PROTECTION OF NON-GOVERNMENT CERTIFICATES OF ORIGIN ORDINANCE
Gazette Number:
L.N. 197 of 1999
Section:
10
Heading:
Powers and obstruction of authorized officers
Version Date:
23/07/1999
(1) Any authorized officer may- (Amended 14 of 1990 s. 8)
(a) subject to subsection (2), enter and search any place, or board and search any vessel (other than a ship of war) or any aircraft (other than a military aircraft) or search any vehicle, in which he reasonably suspects there is evidence of the commission of an offence under this Ordinance;
(b) seize, remove and detain-
(i) anything in respect of which he reasonably suspects that an offence under this Ordinance has been committed; or
(ii) anything that appears to him to be, or to be likely to be or to contain, evidence of an offence under this Ordinance; and
(c) enter and inspect the premises at or from which any person manufactures, processes, produces or sells any article that is included or is to be included in any certificate of origin.
(2) An authorized officer shall not enter and search domestic premises except pursuant to the warrant of a magistrate issued under subsection (2A). (Replaced 14 of 1990 s. 8)
(2A) A magistrate may, if he is satisfied by information on oath that there are reasonable grounds for suspecting that there is in domestic premises any thing which may be seized under subsection (1)(b), issue a warrant authorizing an authorized officer to enter and search the premises. (Added 14 of 1990 s. 8)
(3) Any authorized officer may- (Amended 14 of 1990 s. 8)
(a) break open any outer or inner door of any place that he is empowered or authorized by or under this Ordinance to enter and search;
(b) forcibly board any vessel, aircraft or vehicle that he is empowered by this Ordinance to board and search;
(c) remove by force any person or thing obstructing any detention, search, inspection, seizure or removal that he is empowered by this Ordinance to make;
(d) detain any person found in any place that he is empowered or authorized by or under this Ordinance to search until such place has been searched;
(e) detain any vessel or aircraft that he is empowered by this Ordinance to board and search, and prevent any person from approaching or boarding such vessel or aircraft, until it has been searched;
(f) detain any vehicle that he is empowered by this Ordinance to search until it has been searched; and
(g) search the person and property and effects of any person whom he reasonably suspects of being guilty of an offence under this Ordinance:
Provided that no person shall be searched except by a person of the same sex, and provided that no person shall be searched in a public place if he objects to being so searched.
(4) An authorized officer may-
(a) require any information which he reasonably suspects relates to an offence which has been, or may have been, committed under this Ordinance that is-
(i) contained in a computer in, on or accessible from the premises, place, vessel, aircraft or vehicle entered or boarded under this section; or
(ii) contained in any device found in or on the premises, place, vessel, aircraft or vehicle entered or boarded under this section and which is capable of being retrieved on a computer,
to be produced on a computer in or on the premises, place, vessel, aircraft or vehicle in a visible and legible form, and examine the information;
(b) require any information described in paragraph (a) to be produced in a form in which it can be taken away and in which it is either visible and legible or capable of being retrieved on a computer; and
(c) take away the copy so produced under paragraph (b). (Added 38 of 1999 s. 9)
(5) Any person who-
(a) obstructs an authorized officer in the exercise of any power or the performance of any duty conferred or imposed on authorized officers by this Ordinance; or
(b) fails to comply with any requirement, direction or demand given or made by an authorized officer in the exercise or performance of any such power or duty,
commits an offence and is liable to a fine at level 3 and to imprisonment for 6 months. (Added 38 of 1999 s. 9)
(6) Any person who knowingly makes a false report, or furnishes any false or misleading information, to any authorized officer in exercising or performing his powers or duties under this Ordinance commits an offence and is liable to a fine at level 3 and to imprisonment for 6 months. (Added 38 of 1999 s. 9)