### Dutiable Commodities Ordinance 《應課稅品條例》

9. Register of requisitions and permits
Every requisition for a permit and a copy of every permit issued shall be kept under the control of the officer authorized to issue the permit, and the absence of any requisition or copy from its usual place of keeping shall be prima facie evidence that a permit has not been applied for or, as the case may be, that a permit has not been issued.
(Amended 19 of 2001 s. 7)

### Dutiable Commodities Ordinance 《應課稅品條例》

11. Powers of the Customs and Excise Service
(1) Every member of the Customs and Excise Service shall for the purposes of this Ordinance have power to do all or any of the following things—
(a) to enter at all reasonable times or, if specially authorized in writing by the Commissioner for the purposes of this section, at any time by day and night and remain as long as he thinks fit upon any premises or place in respect of which any person holds a licence and to inspect and examine the premises or place and every part thereof; (Amended 3 of 1970 s. 7) 
(b) to require the production of any licence, permit, and any book or document kept in pursuance of this Ordinance or any other document which has a bearing on the quantity, origin, value or nature of any goods to which this Ordinance applies, and to inspect, remove and detain for the purpose of examination for so long as the Commissioner may consider necessary and to examine and copy any such books or documents; (Amended 3 of 1970 s. 36; 34 of 1984 s. 2; 66 of 1986 s. 9) 
(c) to make such examination and inquiry as may be necessary to ascertain whether the provisions of this Ordinance are complied with as respects any goods to which this Ordinance applies; (Amended 3 of 1970 s. 36) 
(d) without payment, to take such samples of any goods to which this Ordinance applies as the Commissioner may direct for examination or for ascertaining the duty payable on such goods, and samples so taken for examination or for ascertaining the duty payable may be disposed of as the Commissioner may think fit; and 
(e) to exercise such other powers as may be necessary for giving effect to the provisions of this Ordinance. 
(2) The holder of every licence or permit issued under this Ordinance and his servants or agents shall furnish the means required by a member of the Customs and Excise Service as necessary for any entry, inspection, examination, inquiry or the exercise of his powers under this Ordinance in relation to any goods to which this Ordinance applies and which are or have been in the possession, custody or control of such licensee or permittee. 
(3) If in pursuance of this section any member of the Customs and Excise Service, having demanded admission into any premises and declared his name and business at any entrance thereof, is not immediately admitted, he and any person acting in his aid may break into and forcibly enter the premises.

### Dutiable Commodities Ordinance 《應課稅品條例》

11A. Books and documents, etc. in non-legible form
(1) Any book or document kept in pursuance of this Ordinance shall be kept in a legible form or in a non-legible form capable of being reproduced in a legible form. 
(2) If any licence, permit, book or other document was issued or is kept otherwise than in a legible form, any power conferred by this Ordinance to require the production of such licence, permit, book or other document, to remove and detain it for the purpose of examination, to examine it or to take copies of it shall be construed as including power to require production of it, to remove it and to detain it for the purpose of examination, to examine or to take copies of a reproduction of the licence, permit, book or other document or of the relevant part of it in a legible form. (Amended 19 of 2001 s. 8)
(3) Without affecting the generality of subsection (2), where any premises or place have been entered under section 11(1)(a), a power conferred by this Ordinance—
(a) to require the production of any licence, permit, book or other document shall be construed as including the power to require that any information of a kind specified in subsection (4) and relating to such licence, permit, book or other document be produced in the premises or place in a legible form;
(b) to inspect, remove and detain for the purposes of examination, or to examine and copy, any licence, permit, book or other document shall be construed as including the power—
(i) to require that any information of a kind specified in subsection (4) and relating to such licence, permit, book or other document be produced in a form in which it can be taken away and in which it is either legible or capable of being retrieved on a computer; and
(ii) to take away the material so produced. (Added 19 of 2001 s. 8)
(4) The information specified for the purposes of subsection (3) is information that is—
(a) stored in the form of an electronic record in or accessible from the premises or place entered under section 11(1)(a); or
(b) contained in any device found in the premises or place entered under section 11(1)(a) and that is capable of being retrieved in the form of an electronic record. (Added 19 of 2001 s. 8)
(Added 66 of 1986 s. 10)

### Dutiable Commodities Ordinance 《應課稅品條例》

12. Seizure without warrant
Any member of the Customs and Excise Service may without warrant—
(a) seize, remove and detain any goods to which this Ordinance applies and in respect of which he finds or has reasonable cause to suspect that an offence against this Ordinance has been committed, or that the goods are otherwise liable to forfeiture under this Ordinance; (Amended 3 of 1970 s. 36) 
(b) stop and board any ship, aircraft, train or vehicle and search the same and every part thereof, and may remain thereon as long as it remains in Hong Kong.

13. Ships failing to bring to
The master of any ship not exceeding 250 tons gross tonnage in the waters of Hong Kong who shall refuse to stop and receive any member of the Customs and Excise Service on board such ship or who shall refuse or neglect, to bring his ship to when hailed by a member of the Customs and Excise Service in charge of any ship employed in the service of the Government of Hong Kong having displayed the customary flag or having exhibited or made a recognition signal shall be guilty of an offence and shall be liable to a fine at level 5 in addition to any other penalty to which he may be liable under the provisions of this Ordinance. 
(Amended 3 of 1970 s. 8; L.N. 338 of 1995)[cf. 1952 c. 44 s. 78 U.K.]