### Customs and Excise Service Ordinance 《香港海關條例》

14. Punishment of officer guilty of criminal offence
(1) If in criminal proceedings before any court a member is found guilty of or pleads guilty to any criminal offence and any appeal or other application for review of those proceedings is dismissed or abandoned or withdrawn, the member concerned may be punished— (Amended L.N. 446 of 1994) 
(a) if a senior officer, in accordance with Public Service (Administration) Order and government regulations; (Amended 76 of 1999 s. 3)
(b) if a subordinate officer, in the appropriate manner prescribed by rules made under section 16.
(2) In section 13 and in subsection (1) of this section, criminal proceedings (刑事法律程序) and criminal offence (刑事罪行) include, respectively—
(a) criminal proceedings in, and
(b) a criminal offence against the law of,
any place outside Hong Kong.

15. Saving in respect of Public Service (Administration) Order and government regulations
Nothing in this Part shall be construed to preclude—
(a) the summary dismissal of any member in accordance with Public Service (Administration) Order and government regulations;
(b) the termination of the employment in accordance with Public Service (Administration) Order of any member on the grounds that, having regard to the conditions of the public service, the usefulness of the member thereto and all other circumstances of the case, such termination is desirable in the public interest.
(Amended 76 of 1999 s. 3)

16. Disciplinary rules
(1) The Chief Executive may make rules for all or any of the following matters—
(a) the acts and omissions which shall be disciplinary offences on the part of any member;
(b) the procedure to be followed where—
(i) a disciplinary offence is alleged to have been committed by any subordinate officer;
(ii) a subordinate officer is found guilty of or pleads guilty to a criminal offence as defined in section 14(2);
(c) the punishment of a subordinate officer for any disciplinary offence or where he is found guilty of or pleads guilty to a criminal offence as defined in section 14(2);
(d) the rights of appeal of a subordinate officer—
(i) found guilty of a disciplinary offence; or
(ii) punished,
under rules made under this section and the review by the Commissioner of findings made and punishments awarded.
(2) Rules made under paragraph (d) of subsection (1) may authorize the Chief Executive to delegate to the Secretary for the Civil Service, or to a public officer not below the rank of Director of Bureau, the determination of an appeal referred to in that paragraph.
(Amended 76 of 1999 s. 3)

### Customs and Excise Service Ordinance 《香港海關條例》

17. When members to be deemed on duty
A member who is off duty shall be deemed to be on duty whenever he encounters circumstances which would require him, if actually on duty, to act in enforcing this Ordinance or any of the Ordinances specified in Schedule 2 or in preventing, suppressing or investigating an offence endangering national security.
(Amended 66 of 1989 s. 5; 6 of 2024 s. 156)

17A. General powers of arrest and search
(1) A member may, without warrant, stop and search and arrest any person whom he may reasonably suspect of having committed a specified offence. (Amended 66 of 1989 s. 6; 6 of 2024 s. 157)
(2) If any person resists, or attempts to evade, search or arrest by a member, whether effected under this Ordinance or any other power, the member may use such force as is reasonably necessary to effect the search or arrest.
(3) Where a member has arrested any person the member may search for and take possession of any thing found on his person or in or about the place at which the person has been arrested and which the member may reasonably suspect is related to or connected with the offence for which the person has been arrested or may throw light on the character or activities of that person or any associate of his.
(4) A person may be searched only by a member who is of the same sex.
(5) In this section—
specified offence (指明罪行) means—
(a) an offence endangering national security; or
(b)  an offence against this Ordinance or an Ordinance specified in Schedule 2. (Added 6 of 2024 s. 157)

### Customs and Excise Service Ordinance 《香港海關條例》

17B. Power to enter and search for suspects
(1) If a member reasonably believes that—
(a) a person whom he intends to arrest has entered into or is in any premises; and
(b) in order to effect the arrest it is necessary to enter and search those premises,
he may request any person having apparent control of such premises or residing therein to allow him and any person acting in his aid free entry thereto and to take all reasonable measures to facilitate the search.
(2) If—
(a) paragraphs (a) and (b) of subsection (1) apply; and
(b) entry to the premises cannot be obtained under subsection (1); and
(c) the offence for which the member intends to effect the arrest is an arrestable offence and a person having apparent control of the premises or residing therein has been so informed if it is possible and practicable in the circumstances to do so,
the member and any person acting in his aid may enter the premises and search for the suspect.
(3) Any person having apparent control of premises referred to in subsection (1) or residing therein shall, upon request by a member and being informed that the offence for which the member intends to effect the arrest is an arrestable offence, allow the member and any person acting in his aid free entry thereto and take all reasonable steps to facilitate the search.
(4) A member, and any person acting in his aid, may break open any outer or inner door or window of premises if it is necessary to do so in order to enter or leave any premises which he is authorized to enter by virtue of this section or any other enabling power.
(5) In this section—
arrestable offence (可逮捕的罪行) means an offence endangering national security, or any other offence for which the sentence is fixed by law or for which a person may under or by virtue of any law be sentenced to imprisonment for a term exceeding 12 months, and an attempt to commit any such offence; (Amended L.N. 307 of 1998; 6 of 2024 s. 158)
premises (處所) means any place on land, and any vehicle, vessel, train, tram or aircraft.