ammunition
etc. within the
harboura
and
Lerritorial
waters of the Colony.
Powers to
stop and search
vehicles
including railway vehicles and tramways.
THE HONG KONG GOVERNMENT GAZETTE.
(2) For the purposes of this regulation any pier, quay, or wharf and any
godown in the immediate vicinity of any such pier, quay or wharf or of
any harbour shall be deemed to be a place within the harbour.
64. (1) No restriction imposed by any enactment in relation to the
harbours and territorial waters of the Colony shall apply- (a) to the
shipping, unshipping, handling, storage or conveyance of ammunition,
explosives or inflammable sub- stances in the service of His Majesty or
under instructions given by the Governor; or
(b) to the conveyance of ammunition, explosives. or inflamable
substances in any vessel in the public interest ; but the Governor may
by order make such provision as appears to him to be required in the
interests of safety for regulating the shipping, unshipping, handling,
storage and conveyance of am munition, explosives and inflamable
substances as aforesaid in any such area.
(2) Any reference in this regulation to shipping or to unshipping shall
be construed as including a reference to putting on board seaplanes or
to unloading from seaplanes, as the case may be.
65. (1) The person driving, or in control of, any road vehicle in
motion or any vessel in motion on water to which the public have access
or on any inland navigation shall stop the vehicle or vessel on being
required so to do by any police officer or by any member of His
Majesty's regular forces, or of any local naval, military or air force,
corps or reserve being in uniform.
(2) If-
(4) as respects any road vehicle being on a public highway or in a place
to which the public have access; or
(b) as respects any vessel being in the territorial waters of the
Colony; or
(c) upon the overtaking of a road vehicle or vessel on any occasion on
which the person driving, or in control of the vehicle or vessel has
been lawfully required to stop it but has failed to do so, any police
officer or member of His Majesty's regular forces, or of any local
naval, military or air force, corps or reserve has reasonable ground for
suspecting that there is to be found in the vehicle or vessel evidence
of the com- mission of an offence against these regulations, he may
search the vehicle or vessel and may seize any article found therein
30
SUPPLEMENT No. 2. DECEMBER 25,′′ 1949.
which he has reasonable ground for believing to be evidence of the
commission of any such offence. The powers conferred by this
sub-regulation shall be in addition to, and not in derogation of, the
powers conferred by any other of these regulations.
(3) In this regulation "road vehicle" means any vehicle. designed or
adapted for use on roads or rails,
(4) If any person having the command of any vehicle or vessel fails to
stop the same forthwith when called upon orally or by signal or by any
other means whatsoever he shall be guilty of an offence against these
regulations.
PART VI.
Possession or control of property, undertaking or employment.
of land.
799
66. (1) A competent authority if it appears to that authority Taking to
be necessary or expedient in the public interest may take or
[EYNSONANTON authorize in writing the taking of possession of any land
and may give such directions as appear to be necessary for the taking
and maintaining possession of such land and for the eviction therefrom
of any person who is, enters or remains thereon with- out the consent of
the competent authority,
(2) Without prejudice to the generality of the fore- going such
directions may authorize any police officer to break open, enter
forcibly and remain on any land the taking posses- sion of which has
been authorized by the competent authority and to evict forcibly from
such land any persons that the com- petent authority may specify or any
persons other than such persons as the competent authority may specify.
(3) Whether or not any specified direction has been given under the
preceding sub-regulation a police officer may take such steps and use
such force as appears to him to be reasonably necessary for securing
compliance with any direction given under sub-regulation (1).
(4) While any land is in the possession of a competent. authority by
virtue of this regulation, the land may, notwith- standing any
restriction imposed on the use thereof (whether by any Ordinance or
other instrument or otherwise), be used by, or under the authority of,
the competent authority in the public interest, and the competent
authority, so far as appears to it to be necessary or expedient in
connection with the taking of possession or use of the land in pursuance
of this sub-regulation-
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800
Requisition
28
THE HONG KONG GOVERNMENT GAZETTE.
