A48
Ord. No. 9/87
CONTROL OF OBSCENE AND INDECENT
ARTICLES
CONTROL OF OBSCENE AND INDECENT ARTICLES
Ord. No. 9/87
A49
Detained article
to be taken before
magistrate.
Obstruction.
Liability to forfeiture.
Order for forfeiture.
(b) anything whatever which he reasonably suspects to be, or
contain, evidence of the commission of such an offence.
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37. Any article or thing which has been detained under section 34 or 36 and is liable to forfeiture under section 39 shall, as soon as practicable after that detention, be taken before a magistrate to be dealt with in accordance with this Part; but this section shall not apply in the case of any article which is the subject of a charge under Part IV.
38. Any person who—
(a) obstructs an authorized officer or an assisting officer in the exercise
of any power conferred by this Ordinance; or
(b) fails to comply with any reasonable requirement, direction or demand given or made by an authorized officer or an assisting officer in the execution of the warrant,
commits an offence and is liable to a fine of $10,000 and to imprisonment for 6 months.
39. (1) Any article which is--
(a) obscene; or
(b) classified, other than by virtue only of an interim classification, as
a Class III article,
shall be liable to forfeiture.
(2) Subject to subsection (3),
any
(a) machinery or apparatus used for projecting or showing; or
(b) machinery, plate, implement, utensil, photographic film or
material used for the purpose of printing copies of,
any article mentioned in subsection (1) shall be liable to forfeiture.
(3) Where an article submitted under section 13(1) is classified as a Class III article, nothing mentioned in subsection (2)(b) shall be liable to forfeiture under this section by reason only that it was used to print, manufacture or reproduce that article or copies of that article for the purpose of that submission.
40. (1) Subject to subsection (2) and section 41, where an application is made to a magistrate for an order for forfeiture—
(a) he shall, in the case of an article that is before him and is liable to
forfeiture under section 39(1), order it to be forfeited;
(b) he may, in the case of a thing that is before him and is liable to
forfeiture under section 39(2), order it to be forfeited.
(2) An order for forfeiture shall not be made under subsection (1) if any ground of defence under section 21(2)(b), (c), (d) or (e), or section 28 in respect of the publication of an article is proved.
(3) An order for forfeiture of an article or thing may be made under subsection (1) notwithstanding that no person is convicted of any offence in connexion with that article or thing.
(4) Any article or thing which is ordered to be forfeited under subsection (1) shall be disposed of in such manner as the magistrate shall direct.
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41. (1) Subject to subsections (3) and (4), before making an order for feiture of any article or thing under section 40 the magistrate shall issue a
summons to-
(a) the occupier of any premises or, in the case of a stall, the owner of
the stall, in or from which the article or thing was seized;
(b) the owner of any vessel, aircraft or vehicle in or from which the
article or thing was seized;
(c) the owner of the article or thing seized,
to appear on a day specified in the summons to show cause why the article or thing should not be forfeited.
(2) In addition to any person mentioned in subsection (1), any other person being the author or manufacturer of any article seized or a person into whose hands any such article may have passed before seizure, or a person who has an interest in any article or thing seized, may appear before the magistrate on the day specified in the summons to show cause why the article or thing should not be forfeited.
(3) If the magistrate is satisfied that any person specified in subsection (1) cannot for any reason be found or ascertained, he may dispense with the issue of a summons to that person.
(4) If any summons issued under subsection (1) has not for any reason been served and the magistrate is satisfied that all reasonable efforts were made to serve the summons on the person named in the summons he may make an order of forfeiture under section 40 notwithstanding that the summons was not served and that the person named in the summons is not given an opportunity to show cause why the article or thing should not be forfeited.
(5) An order for forfeiture of any article shall, unless the magistrate considers that there are special reasons for directing otherwise, apply to the whole of the article.
(6) In this section “owner”-
(a) in the case of a stall includes any occupier of that stall;
(b) in the case of a vessel includes any charterer and the master of that
vessel;
(c) in the case of an aircraft includes any operator of that aircraft; and
(d) in the case of a vehicle includes the driver of that vehicle.
Procedure in relation to
forfeiture.
42. (1) Subject to subsection (2) and section 43, if, upon the applica- Obliteration of tion of any public officer, a magistrate is satisfied that any indecent matter is indecent publicly displayed on any building or other structure he may order the matter. owner of the building or structure to remove or efface that indecent matter.
(2) An order shall not be made under subsection (1) if the ground of defence under section 28 is proved in respect of the public display of any
matter.
(3) If a person against whom an order is made under subsection (1) fails to comply with the order within the time specified in the order, or if no time is specified, within a reasonable time, the magistrate may by warrant empower any police officer, with such assistance as may be necessary, to enter and if necessary to break into or forcibly enter such premises or place and execute that order.