer on the removal of the article.
(6) Where—
(a) the Commissioner has been notified under section 7(2) in relation to an article; and
(b) the identity of the person, if any, in possession or control of the article has not been able to be ascertained after reasonable inquiries for the purpose have been made by a member of the Customs and Excise Service or an authorized officer,
then the Commissioner may nominate in writing a public officer to be the person deemed to be in possession or control of the article for the purposes of this section.
(7) In this section—
controlled article (受管制物品) means any article—
(a) which is a chemical weapon, a Schedule 1 chemical, a Schedule 2 chemical or a Schedule 3 chemical; or
(b) in respect of which an offence has been committed under this Ordinance;

prescribed person (訂明人士), in relation to an article, means—
(a) the person in possession or control of the article; or
(b) the person deemed under subsection (6)(b) to be in possession or control of the article.

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

18. Powers of arrest
(1) Subject to subsection (2), a member of the Customs and Excise Service or an authorized officer may, without warrant, arrest, or detain for such period as is reasonably necessary for further inquiries to be carried out, any person whom he reasonably suspects of having committed any offence under this Ordinance.
(2) A member of the Customs and Excise Service or an 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); but 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 necessary to effect the arrest.
(4) If a member of the Customs and Excise Service or an authorized officer has reason to believe that a person whom he intends to arrest (in this section referred to as the suspected offender