Cap 296 s 10 Powers of entry, search and seizure and to examine documents (RESERVED COMMODITIES ORDINANCE)

Contents of Section

Chapter:	296	Title:	RESERVED COMMODITIES ORDINANCE	Gazette Number:
Section:	10	Heading:	Powers of entry, search and seizure and to examine documents	Version Date:	30/06/1997

(1) Subject to subsection (2), any member of the Customs and Excise Service and any authorized officer may, for the purposes of this Ordinance-

(a) enter and search any premises (other than domestic premises), or stop, board and search any vessel, aircraft or vehicle, if he has reason to suspect that there is therein-

(i) any reserved commodity in respect of which an offence under this Ordinance is being or has been committed; or

(ii) any thing which is or contains evidence of an offence under this Ordinance;

(b) stop and search any person if he has reason to suspect that such person is guilty of an offence under this Ordinance;

(i) any reserved commodity, if he has reason to suspect that an offence under this Ordinance is being or has been committed in respect thereof; and

(ii) any thing, if he has reason to suspect that it is or contains evidence of an offence under this Ordinance;

(d) enter and inspect any registered premises or any premises in which a reserved commodity is stored or kept by a person who is registered or to whom a licence or permit has been issued and enter any premises for the purposes of paragraph (e);

(e) require the production of and examine any document relating to a reserved commodity in the possession of any person who is registered, or to whom a licence or permit has been issued, in respect of such reserved commodity or to dealings by him in such reserved commodity.

(2) No domestic premises shall be entered or searched by a member of the Customs and Excise Service or any authorized officer unless-

(a) a magistrate has issued a warrant under subsection (3); or

(b) the Commissioner or a member of the Customs and Excise Service of or above the rank of assistant superintendent has given an authorization under subsection (4). (Amended L.N. 294 of 1982)

(3) A magistrate may, if he is satisfied by information on oath that there is reasonable ground for suspecting that there is in any domestic premises any reserved commodity or other thing which may be seized under subsection (1)(c), issue a warrant authorizing any member of the Customs and Excise Service or an authorized officer to enter and search the premises.
(4) The Commissioner or a member of the Customs and Excise Service of or above the rank of assistant superintendent may, if he reasonably suspects- (Amended L.N. 294 of 1982)

(a) that there is in any domestic premises anything which may be seized under subsection (1)(c); and

(b) that unless the premises are entered and searched immediately such thing is likely to be removed from the premises,

authorize in writing a member of the Customs and Excise Service or an authorized officer to enter and search the premises.
(5) A member of the Customs and Excise Service or an authorized officer authorized under subsection (3) or (4) to enter and search any domestic premises may call upon any member of the Customs and Excise Service or any authorized officer to assist him in entering and searching the premises.
(6) Any member of the Customs and Excise Service or any authorized officer may-

(a) use such force as is reasonably necessary to enter any premises which he is empowered by or under this Ordinance to enter and search;

(b) use such force as is reasonably necessary to stop, board and search any vessel, aircraft or vehicle which he is empowered by this Ordinance 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 any power conferred on him by or under this Ordinance;

(d) detain any person found in any premises which he is empowered by or under this Ordinance to search until such premises have been searched;

(e) prevent any person from approaching, boarding or leaving any vessel, aircraft or vehicle which he is empowered by this Ordinance to stop, board and search until it has been searched.

(7) No person shall be searched under this section except by a person of the same sex or in a public place if he objects to being searched in such a place.