(a) may do, or authorize persons using the land as aforesaid to do, in
relation to the land, anything which any person having an interest in
the land would be entitled to do by virtue of that interest; and
(b) may by order provide for prohibiting or res- tricting the exercise
of rights of way over the land, and of other rights relating thereto
which are enjoyed by any person, whether by virtue of an interest in
land or otherwise.
(5) The owner or occupier of any land shail, if requested by
or on behalf of a competent authority so to do, furnish to such
authority or person as may be specified in the request such information
in his possession relating to the land (being informa- tion which may
reasonably be demanded of him in connection with the execution of this
regulation) as may be so specified.
(6) A competent authority may, to such extent and subject to
such restriction as it thinks proper, delegate all or any of its
functions under this regulation to any specified person or class of
person.
67. (1) In this regulation the term
"chattel" includes any of property substance, vehicle or animal and any
launch, lighter, boat or other other than land. small craft, and any
ship, vessel or aircraft but does not include currency, gold securities
or negotiable instruments.
(2) A competent authority may, if it appears to him to be necessary or
expedient so to do in the public interest, requisition any chattel, and
may give such directions as appear to him to be necessary or expedient
in connection with the requisition. Any person contravening any such
direction shall be guilty of an offence against these regulations.
(3) Where any chattel is requisitioned, under this regulation, a
competent authority may use or deal with or authorize the use or dealing
with the chattel for such purposes and in such manner as he thinks
expedient in the public interest, and may hold, or sell or otherwise
dispose of, the chattel as if he were the owner thereof and as if the
chattel were free from any mortgage, pledge, lien or other similar
obligation, and, in a case where the chattel requisitioned is a vehicle,
vessel, excavator, crane or agricultural machinery, may acquire it by
serving on the owner thereof a notice stating that he has acquired it in
pursuance of this regulation. When a notice of acquisition has been
served, then, at the beginning of the day on which the notice is served-
30
SUPPLEMENT No. 2, DECEMBER 25, 1949.
(a) the vehicle, vessel, excavator, crane or agicultural machinery shall
vest in the Government of Hong Kong free from any mortgage, pledge, lien
or other similar obligation; and
(b) the period of the requisition thereof shall end. (4) In any case in
which the chattel requisitioned is a chattel other than a vehicle,
vessel, excavator, crane or agricultural machinery such chattel shall as
soon as possession thereof is taken in pursuance of this regulation,
vest in the Government of Hong Kong free from any mortgage, pledge, lien
or other similar obligation.
(5) Where the competent authority has issued his requisition in respect
of any chattel,such chattel shall be furnished by the owner and the
person having the possession, custody or control thereof to the
competent authority or to such persons as he shall appoint for the
purpose forthwith or (if such is the case) within such period as may be
mentioned in the requisition. On any refusal or neglect to furnish such
property in manner afore- said, then the competent authority or others
authorized by him in that behalf may seize (and if need be may enter
premises by force for the purpose) the property requisitioned and may
use the same in like manner as if it had been furnished in pursuance of
the requisition. Payment for the same shall nevertheless be made in like
manner as if the property had been duly furnished accord- ing to the
requisition provided that the property specified in the requisition
shall not be deemed to have been furnished except in so far as
possession is taken by or by the direction of the competent authority.
(6) Where the Accountant-General is satisfied that any vehicle in
respect of which a licence to keep has been granted has, in exercise of
the powers conferred by this regulation, been acquired before the
expiration of the period of the validity of such licence, the Accountant
General may authorize the refund to the person who at the date of such
acquisition was the owner of the vehicle of a proportionate part of the
fee paid for such licence in respect of such part of the period of its
validity as remained unexpired at the date aforesaid, if a claim for
such refund is made to him in writing by such person not later than
three months after the date when such vehicle was acquired as aforesaid.
801
Power to
68. (1) Any authorized officer and any person acting under the special
authority of a competent authority may, in the public do work on
land. interest, do any work on any land or place anything in or over any
land.
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802
Use of land by His Majesty's forces and police.
Power to require storing,
THE HONG KONG GOVERNMENT GAZETTE.
