Contents of Section

Chapter:

200 PDFTitle:CRIMES ORDINANCEGazette Number:
Section:8Heading:Power to search and prevent offences under section 7Version Date:30/06/1997

(1) If a judge is satisfied by information on oath that there is reasonable ground for suspecting that an offence under section 7 has been committed, and that evidence of the commission thereof is to be found at any premises or place specified in the information, he may grant a search warrant authorizing a police officer not below the rank of inspector, together with any other police officers-

        (a) to enter the premises or place at any time within 1 month from the date of the warrant, if necessary by force;
        (b) to search the premises or place and any person found therein; and
        (c) to seize anything found on the premises or place or on any such person which the officer has reasonable ground for suspecting to be evidence of the commission of such an offence.
(2) A woman shall not be searched, in pursuance of a warrant granted under subsection (1), except by a woman.
(3) Notwithstanding anything contained in subsection (1)-
        (a) a warrant shall only be granted under subsection (1) in respect of an offence suspected to have been committed within the 3 months prior to the laying of the information thereof;
        (b) if a warrant under subsection (1) has been executed on any premises, the police officer who has conducted or directed the search shall-
          (i) notify the occupier that the search has taken place, and supply him on request with a list of any documents or other objects which have been removed from the premises; and
          (ii) where any documents have been removed from any other person, supply that person with a list of such documents;
        (c) anything seized under subsection (1) may be retained for a period not exceeding 1 month, or if within that period proceedings are commenced for an offence under section 7, until the conclusion of those proceedings; and
        (d) section 102 of the Criminal Procedure Ordinance (Cap 221) (which makes provision for the disposal of property connected with offences) shall apply to property which has come into the possession of the police under this section as it applies to property which has come into the possession of the police in the circumstances mentioned in that section.
[cf. 1934 c. 56 s. 2(2) U.K.]