(4) 本條並不減損或在其他方面影響《刑事訴訟程序條例》(第221章) 第9K條所賦予的逮捕權力。
(4) Nothing in this section shall derogate from or otherwise affect the powers of arrest conferred by section 9K of the Criminal Procedure Ordinance (Cap 221).
(1) 凡某裁判官在事務隊成員宣誓後,覺得有理由相信在任何地方有 任何是或載有某些證據的東西,而該證據可能需用於就本條例所訂罪行或 表列罪行而進行的法律程序的,或該東西是有人完全或部分藉以或就其已 犯或即將犯任何該等罪行的,或該東西相當可能對調查該等罪行有價值( 不論就其本身或連同其他東西),該裁判官可藉交付事務隊成員的手令, 授權某些成員在合理所需的協助下,進入手令上指明的地方,並搜查、檢 驗與查看,以及檢取、帶走和扣留該東西。
" (1) Where it appears to a magistrate upon the oath of a member of the Service that there is reason to believe that there is in any place any thing which is or contains evidence which may be required in proceedings for an offence under this Ordinance or for a scheduled offence, or wholly or partly by means of which or in relation to which any such offence has been or is about to be committed, or which is likely to be of value (whether by itself or together with anything else) to any investigation into any such offence, the magistrate may, by warrant delivered to a member of the Service, authorize such member, with such assistance as may be reasonably necessary, to enter the place specified in the warrant and to search for, examine and inspect, and seize, remove and detain any such thing."
(2) 在根據第(1)款進入任何地方前,事務隊成員如被要求時,須首先 ─
" (2) Before entering any place under subsection (1), a member of the Service shall, if so required, first-"
(a) 述明他尋求進入該地方的目的,並出示他的委任證以供查閱;及
(a) state the purposes for which he seeks such entry and produce for inspection his warrant card; and
(b) 出示擬進入該地方所依據的手令。
(b) produce the warrant pursuant to which the entry is proposed to be made.
為根據本條例實行進入或執行搜查,事務隊成員及任何應事務隊成員 的要求而協助他行事的人,在有需要時,可破啟任何外部或其他的門或窗 。
" For the purposes of effecting an entry or search under this Ordinance, a member of the Service and any person acting in his aid at the request of a member of the Service may, if necessary, break open any outer or other door or window."
(1) 事務隊成員如逮捕任何人,不論根據本條例條文或任何其他成文 法則的條文,可要求該人報出他的正確姓名並提供其身分的證據。 (由 1996年第53號第5條增補)
" (1) A member of the Service who arrests a person, whether under the provisions of this Ordinance or of any other enactment, may require the person to give his correct name and to produce evidence of identity. (Added 53 of 1996 s. 5)"
(2) 任何事務隊成員或警務人員,可替由事務隊成員逮捕的人拍攝照 片、套取指紋、量度體重及身體,不論該逮捕是否根據本條例條文或任何 其他成文法則的條文而作出:
" (2) Any member of the Service or any police officer may take the photograph, finger-prints, weight and measurements of any person who has been arrested by any such member, whether under the provisions of this Ordinance or of any other enactment: (Amended 53 of 1996 s. 5)"
但如該人在此之前不曾被定罪,並於其後獲釋或獲判無罪,則該等如 此拍攝的照片(包括底片及複本)、如此套取的指紋及量度的體重或身體紀 錄,須在合理的切實可行範圍內盡快予以毀滅,或如該人有此要求,則須 交付該人。 (由1996年第53號第5條修訂)
" Provided that, if any such person who has not previously been convicted is subsequently discharged or acquitted, any photograph (both negative and copies), finger-print impressions and records of weight or measurements so taken shall as soon as reasonably practicable be destroyed or, if the person prefers, delivered to that person. (Amended 53 of 1996 s. 5)"
本部賦予事務隊成員的權力,屬增補而非代替條例或其他法律賦予他 的任何其他權力(如有的話)。
" The powers conferred on a member of the Service by this Part are in addition to, and not in substitution for, any other powers, if any, conferred on him whether by Ordinance or otherwise."