(2) A competent authority, if it appears to him to be
necessary or expedient so to do in the public interest, may by order
provide for prohibiting or restricting the doing on any particular land
of any such work as may be specified in the order.
(3) No person, other than an authorized officer, or any person acting
under the special authority of a competent authority, shall, except with
permission granted by or on behalf of a com- petent authority remove,
alter or tamper with any work done or retained, or anything placed or
retained in, on or over, any land in pursuance of this regulation.
(4) Any person who contravenes any provision of this regulation, or any
order or direction thereunder, shall be guilty of an offence against
these regulations,
(5) For the purposes of this regulation, the doing or
retaining of work shall, in relation to any land, be deemed to include
the demolition, pulling down, destruction or rendering useless of
anything placed in, on or over the land and the removal from the land of
anything so placed, demolished or pulled down,
69, (1) Without prejudice to any other of these regulations, the
Governor may by order authorize, subject to any restrictions or
conditions imposed by the order, the use of any land specified
therein for naval, military, air force or police force purposes, as the
case may be, during such period as may be specified in the order; and
any such order may, so far as appears to the Governor to be necessary or
expedient for the purposes thereof, provide
(4) for entitling persons using any land in pursuance of
the order to do such acts in relation to diat land as may be specified
in the order; and
(b) for prohibiting or restricting the exercise of rights of
way over that land, and of other rights relating thereto which are
enjoyed by any person, whether by virtue of an interest in land or
otherwise.
(2) Any person who contravenes any order made under this regulation
shall be guility of an offence against these regulations.
70. (1) The Governor may by order require any person who carries on the
business of storing, cooling, transporting or cooling etc., distributing
goods of any description to afford similar services in relation to the
storage, cooling, transport or distribution of goods
services.
SUPPLEMENT No. 2, DECEMBER 28, 1949.
for the purpose of any of His Majesty's regular forces, or locat naval,
military or air force, corps or reserve, or the police force or any
essential services.
(4) Any person who contravenes any order made under this regulation
shall be guilty of an offence against these regulations.
803
water and
71. (1) The Governor may by order require any company, Power to
authority or person supplying or authorized to supply water, require
light, heat or power, to supply water, light, heat or power to power any
building, premises or camp belonging to or used for the services.
purposes of any of His Majesty's regular forces or local naval, military
or air force, corps or reserve, or the police force or any essential
services and to carry out such work and render such services in
connection with such supply as may be directed by the Governor.
(2) Any person who contravenes any order made, under this regulation
shall be guilty of an offence against these regulations.
industry.
72. (1) A competent authority, so far as appears to that General
authority to be necessary in the public interest may, subject to control
of any general or special instructions of the Governor, by order
provide-
(a) for regulating or prohibiting the production, treatment, keeping,
storage, movement, transport, distribution, disposal, acquisition, use
or consumption of articles of any description, and, in particular, for
controlling the prices at which such articles may be sold;
(b) for regulating the carrying on uf any undertaking engaged in
essential work, and, in particular, for controlling the charges which
may be made by the undertakers in respect of the doing of any work by
them;
(c) for requiring persons carrying Ch any undertaking to keep such
books, accounts and records relating to the undertaking as may be
prescribed by or under the order ;
(d) for requiring persons carrying on, sir employed
in connexion with, any undertaking, to produce in such manner and to
such person, as may be mentioned in such order or otherwise prescribed
such books, accounts or other documents relating to the undertaking or
to furnish to him such estimates, returns or information relating to the
undertaking as may be mentioned in such order or otherwise prescribed;
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804
THE HONG KONG GOVERNMENT GAZETTE.
(e) for any incidental and supplementary matters for which
the competent authority thinks it expedient for the purposes of the
order to provide, including, in particular, the entering and inspection
of premises to which the order relates by persons authorized in that
behalf by the competent authority with a view to securing compliance
with the order;
and an order under this regulation may prohibit the doing of anything
regulated by the order except under the authority of a licence granted
by such authority or person as may be specified in the order, and may be
made so as to apply either to persons or undertakings generally or to
any particular person or under- takings generally or to any particular
person or undertaking or class of persons or undertakings, and either to
the whole or to any part of any undertakings, and so as to have effect
either throughout the Colony or in any particular area therein.
