### 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》

23. Further powers in relation to CBNIs etc.
(1) An authorized officer may exercise any or all of the powers under subsection (2) in relation to CBNIs, or anything the officer reasonably suspects to be connected with a contravention of Part 2, found as a result of the exercise of a power under section 16 or 21 (found item

24. Offences in relation to non-compliance with requirements of authorized officers etc.
(1) A person commits an offence if the person—
(a) fails to comply with a requirement of an authorized officer in the exercise of the officer’s powers under this Part; or
(b) wilfully resists or obstructs an authorized officer in the exercise of the officer’s powers under this Part.
(2) A person who commits an offence under subsection (1) is liable on conviction to a fine at level 3 and to imprisonment for 6 months.
(3) It is a defence for a person charged under subsection (1)(a) if the person establishes that at the time of the alleged offence the person had a reasonable excuse for failing to comply with the requirement of the authorized officer.
(4) An authorized officer may seize and detain anything that the officer reasonably suspects to be connected with a contravention of subsection (1)(b).

25. Arrest and detention
(1) An authorized officer may without warrant arrest or detain for further inquiries a person whom the officer reasonably suspects of having contravened this Ordinance.
(2) An authorized officer who arrests a person under subsection (1) must take the person to a police station to be dealt with in accordance with the Police Force Ordinance (Cap. 232).
(3) However, if further inquiries are necessary, an authorized officer may first take the person to an office of the Customs and Excise Service for further inquiries and then to a police station to be dealt with in accordance with the Police Force Ordinance (Cap. 232).
(4) A person must not be detained for more than 48 hours from the time the person is arrested without being charged and brought before a magistrate.
(5) An authorized officer who arrests a person may require the person to give the person’s name and to produce evidence of identity to the officer.
(6) If a person forcibly resists or attempts to evade arrest under this section, an authorized officer may use any force reasonably necessary to effect the arrest.

26. Disposal of things seized and detained
For the purposes of section 102 of the Criminal Procedure Ordinance (Cap. 221), a thing seized and detained under this Part is property in the possession of the Customs and Excise Service.

27. Compensation
(1) This section applies if anything (seized item

### 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》

28. Power to exempt
The Commissioner may, in writing, exempt a person from the requirement of a provision of Part 2 in a particular case if the Commissioner is satisfied that, having regard to all the circumstances of the case—
(a) it is not reasonably practicable for the person to comply with the requirement; and
(b) it is reasonable that the person should be exempted from the requirement.

29. Powers to appoint authorized officers and delegate functions
(1) The Commissioner may, in writing, appoint a public officer to be an authorized officer for the purposes of this Ordinance.
(2) The Commissioner may, in writing, delegate any of the Commissioner’s functions under this Ordinance (other than under subsection (1) or section 7(4)(a), 12(4)(a) or 33(1)) to a public officer.

30. Liability of directors, partners, etc.
(1) If—
(a) an offence against this Ordinance is committed by a body corporate or by a person as a member of an unincorporated body; and
(b) it is proved that the offence has been committed with the consent or connivance of or is attributable to the neglect of a person specified in subsection (2) (specified person

31. Burden of proof
A person charged with an offence against this Ordinance is taken to have established a fact that needs to be established for a defence if—
(a) there is sufficient evidence to raise an issue with respect to the fact; and
(b) the contrary is not proved by the prosecution beyond reasonable doubt.

32. Protection of authorized officer
(1) An authorized officer is not civilly liable for an act done or omitted to be done by the officer in good faith—
(a) in performing or purportedly performing a function under this Ordinance; or
(b) in exercising or purportedly exercising a power under this Ordinance.
(2) Subsection (1) does not affect any liability of the Government for the act or omission.

33. Amendment of Schedules
(1) The Commissioner may, by notice published in the Gazette, amend Schedules 1, 2, 3 and 6.
(2) The Secretary for Security may, by notice published in the Gazette, amend Schedule 4.
(3) The Legislative Council may, by resolution, vary the amount specified in column 3 of Schedule 5 for an offence.

### Kai Tak Cruise Terminal Ordinance 《啟德郵輪碼頭條例》

1. Short title
This Ordinance may be cited as the Kai Tak Cruise Terminal Ordinance.

2. Interpretation
In this Ordinance—
authorized officer (獲授權人員), in relation to a provision of this Ordinance, means—(a) a public officer, or a member of a class of public officers, authorized under section 6(1) in relation to that provision;
(b) a public officer, or a member of a class of public officers, authorized under section 6(1) in relation to this Ordinance generally; or
(c) a police officer on duty within the Terminal Area;

Commissioner (專員) means the Commissioner for Tourism;
cruise ship (郵輪) means—(a) a vessel—
(i) carrying or intended to be used to carry passengers exclusively for sightseeing or pleasure purposes; and
(ii) plying, along a predetermined route, on any voyage—
(A) from a port outside Hong Kong to the same or another port outside Hong Kong, during the course of which Hong Kong is an intermediate port of call; or
(B) which begins, ends or begins and ends within the waters of Hong Kong, whether or not the vessel calls at any port outside Hong Kong during its course; or
(b) a vessel approved as such under section 23;

functions (職能) includes powers, duties and activities;
law enforcement officer (執法人員) means—(a) a police officer;
(b) a member of the Immigration Service established by section 3 of the Immigration Service Ordinance (Cap. 331); or
(c) a person holding an office specified in Schedule 1 to the Customs and Excise Service Ordinance (Cap. 342);

non-permanent restricted area (非永久限制區) means an area designated as such under section 9(1)(a)(ii);
owner (擁有人) means a person within the meaning of paragraph (a) of the definition of owner

3. Designation of Terminal
The Terminal Area is designated as a terminal, to be known as the “Kai Tak Cruise Terminal”.

4. Use of Terminal
The Terminal is to be used—
(a) for the berthing or anchorage of cruise ships;
(b) for facilitating the embarkation and disembarkation of passengers of cruise ships;
(c) for carrying out any activity that the Commissioner considers appropriate; and
(d) for ancillary purposes.