act or omission on his part, he was not aware that the offence was being or was intended or about to be committed, or that he took all reasonable steps to prevent its commission.
Proof of lawful authority or excuse.
(Cap. 221.)
48. Section 65 of the Criminal Procedure Ordinance (whereby the proof of lawful or reasonable authority or purpose or excuse shall lie upon the person charged with the offence) shall apply to all proceedings for any offence under this Ordinance in any court.
Power of entry and search, etc. 49. (1) Without prejudice to any other provision of this Ordinance, any police officer of or above the rank of inspector, with the assistance of such other police officers as may be necessary, may—
- (a) enter and search any premises or place whatsoever if he knows or has reason to suspect that an offence under this Ordinance is being or has been committed therein or that there is therein any evidence of the commission of an offence under this Ordinance;
- (b) search any person found in any premises or place which he is empowered to enter and search under paragraph (a);
- (c) stop, board and search any vessel or stop and search any motor vehicle or tramcar if he knows or has reason to suspect that there is therein any evidence of the commission of an offence under this Ordinance;
- (d) seize, remove and detain anything which is or contains or appears to him to be or to contain, or to be likely to be or to contain, evidence of the commission of an offence under this Ordinance.
(2) Any police officer may use such force as may be necessary for the exercise of the powers conferred by subsection (1), and any person found in any premises or place, or in any vessel, vehicle or tramcar, may be detained by any police officer until the same has been searched under subsection (1).
(3) Any police officer may, using such force as may be necessary, enter any premises or place whatsoever if he knows or has reason to suspect that—
- (a) any person who has lately been in an unlawful assembly, a riot or an intimidating assembly, or engaged in any unlawful purpose, has escaped into such premises of place; or
- (b) persons about to commit a breach of the peace are assembled therein.