(2) A competent authority may, if it appears to that authority to be
necessary so to do in the public interest, make or give as respects any
undertaking all or any orders or directions which might have been made
or given under paragraph (a) of sub-regulation (1) of regulation 73 by
an authority which is a competent authority for the purposes of this
regulation, if the undertaking had been a production or distribution
undertaking and had been declared under that sub-regulation to be a
controlled undertaking and paragraphs (b) and (c) of that sub-regulation
shall apply accordingly.
(3) Where the right to make charges in connexion with the carrying on of
any undertaking with respect to which an order may be made under this
regulation is limited by law, any order so made in relation to that
undertaking may authorize the under- takers to make in that connexion
charges in excess of, or in addition to, or otherwise varying from,
those which they would otherwise be authorized to make.
(4) A competent authority, if it appears to that authority to
be necessary so to do in the public interest, may, subject to any
general or special instructions of the Governor, carry on the whole or
any part of any existing undertaking, or authorize a person to carry on
the whole or any part of any existing under- taking, in accordance with
any instructions of the competent authority; and while by virtue of this
sub-regulation a competent authority or a person so authorized is
carrying on the whole or any part of an undertaking-
SUPPLEMENT No. 2, DECEMBER 28, 1949,
(a) the said authority or person shall be deemed
to be acting as the agent of the undertakers, except that the
undertakers shall not have any right to control the carrying on of the
undertaking or part of the undertaking; and
(b) the undertakers shall not be bound, or, as the case may be, shall
not in respect of such matters as may be specified by order of the
competent authority be hound, by any obligation or limitation imposed on
the undertakers by or by virtue of any Ordinance or other instrument
determining their functions.
(5) A competent authority may, to such extent and subject to such
restrictions as it thinks proper, delegate all or any of its functions
under this regulation to any specified persons or class of persons.
(6) For the avoidance of doubt, it is hereby declared that the powers
conferred by this regulation may be exercised as respects any
undertaking whether or not the undertaking has been declared to be a
controlled undertaking and that sub- regulation (2) of this regulation
authorizes the making of any such orders or the giving of any such
directions as are therein mentioned in relation to any undertaking,
notwithstanding that the undertaking is being carried on under
sub-regulation (4) of this regulation by a person authorized in that
behalf by the competent authority. The powers of regulating or
prohibiting the movement of articles contained in sub-regulation (1) of
this regulation shall include the power to regulate and prohibit the
importation and exportation of articles into and out of the Colony.
(7) In this regulation-
(a) "essential work" means work appearing to the competent authority to
be essential in the public interest; and
(b) "undertaking" means any public utility under- taking or any
enterprise concerning industry, commerce, agricul- ture or any fishery,
and "undertakers" in relation to any such enterprise means the persons
by whom it is carried on; and any reference in this regulation to
articles shall be construed as including a reference to substances,
vehicles, vessels or animals and also as including a reference to
electricity.
805
73. (1) If the Governor is satisfied that in the public interest
Controlled
takinga,
it is expedient that any production or distribution undertaking, or
under- any class or description of such undertakings, should become
subject to the provisions of this regulation, he may by order
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1
806
THE HONG KONG GOVERNMENT GAZETTE.
declare that undertaking, or every undertaking of that class or
description, to be a controlled undertaking, and thereupon the following
provisions shall have effect as respects every under- taking to which
the order relates-
(a) the undertakers shall carry on the undertaking in accordance with
orders made or directions given by a com- directions may, in petent
authority, and such orders or particular-
(i) require the undertakers to employ upon such work
and for such period as may be specified in the order or directions, such
persons, or such class or description of persons, or such number of
persons, or such number of persons of such class or description, as may
be so specified;
i) fix the price or remuneration to be paid for any articles produced or
supplied or services rendered by the undertakers (whether to a competent
authority or otherwise) in accordance with the order or directions;
(b) no obligation or limitation imposed on the undertakers by or by
virtue of any Ordinance or other instrument determining their functions
shall prevent or excuse the under- takers from complying with any such
order or directions;
(c) with a view to ascertaining whether any such orders or directions
with respect to an undertaking are complied with, any person authorized
in that behalf by a competent authority may at any time enter and
inspect any premises used or appropriated for the purposes of the
undertaking.
