Hong Kong Ordinances

HUMAN REPRODUCTIVE TECHNOLOGY ORDINANCE - SECT 38

Power of authorized persons to enter premises

(1) A magistrate may issue a warrant under this section if satisfied by
information upon oath by an authorized person that there are reasonable
grounds for believing that an offence against this Ordinance is being, or has
been, committed on any premises, and whether or not a licence relates to those
premises.

(2) A warrant under this section shall authorize any named authorized person,
together with such assistants as may be necessary-

   (a)  to enter the premises specified in the warrant, using such force as is
        reasonably necessary for the purpose; and

   (b)  to search the premises and-

        (i)    take possession of anything which he has reasonable grounds to
               believe may be required to be used in evidence in any
               proceedings for an offence against this Ordinance; or

        (ii)   take such steps as appear to be necessary for preserving any
               such thing or preventing interference with it, including
               requiring any person having the power to do so to give such
               assistance as may reasonably be required.

(3) A warrant under this section shall continue in force until the end of the
period of 30 days beginning with the day on which it is issued.

(4) Anything of which possession is taken under this section may be retained-

   (a)  for a period of 6 months; or

   (b)  if within that period proceedings to which the thing is relevant are
        commenced against any person for an offence against this Ordinance,
        until the conclusion of those proceedings.

(5) In this section-

   (a)  the references to things include information recorded in any form; and

   (b)  the reference in subsection (2)(b)(i) to taking possession of anything
        includes, in the case of information recorded otherwise than in
        legible form, requiring any person having the power to do so to
        produce a copy of the information in legible form and taking
        possession of the copy.

(6) Without prejudice to the generality of section 11(2), where an
authorized person, pursuant to a warrant issued under this section, exercises
his power under subsection (2) in respect of the premises specified in the
warrant, he shall produce the warrant for inspection by any person found in
those premises who questions his authority to exercise that power in respect
of those premises.

(7) This section shall not operate to prejudice the generality of section 37.