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

17BA. Search and examination without warrant
(1) A member may— (Amended 6 of 2024 s. 159)
(a) at any point of entry to or exit from Hong Kong or on any ship, other than a ship of war, within the waters of Hong Kong, request permission to examine the baggage and personal belongings accompanying any person which is being imported into, or which is being exported from, Hong Kong;
(b) at any point of entry to or exit form Hong Kong or on any ship, other than a ship of war, within the waters of Hong Kong, examine—
(i) any cargo, together with any manifest and supporting documents;
(ii) any article, other than a postal packet to which section 35 of the Import and Export Ordinance (Cap. 60) applies; and
(iii) any unaccompanied baggage or unaccompanied personal belongings,
which is being imported into, or which is being exported from, Hong Kong;
(c) at any place where cargo is stored prior to being exported or after it has been imported and prior to, or at the time of, its collection by the consignee, examine such cargo, together with any manifest and supporting documents; and
(d) stop and board any ship, aircraft, train or vehicle, other than a ship of war or military aircraft, which has arrived in or is about to depart from Hong Kong and search it and may remain on it as long as it remains in Hong Kong.
(1A) The power under subsection (1) may only be exercised for either or both of the following purposes—
(a) preventing, suppressing or investigating an offence endangering national security;
(b) enforcing this Ordinance or an Ordinance specified in Schedule 2. (Added 6 of 2024 s. 159)
(2) For the purpose of effecting an examination of any thing under subsection (1)(a), (b) or (c) which is unopened, a member may detain the thing until the owner, the person in whose possession the thing is found or any other person claiming to be entitled to open it for examination has opened it for examination.
(3) If the owner, the person in whose possession the thing is found or any other person claiming to be entitled to open it for examination refuses to open it, or, having been given a reasonable time to do so, fails to do so, a member not below the rank of inspector may order that the thing be opened for examination and the member may then break open the thing for examination.
(4) The owner, the person in whose possession the thing is found or any person claiming to be entitled to open it for examination shall be given a reasonable opportunity (having regard to the circumstances) to be present when the thing is opened for examination under subsection (3).
(Added 66 of 1989 s. 7)

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

17BB. Inspection of travel documents

(1) A member not below the rank of inspector may, at an entry point to or exit point from Hong Kong or on any ship, other than a ship of war, in the waters of Hong Kong, require any person who has arrived in or is about to depart from Hong Kong to produce his travel document for inspection. (Amended 6 of 2024 s. 160)
(2) The power under subsection (1) may only be exercised in either or both of the following circumstances—
(a) during the prevention, suppression or investigation of an offence endangering national security;
(b) during the exercise of any powers under this Ordinance or any Ordinance specified in Schedule 2. (Added 6 of 2024 s. 160)

(Added 66 of 1989 s. 7)

17C. Action after arrest
(1) Subject to subsection (2), a member who arrests any person, whether under this Ordinance or any other enabling power, may take him to an office of the Customs and Excise Service for further inquiries and, subject thereto, shall take him to a police station to be dealt with in accordance with the Police Force Ordinance (Cap. 232).
(1A) A member who arrests a person may require the person to give his correct name and to produce evidence of identity to the member. (Added 66 of 1989 s. 8)
(2) No person shall be detained for more than 48 hours from the time he is arrested without being charged and brought before a magistrate.

17D. Saving of other powers
(1) The powers conferred upon a member by this Part are additional to those conferred on him by any other law.

17E. Making of false reports etc., to member
Any person who makes or gives or causes to be made or given to a member in the performance of his duty any report, accusation, statement or information which he knows to be false or misleading commits an offence.

17F. Assault etc. on a member
Any person who wilfully assaults, resists or obstructs any member acting in the execution of his duty commits an offence.

17FA. Failure to give correct name
Any person who—
(a) fails to give his correct name; or
(b) fails to produce evidence of his identity,
to a member under section 17C(1A) when required after he is arrested commits an offence.
(Added 66 of 1989 s. 10)

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

17G. Unauthorized wearing of uniform
(1) Any person who, not being a member of the Customs and Excise Service, knowingly wears the uniform of that Service or any dress having the appearance or bearing any of the distinctive marks of such uniform, without the permission of the Commissioner, commits an offence. (Amended 66 of 1989 s. 11)
(2) A court or magistrate may on the application of the Commissioner order a person who has in his possession any uniform or dress referred to in subsection (1) to surrender to the Commissioner the uniform or dress, whether or not that person has been convicted of an offence under that subsection in relation to that uniform or dress. (Added 66 of 1989 s. 11)
(3) In making an order under subsection (2) the court or magistrate may order that, in default of compliance with the order within a specified time, the person shall pay to the Government a sum of money determined by the court or magistrate as the value of the uniform or dress, which sum shall be recoverable as a civil debt. (Added 66 of 1989 s. 11)