### Trade Descriptions Ordinance 《商品說明條例》

16. Restrictions on the entry and search of domestic premises
(1) No domestic premises shall be entered and searched by an authorized officer unless—
(a) a magistrate has issued a warrant under subsection (2); or
(b) the Commissioner has given an authorization under subsection (3). (Amended L.N. 294 of 1982)
(2) A magistrate may, if he is satisfied by information on oath that there is reasonable ground for suspecting that there is in any domestic premises any goods or thing which may be seized, removed or detained under section 15(1)(f), issue a warrant authorizing an authorized officer to enter and search the premises.
(3) The Commissioner may, if he is satisfied that there is reasonable ground for suspecting— (Amended L.N. 294 of 1982)
(a) that there is in any domestic premises any goods or thing which may be seized, removed or detained under section 15(1)(f); and
(b) that unless the premises are entered and searched immediately such goods or thing are likely to be removed from the premises,

authorize in writing an authorized officer to enter and search the premises.
(4) An authorized officer authorized under subsection (2) or (3) to enter and search any domestic premises may take with him such other persons and such equipment as may appear to him to be necessary.

16A. Power to detain goods by locking or sealing premises or container
(1) An authorized officer may, for the purpose of detaining, under section 15—
(a) any goods in respect of which he has reasonable cause to suspect that an offence under this Ordinance has been or is being committed; and
(b) anything which he has reason to believe may be required as evidence in proceedings for an offence under this Ordinance,

place a lock or seal on any premises or container in which the goods or things are.
(2) If a lock or seal is placed on any premises or container under subsection (1), the period for which the lock or seal is placed shall not exceed 7 days without the consent in writing of the owner of the premises or container, or his authorized agent.
(3) If an authorized officer has placed a lock or seal on any premises or container under subsection (1), any person who breaks or interferes with such lock or seal commits an offence unless he does so—
(a) 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 such premises or container, as the case may be; or
(b) in the exercise of his duties as a public officer.
(Added 2 of 1987 s. 2)

### Trade Descriptions Ordinance 《商品說明條例》

16B. Powers of arrest of authorized officers
(1) An authorized officer may, subject to subsection (2), arrest or detain for further enquiries without warrant any person whom he reasonably suspects of having committed any offence under this Ordinance.
(2) An authorized officer who arrests any person under subsection (1) shall forthwith take the person to a police station or, if further enquiries are necessary, first to an office of the Customs and Excise Department and then to a police station, there to be dealt with in accordance with the provisions of the Police Force Ordinance (Cap. 232):

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 authorized officer may use such force as is reasonably necessary to effect the arrest.
(Added 2 of 1987 s. 2)

16BA. Guidelines—general
(1) The Commissioner may issue guidelines on matters in relation to which an authorized officer may exercise powers under this Ordinance.
(2) Without limiting subsection (1), the guidelines may—
(a) indicate the manner in which powers will be exercised by authorized officers with respect to the matters to which the guidelines relate; or
(b) provide guidance on the operation of any provision of this Ordinance relating to those matters.
(3) Guidelines may be published in any manner that the Commissioner considers appropriate.
(4) Guidelines are not subsidiary legislation.
(5) The Commissioner may amend or revoke any guidelines. Subsections (3) and (4) apply to an amendment or revocation of guidelines in the same way as they apply to the guidelines.
(6) Before issuing any guidelines or amendments of guidelines, the Commissioner must consult any persons that the Commissioner considers appropriate.
(7) The Commissioner must make copies of all guidelines and amendments of guidelines available to the public for inspection at the Commissioner’s office during ordinary business hours.
(8) A person does not incur any civil or criminal liability only because the person has contravened any of the guidelines. If, in any legal proceedings, a court is satisfied that a guideline is relevant to determining a matter that is in issue—
(a) the guideline is admissible in evidence in the proceedings; and
(b) proof that the person contravened or did not contravene the guideline may be relied on by any party to the proceedings as tending to establish or negate the matter.
(Added 25 of 2012 s. 26)

### Trade Descriptions Ordinance 《商品說明條例》

16C. Disclosure of information, etc.
(1) Where goods seized or detained under section 15 are, or are reasonably suspected by the Commissioner to be, goods to which a forged trade mark is applied, or to which a trade mark or mark so nearly resembling a trade mark as to be calculated to deceive is falsely applied, the Commissioner shall, wherever reasonably practicable, notify the owner of the trade mark or his authorized agent of the seizure or detention, as the case may be. (Amended 35 of 2000 s. 98)
(2) In the circumstances specified in subsection (1), the Commissioner may disclose to the owner of the trade mark or to his authorized agent— (Amended 35 of 2000 s. 98)
(a) the time, and the address of the place, of seizure or detention of the goods;
(b) the name and address of the person from whom the goods have been seized or detained;
(c) the nature and quantity of the goods seized or detained;
(d) any statement made to the Commissioner by any person in connection with the seizure or detention, either with the prior consent in writing of that person or without such consent where that person is dead or cannot after reasonable enquiries by the Commissioner as to his whereabouts be found by the Commissioner;
(e) any other information or document relating to the goods seized or detained which the Commissioner thinks fit to disclose.
(3) The owner of a trade mark or his authorized agent— (Amended 35 of 2000 s. 98)
(a) where he seeks disclosure of any information or document that is not referred to in subsection (2); or
(b) where information or a document that is referred to in subsection (2) is not disclosed by the Commissioner,

may apply to the Court of First Instance for an order requiring the Commissioner to disclose such information or document and the Court of First Instance may on such an application make such order for disclosure as it deems fit. (Amended 25 of 1998 s. 2)
(4) An application under subsection (3) may be begun by motion with previous notice to the Commissioner.
(Added 2 of 1987 s. 2)

16D. International co-operation
The Commissioner may, for the purpose of promoting international co-operation in the protection of intellectual property rights, disclose information obtained in pursuance of this Ordinance to the customs authorities of any Convention country.
(Added 11 of 1996 s. 14)