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Chapter: | 615
 | Title: | Anti-Money Laundering and Counter-Terrorist Financing (Financial Institutions) Ordinance | Gazette Number: | 15 of 2011 |
| Section: | 48 | Heading: | Authorized officer¡¦s power to arrest and search, etc. | Version Date: | 01/04/2012 |
(1) An authorized officer may, without a warrant, arrest a person or detain a person for further enquiries if¡X
- (a) the authorized officer has reasonable grounds to suspect that the person has committed or is committing an offence under section 29; and
(b) it appears to the authorized officer that service of a summons is impracticable because¡X
- (i) the name of the person is unknown to, and cannot readily be ascertained by, the authorized officer;
(ii) the authorized officer has reasonable grounds to suspect that a name given by the person as his or her name is not the person¡¦s true name;
(iii) the person has failed to give a satisfactory address for service of the summons; or
(iv) the authorized officer has reasonable grounds to suspect that an address given by the person as an address for service of the summons is not a valid address.
(3) An authorized officer who arrests a person under this section must immediately take the person to a police station or, if in the opinion of the authorized officer further enquiries are necessary, first to an office of the Customs and Excise Department and then to a police station, there to be dealt with in accordance with the Police Force Ordinance (Cap 232).
(4) A person, whether arrested or not, must not be detained for more than 48 hours without being charged and brought before a magistrate.
(5) If a person forcibly resists or attempts to evade arrest or detention under this section, the authorized officer may use any force that is reasonably necessary to effect the arrest or detention.
(6) If an authorized officer has arrested a person under this section, the officer may¡X
- (a) search the person, or the place at which the person has been arrested and its surrounding areas, for anything that may be related to the suspected offence; and
(b) take possession of anything found as a result of the exercise of the power under paragraph (a) that the authorized officer has reasonable grounds to suspect is related to the suspected offence.