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THE HONG KONG GOVERNMENT GAZETTE, JUNE 25, 1940.
Power to arrest with- out warrant.
Identifica- tion of
persons in custody.
Power to obtain in- formation.
(3) Every person who refuses or wilfully neglects to attend in obedience to a summons issued under this regula- tion, or to give evidence, or who wilfully alters, suppresses, conceals, destroys or refuses to produce any book or other document which he may be required to produce for the purpose of such an inquiry, shall be guilty of an offence against this regulation.
71. Any police constable, any member of His Majesty's forces acting in the course of his duty as such, and any person authorized by the Governor to act under this regulation may arrest without warrant any person whom he has reasonable ground for suspecting to have committed a war offence.
72.-(1) The Governor may make rules authorizing the taking, in relation to any person in custody whom the proper officer of police has reasonable grounds for suspecting to have committed a war offence, of all such steps as may be reason- ably necessary for photographing, measuring and otherwise identifying that person in such manner as may be prescribed by the rules.
(2) Rules made under this regulation shall make provi- sion for securing—
(a) that no photograph of a person taken in pursuance of the powers conferred by this regulation shall be published, except for the purpose of tracing that person, and that no copy of any such photograph shall be shown to any person except a person officially authorized to see it; and
(6) that all photographs (both negatives and copies), and all documents relating to the measurement and identification of any person taken or made in pursuance of the said powers shall, unless that person has been convicted of a war offence. be destroyed as soon as may be after the expiration of the Emergency Powers (Defence) Act, 1939.
(3) In this regulation. "the proper officer of police' means any officer of police being of a rank not lower than that of lance-sergeant, or being in charge of a police station.
73.-(1) Without prejudice to any special provisions contained in these regulations, any person shall, on being requested by or on behalf of a competent authority so to do, furnish or produce to such authority or person as may be specified in the request any such information or article in his possession as may be so specified, being information or an article which the competent authority considers it necessary or expedient in the interests of public safety, defence or the efficient prosecution of the war to obtain or examine; and if any person fails to furnish or produce any information or article in his possession in pursuance of a request duly made to him under this regulation he shall be guilty of an offence against this regulation,
(2) A prosecution in respect of an offence against this regulation shall not be instituted except by, or with the consent of, the Attorney General.