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Ord. No. 9/87
Procedure on hearing appeal.
Presumptions relating to publication.
Proof of certain
matters.
Search and
seizure under
warrant.
CONTROL OF OBSCENE AND INDECENT ARTICLES
(2) Where notice of appeal is given under subsection (1) the Registrar shall fix a date for the hearing of the appeal which shall not be later than 28 days after the giving of that notice; but if, in the opinion of the Registrar, it is not practicable for him to fix a date within that period he may fix a date not later than 56 days after the giving of that notice.
31. In the case of any appeal under section 30—
(a) the High Court may confirm the decision of the Tribunal or may order it to re-hear or re-open the proceedings to be determined in accordance with the point of law decided by it;
(b) the powers and duties of a High Court shall be exercised and performed by the Chief Justice or by such one of the judges as the Chief Justice shall from time to time appoint; and
(c) the High Court may make such order as to costs as it may think fit.
PART VII
ENFORCEMENT
32. For the purposes of this Ordinance, a person shall-
(a) be deemed to possess an article for publication if he possesses it with the intention of manufacturing or reproducing a copy of it for publication; and
(b) be presumed, until the contrary is proved, to possess an article for
publication if he possesses more than 2 copies of it.
33. (1) A document purporting to be under the hand of the Registrar certifying that-
(a) an article was at any time classified as a Class I, a Class II or a
Class III article;
(b) notice in accordance with section 19(2) was given in the manner and on the date specified in that document in respect of that article,
shall be admissible on its production and without further proof in any proceedings and such document shall be conclusive evidence of the facts contained in it unless it is proved that the document was not signed by the Registrar.
(2) A document purporting to be under the hand of a presiding magistrate stating a decision or determination of a Tribunal shall be admissible on its production and without further proof in any proceedings and such document shall be conclusive evidence of the facts contained in it unless it is proved that the document was not signed by a presiding magistrate.
34. (1) A magistrate may, if he is satisfied by information on oath that there is reasonable ground for suspecting that there is in or on any premises, place, vessel, aircraft or vehicle-
(a) any article in respect of which an offence under section 21 or 26 has
been or is being or is about to be committed; or
(b) anything which is, or contains, evidence of the commission of any
such offence,
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CONTROL OF OBSCENE AND INDECENT
Ord. No. 9/87
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ARTICLES
issue a warrant authorizing any person being a police officer or member of the Customs and Excise Service to enter such premises, place, vessel, aricraft or vehicle, and search for, seize, remove and detain any such article or thing.
(2) An authorized officer may---
(a) if he is a police officer, call on any member of the Customs and
Excise Service; or
(b) if he is a member of the Customs and Excise Service, call on any
police officer,
to assist him in the exercise of the powers conferred by this section.
(3) An authorized officer or an assisting officer may, at any time of the day or night-
(a) enter and search any premises or place named in the warrant; or (b) stop, board and search any vessel, aircraft or vehicle named in the
warrant.
(4) An authorized officer or an assisting officer may seize, remove and detain-
(a) any article in respect of which he reasonably suspects that an offence under section 23 or 28 has been or is being or is about to be committed; or
(b) anything whatever which he reasonably suspects to be, or to
contain, evidence of the commission of such an offence. (5) In this section-
"aircraft" does not include a military aircraft;
"vessel" does not include a ship of war or a ship having the status of a ship
of war.
35. An authorized officer or an assisting officer may in relation to his Ancillary powers under a warrant—
(a) use such force as is reasonably necessary to enter any premises or
place which he is empowered to enter and search;
(b) use such force as is reasonably necessary to stop, board, or search any vessel, aircraft or vehicle which he is empowered to stop, board and search;
(c) use such force as is reasonably necessary to remove any person or
thing obstructing him in the exercise of those powers;
(d) detain any person found in or on any premises, place, vessel, aircraft or vehicle which he is empowered to enter and search until it has been searched; and
(e) prevent any person from approaching, boarding or leaving any vessel, aircraft or vehicle which he is empowered to enter and search until it has been searched.
powers of officers under
warrant.
36. In addition to any power he may have under section 34, any Seizure by member of the Customs and Excise Service may seize, remove and detain- member of
(a) any article in respect of which he reasonably suspects that an offence under section 21(1)(c) or 26(c) has been or is being or is about to be committed; and
Customs and Excise Service.
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