Contents of Section

Chapter:

212 PDFTitle:OFFENCES AGAINST THE PERSON ORDINANCEGazette Number:
Section:55Heading:Power to issue warrant for searching house, etc., for gunpowder, etc.Version Date:30/06/1997

(1) On reasonable cause assigned upon oath by any person that any such gunpowder, or other explosive, dangerous, or noxious substance or thing, or any such machine, engine, instrument, or thing is suspected to be made, kept, or carried for the purpose of being used in committing any of the offences under sections 2, 9A, 10 to 17, 20, 21, 22, 28, 29, 30, 32(1) and (2), 33B(1), 42, 43, 45 and 46 a magistrate may issue a warrant for searching, in the day-time, any house, mill, magazine, storehouse, warehouse, shop, cellar, yard, wharf, or other place, or any carriage, wagon, cart, ship, boat, or vessel, in which the same is suspected to be made, kept, or carried for such purpose as hereinbefore mentioned; and the said substances and things shall be brought before a magistrate, and, on proof that the same have been made, kept, or carried for any of the purposes aforesaid, whether in the presence or absence of the owner of the said substances and things, a magistrate may declare the same to be forfeited. (Amended 50 of 1911 s. 4 & Schedule; 51 of 1911 s. 4; 21 of 1912 s. 2; 50 of 1991 s. 4; 13 of 1995 s. 2)
(2) Any magistrate and person acting in the execution of any such warrant shall have, for seizing, removing to proper places, and detaining all such gunpowder, explosive, dangerous, or noxious substances, machines, engines, instruments, or things, found upon such search, which he may have good cause to suspect to be intended to be used in committing any such offence, and the barrels, packages, cases, and other receptacles in which the same may be, the same powers and protections which are given by any Ordinance relating to gunpowder. (Amended 50 of 1911 Schedule; 21 of 1912 s. 2)

[cf. 1861 c. 100 s. 65 U.K.]