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THE HONG KONG GOVERNMENT GAZETTE, AUGUST 26, 1939.
Interference with tele- graphic com- munications.
Means of secret com- munication.
necessary permit in relation to the objects in respect of which the proceedings are taken, and that the application was still pending at that date.
(3) The competent authority may by order provide for prohibiting in certain circumstances, and otherwise for regulating, the use of wireless transmitting apparatus; and if any apparatus is used in contravention of an order under this paragraph, then (without prejudice to any proceedings which may be taken against any other person) the occupier of the premises on which the apparatus is situated, or, where the apparatus is on board any vessel or aircraft, the master of the vessel or the pilot of the aircraft, as the case may be, shall each be guilty of an offence against this regulation :
Provided that, in any proceedings which, by virtue of this paragraph, are taken against any person in respect of the use of any apparatus by some other person in contraven- tion of such an order, it shall be a defence for the defendant to prove that the apparatus was so used without his permission and that he exercised all due diligence to prevent any contra- vention of the order.
(4) An authorized officer may, in relation to any ship or aircraft, take such steps, and use such force, as may appear to that person to be reasonably necessary for securing com- pliance with any order under paragraph (2) of this regulation relating to the ship or aircraft, or, where a contravention of such an order has occurred in the case of the ship or aircraft, for enabling proceedings in respect of the contravention to be effectually taken.
(5) Notwithstanding anything in the Telecommunication Ordinance. 1936, the Governor in Council or the Governor, as the case may be, in his discretion may refuse to grant a licence under the said Ordinance and may revoke at any time a licence granted under that Ordinance.
8. No person shall knowingly-
(a) cause interference with the sending or receiving of communications by means of wireless telegraphy, wireless telephony or wireless television, or
(b) cause interference with, or intercept, telegraphic or telephonic communications made otherwise than by the said
means:
Provided that this regulation shall not apply to anything done by, or with the permission or under the direction of, any servant of His Majesty or police constable acting in the course of his duty as such.
12.--(1) Subject to the provisions of this regulation no person shall, except with permission granted by the Governor, 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 utilising 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
(c) any document or other article secretly conveying or recording any information.