### Immigration Service Ordinance 《入境事務隊條例》

13C. Power of search and seizure
(1) Where it appears to a magistrate upon the oath of a member of the Service that there is reason to believe that there is in any place any thing which is or contains evidence which may be required in proceedings for an offence under this Ordinance or for a scheduled offence, or wholly or partly by means of which or in relation to which any such offence has been or is about to be committed, or which is likely to be of value (whether by itself or together with anything else) to any investigation into any such offence, the magistrate may, by warrant delivered to a member of the Service, authorize such member, with such assistance as may be reasonably necessary, to enter the place specified in the warrant and to search for, examine and inspect, and seize, remove and detain any such thing.
(2) Before entering any place under subsection (1), a member of the Service shall, if so required, first—
(a) state the purposes for which he seeks such entry and produce for inspection his warrant card; and
(b) produce the warrant pursuant to which the entry is proposed to be made.
(Added 53 of 1996 s. 4)

13D. Miscellaneous powers of members of Service
For the purposes of effecting an entry or search under this Ordinance, a member of the Service and any person acting in his aid at the request of a member of the Service may, if necessary, break open any outer or other door or window.
(Added 53 of 1996 s. 4)

14. Power to take photograph, etc. of arrested person
(1) A member of the Service who arrests a person, whether under the provisions of this Ordinance or of any other enactment, may require the person to give his correct name and to produce evidence of identity. (Added 53 of 1996 s. 5)
(2) Any member of the Service or any police officer may take the photograph, finger-prints, weight and measurements of any person who has been arrested by any such member, whether under the provisions of this Ordinance or of any other enactment: (Amended 53 of 1996 s. 5)
Provided that, if any such person who has not previously been convicted is subsequently discharged or acquitted, any photograph (both negative and copies), finger-print impressions and records of weight or measurements so taken shall as soon as reasonably practicable be destroyed or, if the person prefers, delivered to that person. (Amended 53 of 1996 s. 5)

14A. Saving of other powers
The powers conferred on a member of the Service by this Part are in addition to, and not in substitution for, any other powers, if any, conferred on him whether by Ordinance or otherwise.
(Added 53 of 1996 s. 6)

### Immigration Service Ordinance 《入境事務隊條例》

16. Director to be corporation sole for purposes of this Part
(1) The Director is constituted as a corporation sole for the purposes of this Part with the corporate name of “Director of Immigration Incorporated”.
(2) The corporation—
(a) has perpetual succession; and
(b) for the purposes of this Part, may acquire, hold and dispose of real and personal property; and
(c) may take legal proceedings and be proceeded against in its corporate name; and
(d) is required to have a corporate seal; and
(e) for the purposes of this Part, has the capacity to do and be subjected to all other things that bodies corporate may, by law, do and be subjected to.
(3) A document requiring authentication by the corporation is sufficiently authenticated if it is signed by the Director or by any member of the Service authorized to do so by the Director.
(4) The affixing of the corporate seal to a document executed by the corporation is not valid unless authenticated by the Director or a member of the Service designated for the purpose by the Director.
(5) The corporation is not a trustee for the beneficiaries, but, subject to subsection (6), nothing in this Part limits a right conferred by law to bring legal proceedings against the corporation for a contravention of this Part or a failure to perform a duty imposed by this Part.
(6) Neither the Director nor any delegate of the corporation is personally liable in any legal proceedings arising out of an act done or omitted to be done in relation to the Fund if the act was done or omitted to be done in good faith for the purpose of giving effect to this Part.

16A. Continuance of Immigration Service Welfare Fund
(1) The fund called the “Immigration Service Welfare Fund” in English and “入境事務隊福利基金” (formerly “人民入境管理隊福利基金”) in Chinese is continued by this section.
(2) The Fund and the property derived from the application of the Fund are vested in the corporation.

### Immigration Service Ordinance 《入境事務隊條例》

16B. What the Fund consists of
The Fund consists of the following—
(a) any donations made to the Fund;
(b) proceeds from the sale of souvenirs and the disposal of other property held for the purposes of the Fund;
(c) all fees collected from social, educational and recreational activities organized by or on behalf of the Director for the purposes of the Fund;
(d) money derived from the investment of the Fund;
(e) money accruing as interest on loans made from the Fund;
(f) gifts of money required under the notice from time to time given by the Chief Executive for the purposes of section 3 of the Prevention of Bribery Ordinance (Cap. 201) to be disposed of by being paid into the Fund; (Amended 10 of 2005 s. 218; 26 of 2012 s. 48)
(g) any money voted to the Fund by the Legislative Council;
(h) money held in the Fund immediately before the commencement* of Schedule 4 to the Disciplined Services Welfare Funds Legislation (Amendment) Ordinance 1999 (58 of 1999) and money which was, immediately before that commencement, recoverable for the Fund and which is subsequently paid to, or recovered for, the Fund after that commencement;
(i) money paid or payable to the credit of the Fund from any other lawful source.

Editorial Note:
* Commencement date: 19 November 1999.

16C. Functions of corporation
(1) Subject to this Part, the principal function of the corporation is to administer the Fund, and the property derived from the application of the Fund, for the benefit of beneficiaries and others as provided by this Part.
(2) The corporation has such ancillary functions as are necessary to enable it to perform its principal function.
(3) The corporation is required—
(a) to act honestly in all matters relating to its principal function; and
(b) to exercise in relation to all matters relating to the administration of the Fund the same degree of care, skill and diligence as an ordinary prudent person would exercise in dealing with property of another person for whom the person felt morally bound to provide; and
(c) to ensure that its functions relating to the Fund are performed or exercised in the best interests of beneficiaries.