Page:Chemical Weapons (Convention) Ordinance (Cap. 578).pdf/20

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CHEMICAL WEAPONS (CONVENTION)
ORDINANCE

Ord. No. 26 of 2003
A1055


(3) In subsection (2), a reference to information contained in a computer in or on any declared premises, place, vessel, aircraft or vehicle entered or boarded under section 15 includes a reference to information which is contained in any device found in or on such premises, place, vessel, aircraft or vehicle and which is capable of being retrieved on a computer.

(4) The owner of any article or document seized by a member of the Customs and Excise Service or an authorized officer under this section may, on application to the Commissioner and subject to such conditions as the Commissioner may impose, photograph or make any other form of copy of the seized article or document.

(5) Where any article, vessel or vehicle seized by a member of the Customs and Excise Service or an authorized officer under this section—

(a) is not, or is no longer, required for the purposes of any investigation or criminal proceedings under this Ordinance or any other enactment; and
(b) is not liable to forfeiture under this Ordinance or any other enactment,

then the Commissioner shall, as soon as is reasonably practicable, restore the article, vessel or vehicle to the person who appears to him to be the owner thereof or the authorized agent of the owner.

17. Inspection and storage of controlled articles

(1) For the purpose of determining whether or not an article is a controlled article, the prescribed person in respect of the article shall, if required to do so by the Commissioner, a member of the Customs and Excise Service of or above the rank of Inspector or an authorized officer, produce it for inspection by the Commissioner, member or officer.

(2) The Commissioner, a member of the Customs and Excise Service of or above the rank of Inspector or an authorized officer shall determine whether or not any article produced to him for inspection under subsection (1) is a controlled article.

(3) The prescribed person in respect of a controlled article shall, if required to do so by the Commissioner, a member of the Customs and Excise Service of or above the rank of Inspector or an authorized officer, cause such article to be stored in a place specified by the Commissioner, member or officer under such conditions as he may impose.

(4) An article stored in a specified place in accordance with the directions of the Commissioner, a member of the Customs and Excise Service of or above the rank of Inspector or an authorized officer under subsection (3) shall not be removed from that place unless the Commissioner, member or officer has authorized in writing the removal of the article.