Page:Control of Obscene and Indecent Articles Ordinance 1987 (Cap. 390).pdf/15

Rh issue a warrant authorizing any person being a police officer or member of the Customs and Excise Service to enter such premises, place, vessel, aricraftaircraft [sic] or vehicle, and search for, seize, remove and detain any such article or thing.

(2) An authorized officer may—
 * (a) if he is a police officer, call on any member of the Customs and Excise Service; or
 * (b) if he is a member of the Customs and Excise Service, call on any police officer,

to assist him in the exercise of the powers conferred by this section.

(3) An authorized officer or an assisting officer may, at any time of the day or night—
 * (a) enter and search any premises or place named in the warrant; or
 * (b) stop, board and search any vessel, aircraft or vehicle named in the warrant.

(4) An authorized officer or an assisting officer may seize, remove and detain—
 * (a) any article in respect of which he reasonably suspects that an offence under section 23 or 28 has been or is being or is about to be committed; or
 * (b) anything whatever which he reasonably suspects to be, or to contain, evidence of the commission of such an offence.

(5) In this section—

“aircraft” does not include a military aircraft;

“vessel” does not include a ship of war or a ship having the status of a ship of war.

35. An authorized officer or an assisting officer may in relation to his powers under a warrant—
 * (a) use such force as is reasonably necessary to enter any premises or place which he is empowered to enter and search;
 * (b) use such force as is reasonably necessary to stop, board, or search any vessel, aircraft or vehicle which he is empowered to stop, board and search;
 * (c) use such force as is reasonably necessary to remove any person or thing obstructing him in the exercise of those powers;
 * (d) detain any person found in or on any premises, place, vessel, aircraft or vehicle which he is empowered to enter and search until it has been searched; and
 * (e) prevent any person from approaching, boarding or leaving any vessel, aircraft or vehicle which he is empowered to enter and search until it has been searched.

36. In addition to any power he may have under section 34, any member of the Customs and Excise Service may seize, remove and detain—
 * (a) any article in respect of which he reasonably suspects that an offence under section 21(1)(c) or 26(c) has been or is being or is about to be committed; and