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(5) Any person authorized in writing under subsection (4) to remove an article from a specified place shall comply with such conditions as may be imposed by the Commissioner, a member of the Customs and Excise Service of or above the rank of Inspector or an authorized officer on the removal of the article.

(6) Where—

(a) the Commissioner has been notified under section 7(2) in relation to an article; and

(b) the identity of the person, if any, in possession or control of the article has not been able to be ascertained after reasonable inquiries for the purpose have been made by a member of the Customs and Excise Service or an authorized officer,

then the Commissioner may nominate in writing a public officer to be the person deemed to be in possession or control of the article for the purposes of this section.

(7) In this section—

“controlled article” (受管制物品) means any article—

(a) which is a chemical weapon, a Schedule 1 chemical, a Schedule 2 chemical or a Schedule 3 chemical; or

(b) in respect of which an offence has been committed under this Ordinance;

“prescribed person” (訂明人士), in relation to an article, means—

(a) the person in possession or control of the article; or

(b) the person deemed under subsection (6)(b) to be in possession or control of the article.

18. Powers of arrest

(1) Subject to subsection (2), a member of the Customs and Excise Service or an authorized officer may, without warrant, arrest, or detain for such period as is reasonably necessary for further inquiries to be carried out, any person whom he reasonably suspects of having committed any offence under this Ordinance.

(2) A member of the Customs and Excise Service or an authorized officer who arrests any person under subsection (1) shall take the person to a police station or, if further inquiries are necessary, first to the office of the Customs and Excise Service or the office of an authorized officer and then to a police station, there to be dealt with in accordance with the provisions of the Police Force Ordinance (Cap. 232); but in no case shall any person be detained for more than 48 hours without being charged and brought before a magistrate.

(3) If any person forcibly resists or attempts to evade arrest under this section, the member of the Customs and Excise Service or the authorized officer may use such force as is reasonably necessary to effect the arrest.