THE HONG KONG GOVERNMENT GAZETTE, MARCH 31, 1939.
detection
24 & 25 Geo. 5,
3.-(1) If any person, with intent to commit or to aid, Prevention abet, counsel or procure the commission of an offence under and section 2 of this Ordinance, has in his possession or under his of offences. control any document of such a nature that the dissemination of copies thereof among members of His Majesty's forces, or of the forces, corps, or reserves mentioned in section 2, would constitute such an offence, he shall be guilty of an offence under this Ordinance.
(2) If a magistrate is satisfied by information on oath that there is reasonable ground for suspecting that an offence under this Ordinance has been committed, and that evidence of the commission thereof is to be found at any premises or place specified in the information, he may on an application made by a police officer, grant a search warrant authorizing any such officer as aforesaid named in the warrant to enter the premises or place, with such assistance as may be necessary, and if necessary by force, and to search the premises or place and every person found therein, and to seize anything found on the premises or place or on any such person which the officer has reasonable ground for suspecting to be evidence of the commission of such an offence as aforesaid.
(3) No woman shall, in pursuance of a warrant issued under the last foregoing sub-section, be searched except by
a woman.
c. 56, s. 2.
24 & 25 Geo.
4.-(1) A person guilty of an offence under this Ordin- Penalty. ance shall be liable, on conviction on indictment, to imprison- 5, c. 56, ment for a term not exceeding two years and to a fine not s. 3 (1) and exceeding $2,500, or on summary conviction to imprisonment (4). for a term not exceeding four months and to a fine not exceeding $250.
(2) Where any person is convicted of an offence under this Ordinance, the Court dealing with the case may order any documents connected with the offence to be destroyed or dealt with in such other manner as may be specified in the order, but no documents shall be destroyed before the expiration of the period within which an appeal may be lodged, and if an appeal is lodged no document shall be destroved until after the appeal has been heard and decided.
5. No prosecution under this Ordinance shall take place Legal without the consent of the Attorney General, who shall decide 24 & 25 Geo. proceedings. whether the magistrate having cognizance of the case shall deal 5, c. 56, with it summarily or as a case for committal for trial on
s. 3 (2) and indictment.
(3).
Passed the Legislative Council of Kong Hong, this 30th day of March, 1939,
B. C. K. HAWKINS,
Deputy Clerk of Councils.
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