THE HONG KONG GOVERNMENT GAZETTE, SEPTEMBER 18, 1939.
of this regulation in respect of the article, until the final determination of those proceedings; and any article retained by virtue of this regulation is hereafter in this regulation referred to as a retained article.'
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(2) Where proceedings are taken in respect of a war offence, being proceedings in which a retained article is, or can properly be, adduced in evidence, the court or magistrate by or before which or whom the alleged offender is tried may make an order--
OF
(a) authorizing the destruction or disposal of the article,
(b) authorizing the further retention of the article until such date as may be specified in the order;
and any such order authorizing the destruction of a document may be made so as to extend to all copies of that document which at the time of the making of the order are in, or which subsequently come into, the possession of an executive authority in any part of this Colony.
(3) Without prejudice to the operation of paragraph (2) of this regulation, a magistrate upon complaint made in respect of a retained article by an executive authority, may, after giving to the person (if any) claiming, or appearing to the magistrate to be, the owner of the article an opportunity of being heard, make such an order in respect of the article as is authorized by paragraph (2) of this regulation.
(4) A magistrate shall not make an order under this regulation unless he is satisfied that it is necessary so to do in the interests of public safety, defence or the efficient prosecution of the war.
(5) Where an order is made under this regulation authorizing the further retention of an article, paragraph (1) of this regulation shall, in relation to that article, have effect as if the period first mentioned in that paragraph were a period ending on the date until which the article is authorized by the order to be retained; and the making by a magistrate of such an order in respect of any article shall not be taken to preclude him or any other magistrate or the Supreme Court from subsequently exercising, in relation to that article, any jurisdiction conferred on such court or magistrate by para- graph (2) or paragraph (3) of this regulation.
(6) Where, in the course of any proceedings for an offence, an order is made under paragraph (2) of this regula- tion, the court hearing any appeal in the matter of those proceedings may vary or annul the order,
(7) Where an order is made under paragraph (3) of this regulation, any person aggrieved by the order who appeared on the hearing of the application in relation to which the order is made may appeal against the order to the Supreme Court, and for the purposes of this paragraph and of the cnactments relating to such an appeal, a refusal to make an order shall be deemed to be an order.
(8) Where an order is made under this regulation authorizing the destruction or disposal of an article, the article shall not be destroyed or disposed of, as the case may be, until the final determination of the proceedings in which the order is made.
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