1967 Ed.]
Emergency (Principal) Regulations.
[CAP. 241
P 19
[Subsidiary]
time as it was in his possession, custody or control such apparatus or article was not intended to be used and was never in fact used, whether alone or in conjunction with any other article, as a wireless transmitting apparatus or for facilitating wireless transmission.
(4) If upon such charge as aforesaid-
(a) the magistrate acquits the defendant he may nevertheless order that any suspected apparatus or article which he is satisfied is readily adaptable for use, whether alone or in conjunction with another apparatus or article, as a wireless transmitter shall remain in the custody of the competent authority during such period as paragraph (2) may remain in force; or
(b) the magistrate convicts the defendant the suspected apparatus or article shall be forfeited to the Crown.
(5) Any authorized officer who has reason to suppose that any apparatus or article when examined by a competent authority will be declared by such authority to be a suspected apparatus or article may seize and hold the same, in the first instance, for the purpose of causing such examination to be made, and thereafter, if such apparatus or article becomes a suspected apparatus or article, for the purposes of paragraphs (2), (3) and (4) of this regulation.
(6) Nothing in the preceding paragraphs shall restrict the doing of anything by any servant of the Crown acting in the course of his duty as such, or apply in relation to any apparatus in respect of which there is in force a licence under the Telecommunication Ordinance, authorizing the use of the apparatus for transmission or in relation to any article forming part of any such apparatus; and in any proceedings taken by virtue of paragraph (1) against any person by reason of his having in his possession or under his control any article not forming part of any such apparatus, it shall be a defence for him to prove that at the material time he had the article in his possession or under his control for the purpose only of the operation of an apparatus in respect of which such a licence was then in force.
(7) In any proceedings arising out of a contravention of paragraph (1), 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 apparatus or article in respect of which the proceedings are taken, and that the application was still pending at that date.
(8) A competent authority may by order provide for prohibiting in certain circumstances, and otherwise for regulating, the use, sale and purchase of wireless transmitting, wireless receiving and radar apparatus; and if any apparatus is used in contravention of an order under this paragraph, then (without prejudice to any
(Cap. 106.)
G.N.A. 174/50.
G.N.A. 74/55.