Cap 60 s 22 Restrictions upon exercise of special powers of members of the Customs and Excise Service, etc. (IMPORT AND EXPORT ORDINANCE)

Contents of Section

Chapter:	60	Title:	IMPORT AND EXPORT ORDINANCE	Gazette Number:	L.N. 362 of 1997
Section:	22	Heading:	Restrictions upon exercise of special powers of members of the Customs and Excise Service, etc.	Version Date:	01/07/1997

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

(a) a magistrate has issued a warrant under subsection (2); or

(b) a member of the Customs and Excise Service of or above the rank of Assistant Superintendent has given an authorization under subsection (3). (Amended 46 of 1977 s. 17; L.N. 294 of 1982)

(2) 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 thing which may be seized under section 21, issue a warrant authorizing a member of the Customs and Excise Service or an authorized officer to enter and search the premises.
(3) A member of the Customs and Excise Service of or above the rank of Assistant Superintendent may, if he reasonably suspects- (Amended 46 of 1977 s. 17; L.N. 294 of 1982)

(a) that there is in any domestic premises any thing which may be seized under section 21; 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.
(4) A member of the Customs and Excise Service or an authorized officer authorized under subsection (2) or (3) to enter and search any domestic premises may call upon any member of the Customs and Excise Service and any authorized officer to assist him in entering and searching the premises.
(5) No vessel which has a tonnage exceeding 250 gross tons shall be detained under section 21(1) for more than 12 hours without the consent of the Chief Secretary for Administration, who may, by order in writing under his hand, detain such a vessel for further periods of not more than 12 hours each. (Amended L.N. 362 of 1997)
(6) No aircraft shall be detained under section 21(1) for more than 6 hours without the consent of the Chief Secretary for Administration, who may, by order in writing under his hand, detain an aircraft for further periods of not more than 6 hours each. (Amended L.N. 362 of 1997)
(7) Any order made by the Chief Secretary for Administration under subsection (5) or (6) shall state the times from which and for which the order shall be effective. (Amended L.N. 362 of 1997)