### Cross-boundary Movement of Physical Currency and Bearer Negotiable Instruments Ordinance 《實體貨幣及不記名可轉讓票據跨境流動條例》

15. Suspected offence handled under section 13 may be taken into account
(1) If—
(a) a person is convicted of an offence under section 4, 5, 6 or 9; and
(b) the register maintained under section 14 contains a record of the person,
the court or magistrate may, in determining the sentence to be passed on the person, take the record into account.
(2) For the purposes of subsection (1), the Commissioner may issue a certificate stating that, according to the register maintained under section 14—
(a) a person of the name, and holding the identity card or travel document, specified in the certificate was given a notice under section 13(1) on the date set out in the certificate; and
(b) the person made a payment mentioned in section 13(1)(f)(i) on the date set out in the certificate.
(3) A certificate purporting to be issued under subsection (2) is sufficient evidence of the matters stated in the certificate.

16. Powers to stop and search etc.
(1) An authorized officer may exercise any or all of the following powers for the purpose of performing the officer’s functions under this Ordinance—
(a) stop and search a person arriving in or about to leave Hong Kong and examine anything in the person’s possession;
(b) stop, board and search a cross-boundary conveyance and examine anything on the conveyance;
(c) require a person arriving in or about to leave Hong Kong or a person on board a cross-boundary conveyance—
(i) to produce the person’s identity card or travel document for inspection; and
(ii) to answer any question the officer considers necessary to ascertain whether there has been any contravention of Part 2;
(d) if any cargo is stored at any place before being exported, or after having been imported and before or at the time of its collection by the consignee—examine the cargo at the place.
(2) An authorized officer may seize and detain anything that—
(a) is found as a result of the exercise of a power under subsection (1); and
(b) the officer reasonably suspects to be connected with a contravention of Part 2.
(3) An authorized officer may use any force reasonably necessary for exercising a power under subsection (1) or (2).

### Cross-boundary Movement of Physical Currency and Bearer Negotiable Instruments Ordinance 《實體貨幣及不記名可轉讓票據跨境流動條例》

17. Seizure and detention of CBNIs suspected to be crime proceeds or terrorist property
(1) In addition to the power conferred under section 16(2), an authorized officer may seize any CBNIs found as a result of the exercise of a power under section 16(1) if the officer reasonably suspects the CBNIs to be—
(a) property representing the proceeds of an indictable offence mentioned in section 25(1) of the Organized and Serious Crimes Ordinance (Cap. 455); or
(b) terrorist property within the meaning of section 2(1) of the United Nations (Anti-Terrorism Measures) Ordinance (Cap. 575).
(2) Subject to sections 18 and 19, an authorized officer may detain the CBNIs for a period of not more than 10 working days after the day of seizure.
(3) An authorized officer may use any force reasonably necessary for exercising a power under subsection (1) or (2).
(4) In this section—
working day (工作日) means a day that is not—(a) a general holiday or a Saturday; or
(b) a black rainstorm warning day or gale warning day as defined by section 71(2) of the Interpretation and General Clauses Ordinance (Cap. 1).

### Cross-boundary Movement of Physical Currency and Bearer Negotiable Instruments Ordinance 《實體貨幣及不記名可轉讓票據跨境流動條例》

18. Continued detention of CBNIs suspected to be crime proceeds by court order
(1) An authorized officer may, within the period mentioned in section 17(2), apply to the Court for an order to authorize the continued detention of CBNIs the officer reasonably suspects to be property mentioned in section 17(1)(a).
(2) The Court may make the order if it is satisfied that—
(a) there are reasonable grounds for suspecting that the CBNIs are property representing the proceeds of an indictable offence mentioned in section 25(1) of the Organized and Serious Crimes Ordinance (Cap. 455); and
(b) the detention of the CBNIs is justified while—
(i) their origin or derivation is further investigated;
(ii) consideration is given to the institution (whether in Hong Kong or elsewhere) of proceedings against a person for an offence with which the CBNIs are connected; or
(iii) consideration is given to the institution (whether in Hong Kong or elsewhere) of proceedings which may result in the forfeiture or confiscation of the CBNIs.
(3) An order made under subsection (2) may authorize the continued detention of the CBNIs for a period specified in the order. The period must not exceed 3 months beginning on the date of the order.
(4) On an application made by an authorized officer, the Court, if satisfied that the conditions mentioned in subsection (2) continue to exist, may by order (new order

19. Further provisions on detention of CBNIs suspected to be crime proceeds
If, at any time while CBNIs are being detained under section 17(2) or an order made under section 18, any of the following proceedings are instituted, the CBNIs may be detained until the proceedings have been concluded—
(a) proceedings instituted (whether in Hong Kong or elsewhere) against a person for an offence with which the CBNIs are connected;
(b) proceedings instituted (whether in Hong Kong or elsewhere) which may result in the forfeiture or confiscation of the CBNIs.

### Cross-boundary Movement of Physical Currency and Bearer Negotiable Instruments Ordinance 《實體貨幣及不記名可轉讓票據跨境流動條例》

20. Power to obtain particulars of persons on cross-boundary conveyance
(1) An authorized officer may, for the purpose of performing the officer’s functions under this Ordinance, require the operator of a cross-boundary conveyance—
(a) to give the officer any of the particulars specified in Schedule 6 about any person on board, or to be on board, the conveyance; and
(b) to give the particulars in the way and within a reasonable time required by the officer.
(2) In this section—
operator (營運者), in relation to a cross-boundary conveyance, means—(a) the owner, charterer or hirer of the conveyance;
(b) another person in charge of the conveyance; or
(c) a person who, in relation to the conveyance, is acting as an agent of the owner, charterer, hirer or person in charge of the conveyance.

21. Powers of entry and search etc.
(1) An authorized officer may exercise any or all of the powers under subsection (2) if the officer reasonably suspects that there is on or in any premises, place or conveyance anything connected with a contravention of Part 2.
(2) The powers are—
(a) subject to section 22, to enter the premises or place and search for the thing;
(b) to break open any outer or inner door of the premises or place that the authorized officer is empowered to enter;
(c) to stop and board a conveyance and search for the thing;
(d) to examine, seize and detain anything found as a result of the exercise of a power under paragraph (a) or (c); and
(e) to use any force reasonably necessary for exercising a power under paragraph (a), (b), (c) or (d).

22. Restrictions on entry and search of premises and place
(1) Subject to subsection (3), an authorized officer must not enter and search any premises or place under section 21(2)(a) except under the authority of a warrant issued under subsection (2).
(2) A magistrate may issue a warrant authorizing an authorized officer to enter and search any premises or place if the magistrate is satisfied by information on oath that there are reasonable grounds for suspecting that there is on the premises or in the place anything connected with a contravention of Part 2.
(3) If an authorized officer enters any premises or place under the authority of a warrant issued under subsection (2), the officer must, on request, produce the warrant and evidence of identity for inspection by a person found on the premises or in the place.