現設立一項基金,名為“人民入境管理隊福利基金”,並由以下款項 集成─
" There shall be established a fund to be known as the ""Immigration Service Welfare Fund"" which shall consist of-"
(a) 任何向基金提供的捐款及自願捐助;
(a) such donations and voluntary contributions as may be made thereto;
(b) 由立法局批撥予基金的款項;及
(b) such sums as may be voted thereto by the Legislative Council; and
(c) 將人民入境管理隊福利基金或其任何部分投資而累算所得的屬股 息或利息形式的款項。
(c) such sums as may accrue by way of dividend or interest from the investment of the Immigration Service Welfare Fund or any part thereof.
入境事務隊福利基金須由處長在符合根據第22條訂立的規例下控制, 並須運用於以下用途─ (由1997第80號第104條修訂)
" The Immigration Service Welfare Fund shall, subject to such regulations as may be made under section 22, be controlled by the Director and applied to the following purposes-"
(a) 為事務隊成員或已退休並享有退休金、酬金或其他津貼的前事務 隊成員提供不得自公帑支付的舒適設備、便利或其他利益;
" (a) procuring for members of the Service or for former members who have retired on pension, gratuity or other allowance, comforts, convenience or other benefits not chargeable to public revenue;"
(b) 批給貸款予事務隊成員或已退休並享有退休金、酬金或其他津貼 的前事務隊成員; (由1978的36號第2條修訂)
" (b) granting loans to members of the Service or to former members who have retired on pension, gratuity or other allowance; (Amended 36 of 1978 s. 2)"
(c) 提供資助金予在已故事務隊成員或已退休並享有退休金、酬金或 其他津貼的已故前事務隊成員去世時完全或部分受其供養且在經濟上須予 援助的人,不論援助是用作支付該已故事務隊成員或已故前事務隊成員的 殯殮費或其他開支。 (由1978年第36號第2條增補)
" (c) making grants to persons who were wholly or partially dependent at the time of his death on a deceased member, or a deceased former member of the Service who had retired on pension, gratuity or other allowance, and who are in need of financial assistance, whether towards the payment of the funeral expenses of the deceased member or deceased for member or otherwise. (Added 36 of 1978 s. 2)"
任何人導致或作出任何作為刻意導致事務隊成員產生離叛情緒,或誘 使或作出任何作為刻意誘使任何事務隊成員不再提供服務或違犯紀律,即 屬犯罪,一經循簡易程序定罪,可處第1級罰款及監禁2年。
" Any person who causes, or does any act calculated to cause, disaffection amongst the members of the Service or induces, or does any act calculated to induce, any member of the Service to withhold his services or to commit breaches of discipline shall be guilty of an offence and shall be liable on summary conviction to a fine at level 1 and to imprisonment for 2 years."
(a) 向事務隊成員作出或致使他向事務隊成員作出有罪行發生的虛假 報告;或
(a) makes or causes to be made to any member of the Service a false report of the commission of any offence; or
(b) 提供虛假資料或作出虛假的陳述或指控,以誤導事務隊成員,
" (b) misleads any member of the Service by giving false information or by making false statements or accusations,"
任何人如對為執行職責而行事的事務隊成員予以襲擊、抗拒或阻撓, 或協助或煽動他人對該等事務隊成員予襲擊、抗拒或阻撓,即屬犯罪,一 經循簡易程序定罪,可處第1級罰款及監禁6個月。
" Any person who assaults, resists or obstructs any member of the Service acting in the execution of his duty, or aids or incites any person to assault, resist or obstruct any such member of the Service, shall be guilty of an offence and shall be liable on summary conviction to a fine at level 1 and to imprisonment for 6 months."
任何人違反第11條的條文,即屬犯罪,一經循簡易程序定罪,可處第1 級罰款,而將該人定罪的法庭,更可命令他向政府繳付一筆為數不超逾該 財產價值的款額。
" Any person who contravenes the provisions of section 11 shall be guilty of an offence and shall be liable on summary conviction to a fine at level 1 and may, in addition, be ordered by the court before which he is convicted to pay to the Government any sum not exceeding an amount equal to the value of the property."
任何人如非事務隊成員,未經處長准許而穿事務隊的制服或穿著任 何具有該制服的外觀或附有該制服的特殊標誌的服裝,即屬犯罪,一經循 簡易程序定罪,可處第1級罰款。
" If any person who is not a member of the Service wears, without the permission of the Director, the uniform of the Service or any dress having the appearance, or bearing any of the distinctive marks, of that uniform, he shall be guilty of an offence and shall be liable on summary conviction to a fine at level 1."