### Import and Export Ordinance 《進出口條例》

20A. Removal of articles may be prohibited until importer known
(1) In this section and section 20B—
article (物品) means article of cargo;
consignee (收貨人) includes the agent of the consignee and any person entitled to the delivery of an article;
officer (人員) means any member of the Customs and Excise Service or any authorized officer.
(2) Where any article is upon any vessel, aircraft or vehicle for importation into Hong Kong and an officer, for the purpose of carrying out his functions under this Ordinance, requires to know the identity of the consignee of the article or to verify the particulars supplied to him by any person, or in any document, relating to the identity of the consignee, the officer may give notice to the owner of the vessel, aircraft or vehicle prohibiting such owner from removing, or permitting the removal of, the article—
(a) from the vessel, aircraft or vehicle except to a place specified in the notice, being a place designated by such owner; and
(b) from such place,
save in accordance with permission therefor granted under subsection (4).
(3) A copy of any notice given under subsection (2) shall, where the goods are to be stored in premises occupied by a person other than the owner of the vessel, aircraft or vehicle, be given also to the person occupying such premises and such person shall not remove, or permit the removal of, the article from his premises save in accordance with permission therefor granted under subsection (4).
(4) The officer giving notice under subsection (2) shall, as soon as reasonably practicable, after he knows of the identity, or he verifies the particulars, of the consignee of the article to which the notice relates, permit the person upon whom the notice is served to remove, or permit the removal of, the article from the place where, by virtue of the notice, it may lawfully be kept either—
(a) unconditionally, in which case he shall notify the person on whom the notice is served in writing; or
(b) after examination of the article in accordance with the powers vested in such officer under section 20.
(5) It shall be the duty of the person upon whom a notice is served under subsection (2) or (3), at any time prior to the grant of permission under subsection (4), upon obtaining information as to the identity or particulars of the consignee of the article to which the notice relates, being information not previously supplied by such person to the officer giving the notice, to supply such information to the officer specified in the notice.
(Added 36 of 1983 s. 5)

### Import and Export Ordinance 《進出口條例》

20B. Requirement that articles may be removed from vessel etc. for examination
(1) Where any article is upon any vessel, aircraft or vehicle for importation into Hong Kong and an officer desires, in the exercise of his functions under section 20, to examine such article, but he is of the opinion that such article can be more conveniently examined after it has been removed from such vessel, aircraft or vehicle, he may give notice to the consignee of the article, or, in the case of an article in transit being a prohibited article, to the owner of the vessel, aircraft or vehicle, requiring the article to be removed for examination to premises specified in the notice, being premises nominated by the consignee or such owner, as the case may be.
(2) A copy of any notice given under subsection (1) shall, where the goods are to be removed to premises occupied by a person other than the consignee or such owner, as the case may be, be given also to the person occupying such premises.
(3) The consignee or such owner, as the case may be, and, in the event of a copy of the notice being served upon any occupier under subsection (2), the occupier, shall not remove, or permit the removal of, the article from the premises specified in the notice given under subsection (1) until—
(a) the article has been examined by an officer in accordance with the powers vested in such officer under section 20; or
(b) an officer has informed such consignee, owner or occupier in writing that such examination is unnecessary.
(4) Where an article is removed to any premises pursuant to a notice given under subsection (1), it shall be the duty of—
(a) every person in control of such premises to permit an officer to have access to the article and to examine it in accordance with the powers vested in such officer under section 20; and
(b) the Commissioner to ensure that such examination is made as soon as reasonably practicable.
(5) It may be the condition of any notice given under subsection (1) that the article shall, at all times until it is examined by an officer under section 20, be guarded by an officer and if there is such a condition, an officer may enter upon any place where the article is and take such measures as are reasonably necessary to protect the article from interference.
(6) Any notice, notification or information of any kind under this section or section 20A shall contain or include such information and be given in such manner as may be prescribed. (Replaced 24 of 2002 s. 2)
(Added 36 of 1983 s. 5. Amended 65 of 1991 s. 3)

### Import and Export Ordinance 《進出口條例》

22. Restrictions upon exercise of special powers of members of the Customs and Excise Service, etc.
(1) No domestic premises shall be entered and searched by a member of the Customs and Excise Service or an authorized officer unless—
(a) a magistrate has issued a warrant under subsection (2); or
(b) a member of the Customs and Excise Service of or above the rank of Assistant Superintendent has given an authorization under subsection (3). (Amended 46 of 1977 s. 17; L.N. 294 of 1982)
(2) A magistrate may, if he is satisfied by information on oath that there is reasonable ground for suspecting that there is in any domestic premises any thing which may be seized under section 21, issue a warrant authorizing a member of the Customs and Excise Service or an authorized officer to enter and search the premises.
(3) A member of the Customs and Excise Service of or above the rank of Assistant Superintendent may, if he reasonably suspects— (Amended 46 of 1977 s. 17; L.N. 294 of 1982)
(a) that there is in any domestic premises any thing which may be seized under section 21; and
(b) that unless the premises are entered and searched immediately such thing is likely to be removed from the premises,
authorize in writing a member of the Customs and Excise Service or an authorized officer to enter and search the premises.
(4) A member of the Customs and Excise Service or an authorized officer authorized under subsection (2) or (3) to enter and search any domestic premises may call upon any member of the Customs and Excise Service and any authorized officer to assist him in entering and searching the premises.
(5) No vessel which has a tonnage exceeding 250 gross tons shall be detained under section 21(1) for more than 12 hours without the consent of the Chief Secretary for Administration, who may, by order in writing under his hand, detain such a vessel for further periods of not more than 12 hours each. (Amended L.N. 362 of 1997)
(6) No aircraft shall be detained under section 21(1) for more than 6 hours without the consent of the Chief Secretary for Administration, who may, by order in writing under his hand, detain an aircraft for further periods of not more than 6 hours each. (Amended L.N. 362 of 1997)
(7) Any order made by the Chief Secretary for Administration under subsection (5) or (6) shall state the times from which and for which the order shall be effective. (Amended L.N. 362 of 1997)