Page:Chemical Weapons (Convention) Ordinance (Cap. 578).pdf/22

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CHEMICAL WEAPONS (CONVENTION)
ORDINANCE

Ord. No. 26 of 2003
A1059


(4) If a member of the Customs and Excise Service or an authorized officer has reason to believe that a person whom he intends to arrest (in this section referred to as “the suspected offender”) has entered into or is in any premises or place, any person residing in or in charge of such premises or place shall, on demand by the member or officer, allow him free entry thereto and afford all reasonable facilities to search for the suspected offender in those premises or that place.

(5) If entry to such premises or place cannot be obtained under subsection (4), a member of the Customs and Excise Service or an authorized officer, in any case in which a warrant to enter and search such premises or place may be issued under section 15(1) but cannot be obtained without affording the suspected offender an opportunity to escape, may enter the premises or place and search for the suspected offender and for the purpose of entry or search may break open any outer or inner door or window of the premises or place.

19. Ancillary powers of investigation

(1) A member of the Customs and Excise Service or an authorized officer may—

(a) use such force as is reasonably necessary to enter any premises or place which he is empowered by this Ordinance to enter and search;
(b) use such force as is reasonably necessary to stop, board, remove, detain and search any vessel, aircraft or vehicle which he is empowered by this Ordinance to stop, board, remove, detain and search;
(c) use such force as is reasonably necessary to remove any person or thing obstructing him in the exercise of any power conferred on him by this Ordinance;
(d) for the purposes of carrying out a search of any premises or place which he is empowered by this Ordinance to search, detain during such period as is reasonably required to permit the search to be carried out any person who—
(i) may appear to have in his possession or under his control any document as is mentioned in section 14(1)(c), any article as is mentioned in section 16(1)(a) or any computer or device as is mentioned in section 14(1)(e) or 16(2) and (3); and
(ii) if not so detained, might prejudice the purpose of the search;