Page:Unsolicited Electronic Messages Ordinance (Cap. 593).pdf/35

(4) Where the Authority or an authorized officer arrests a person under subsection (1)(a), he shall, without delay, take the person to a police station to be dealt with there in accordance with the Police Force Ordinance (Cap. 232) or deliver him into the custody of a police officer for that purpose.

(5) The Authority or an authorized officer may call upon police officers or other public officers to assist him in the performance of any function under this section.

(6) This section is without prejudice to any powers of arrest, entry and search conferred on police officers under any other enactment or rule of law.

41. Power of magistrate to issue search warrant

(1) Where a magistrate is satisfied by information on oath that there are reasonable grounds for suspecting that there is, or is likely to be, in or on any premises or place any telecommunications device or other thing that is or that contains, or that is likely to be or to contain, evidence of the commission of a specified offence, the magistrate may issue a warrant authorizing the Authority or an authorized officer to enter and search the premises or place.

(2) Where the Authority or an authorized officer enters any premises or place under a warrant issued under subsection (1), he shall, on request, produce the warrant and evidence of his identity for inspection by any person found in or on the premises or place.

42. Obstruction of Authority, authorized officers, etc.

(1) Without prejudice to any other Ordinance, a person who—

(a) wilfully obstructs the Authority or an authorized officer in the performance of his functions under section 40 (powers of entry, search, arrest, etc.);

(b) wilfully fails to comply with any requirement properly made to him by the Authority or an authorized officer under that section; or

(c) without reasonable excuse, fails to give the Authority or an authorized officer any other assistance that he may reasonably require to be given for the purpose of performing his functions under that section,

commits an offence and is liable on summary conviction to a fine at level 3 and to imprisonment for 6 months.