THE HONG KONG GOVERNMENT GAZETTE, JUNE 25, 1940.
(3) In any proceedings arising out of a contravention of sub-paragraph (a) of paragraph (2) of this regulation, it shall be a defence for the defendant to prove that at the date of the contravention application had been made by him (for the first time) for the necessary permit in relation to the pigeons in respect of which the proceedings are taken, and that the application was still pending at that date.
(4) With a view to the enforcement of this regulation, any officer of police may liberate any pigeons found by him at any place, and may enter any premises for the purpose of exercising his powers under this paragraph.
(5) Whenever any person finds dead or unable to fly a racing pigeon or homing pigeon to which there is attached any article which he has reasonable cause to believe to be a means of identifying the pigeon or of communicating infor- mation, he shall forthwith cause the pigeon to be delivered to some member of His Majesty's forces or any officer of police:
Provided that nothing in this paragraph shall impose any obligation in respect of a pigeon upon any person, or the servant or agent of any person, who is entitled to have that pigeon in his possession or under his control by virtue of a permit granted under paragraph (2) of this regulation.
secret com-
12.--(1) Subject to the provisions of this regulation no Means of person shall, except with permission granted by the Governor, secreation. knowingly have in his possession, or knowingly send by post or otherwise to any destination, whether within or outside this Colony-
(a) any instructions for utilizing any means of secretly conveying, receiving or recording information,
(b) any substance or article manufactured or designed for the purpose of secretly conveying, receiving or recording information, or
(e) any document or other article secretly conveying or recording any information.
(2) Any person who has in his possession any such in- structions as are mentioned in sub-paragraph (a) of paragraph (1) of this regulation shall, if requested by or on behalf of the Governor so to do, deliver up those instructions to such authority or person as may be specified in the request.
(3) Any person who has in his possession, in contraven- tion of this regulation, any substance or article manufactured or designed for the purpose of secretly conveying, receiving or recording information shall, if requested by or on behalf of the Governor so to do, deliver up that substance or article to such authority or person as may be specified in the request.
(4) Nothing in paragraphs (2) and (3) of this regulation shall be taken to prevent the prosecution of any person in respect of a contravention of paragraph (1) of this regulation.
(5) In this regulation the expression "instructions for utilizing any means of secretly conveying, receiving or recording information includes any code or cipher, but paragraph (1) of this regulation shall not apply-
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