Clause 20

This section applies where it appears to any police officer or any officer of the Postal Authority authorised to act for the Postal Authority under this section (called in this section the authorised officer) that —

an offence under section 39G is being committed or is about to be committed or attempted; or

any parcel is concealed, deposited or contained in or on any specified premises in contravention of section 39G.(2) The police officer or the authorised officer may, if the police officer or the authorised officer has reasonable grounds for believing that by reason of the delay in obtaining a search warrant the parcel is likely to be removed —

enter and search the specified premises;

take possession of any parcel or other article or thing, or take copies of or extracts from any book or document, which is reasonably believed to have a bearing on the case; and

arrest any person in the specified premises in whose possession the parcel, article or thing may be found or whom the police officer or the authorised officer reasonably suspects to have concealed or deposited the parcel, article or thing and may search any person so arrested, except that a woman must not be searched except by another woman.(3) Every person arrested under subsection (2)(c), and every article seized under subsection (2)(b), must be taken to a police station.(4) In this section —“document” has the meaning given by section 46(8);“specified premises” has the meaning given by section 23A.Powers of inspection, search, seizure, etc., in relation to public parcel lockers48B.—

This section applies where there are reasonable grounds to believe that any parcel or other article or thing is or has been placed in a public parcel locker and —

the parcel, article or thing is the subject matter of, or is connected with the commission of, an offence under this Act or any regulations made under this Act; or

the continued presence of the parcel, article or thing in the public parcel locker is contrary to public security or public health.(2) A police officer or an officer of the Postal Authority authorised to act for the Postal Authority under this section may —

open and search any public parcel locker in which a parcel, an article or a thing mentioned in subsection (1) is believed to be placed; and

inspect, examine and seize any parcel, article or thing found in the public parcel locker mentioned in paragraph (a).Disposal of letters or parcels seized in relation to offences under section 33 or 39G48C.—

Where any letter connected with an offence under section 33 is seized under section 48 or any other written law, the Postal Authority may take any action as it deems appropriate to deliver the letter to its intended addressee or return the letter to its sender.(2) Where any parcel connected with an offence under section 39G is seized under section 48A or any other written law, the Postal Authority may take any action as it deems appropriate to deliver the parcel to its intended recipient or return the parcel to the person who sent the parcel.(3) Subsection (1) or (2) applies whether upon the conclusion of the Postal Authority’s investigation into the offence or otherwise.Disposal of articles, documents, letters, parcels, etc.48D.—

Subject to sections 23(3) and (5), 23R(4) and 48C, an article, a document, a letter, a parcel or a thing produced, detained or seized under this Act must —

where the article, document, letter, parcel or thing is produced in any criminal trial — be dealt with in accordance with section 364(1) of the Criminal Procedure Code;

in the case of a letter or parcel that is not produced in a criminal trial — be delivered to its intended addressee or recipient or returned to its sender or reported to a Magistrate’s Court; or

in any other case — be returned to its owner or reported to a Magistrate’s Court.(2) Where the report of any article, document, letter, parcel or thing is made to a Magistrate’s Court under subsection (1)(b) or (c), the Magistrate’s Court may order the article, document, letter, parcel or thing, as the case may be —

to be forfeited; or

to be disposed of in any manner that the Magistrate’s Court thinks fit.(3) This section does not affect any right to retain or dispose of property which may exist in law apart from this section.”.