P 66
[Subsidiary]
(Cap: 227.)
(Cap. 221)
CAP. 241] Emergency (Principal) Regulations.
[1967 Ed.
(a) authorizing the destruction or disposal of the article; or
(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 the Colony.
(3) Without prejudice to the operation of paragraph (2), 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 such paragraph (2).
(4) A magistrate shall not make an order under this regulation unless he is satisfied that it is necessary or expedient so to do in the public interest.
(5) Where an order is made under this regulation authorizing the further retention of an article, paragraph (1) 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 paragraph (2) or (3).
(6) Where, in the course of any proceedings for an offence, an order is made under paragraph (2), 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), 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 enactments 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 proceeding in which the order is made.
(9) Subject to the preceding provisions of this regulation, section 8 of the Magistrates Ordinance shall apply to any article coming into the possession of an executive authority which the authority has reasonable ground for believing to be evidence of...