(2) In this regulation-
(a) "article" includes electricity and any sub- stance, vehicle or
vessel;
(b) "undertaking" means any public utility under- taking
or any enterprise concerning industry, commerce, agricul- ture or any
fishery, and "undertakers" in relation to any such enterprise means the
persons by whom it is carried on;
(c) "production or distribution undertaking" means an undertaking which,
in the opinion of the competent authority, is or should be principally
engaged upon the production distri- bution rendering or supply of
articles or services required in the public interest.
SUPPLEMENT No. 2, DECEMBER 28, 1949.
807
74. (1) A competent authority may, subject TO any Control of general or
special instructions of the Governor, direct any person inent,
employ- in the Colony to perform such services therein as may be
specified by the direction, being services which that person is, in the
opinion of the authority, capable of performing.
(2) Any services required by a direction given under This regulation to
be performed shall be performed upon such terms as to remuneration and
conditions of service as the com- petent authority may, in accordance
with the provisions of this regulation, direct:
Provided that in determining the terms upon which any such services are
to be performed the authority shall have regard to any rates of salary,
fees or wages for the performance of those services which appear to him
to be usual, and, in particular, in the case of services usually
rendered under a contract of service, shall have regard to any
determination relating to the remunera- tion and conditions of service
of persons employed in the district in the capacity and in the trade in
which the person to whom the direction relates is to serve, being a
determination contained in an agreement between organizations
representative of employers and workers or in a decision of an
arbitration board or other similar body or, in the absence of any such
determination, shall have regard to the remuneration and conditions of
service in practice prevailing among good employers in that trade in the
district.
(3) Any directions given by a competent authority under this regulation
may, in accordance with his instructions, be given on his behalf by any
person duly authorized in writing by him.
(4) A competent authority may, subject to any general or special
instructions of the Governor, by order make provision for regulating the
engagement of workers by employers and the duration of their employment,
and for giving effect to the fore- going provisions of this regulation,
and may, in particular, provide by any such order-
(a) for requiring persons to register such particulars about themselves
as may be prescribed by or under the order;
(b) for requiring persons carrying on any under- taking to keep such
books, accounts and records relating to the undertaking as may be
prescribed by or under the order;
(c) for requiring persons carrying on, or employed
in connexion with, any undertaking, to produce to such person as may be
designated by or on behalf of the competent authority
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808
THE HONG KONG GOVERNMENT GAZETTE.
Entry and inspection of land.
Derelict articles.
or person specified in the order such books, accounts or other documents
relating to the undertaking and to furnish such estimates, returns or
information relating thereto as may be prescribed by or under the order;
(d) for any incidental and supplementary matters. for
which the competent authority thinks it expedient to provide. including,
in particular, the entry and inspection of premises with a view to
securing compliance with directions given under this regulation;
and any such provision may be made so as to relate either to persons
or undertakings generally or to any particular person or undertaking or
class or description of persons or undertakings.
75. Any member of His Majesty's regular forces or local naval,
military or air force, corps or reserve, or a police officer acting in
the course of his duty as such, or any person authorized by a competent
authority to act under this regulation on producing, if so required,
some duly authenticated document showing his authority-
(a) may enter on any land for the purpose of exercising any of
the powers conferred in relation to that land by any of these
regulations;
(b) may enter and inspect any land for the purpose of determining
whether, and, if so, in what manner, any of those powers are to be
exercised in relation to the land; and
(c) may,
for any purpose connected with the public interest pass
(with or without animals or vehicles) over any land.
76. Whenever any person finds an article as to which he has
reasonable cause to believe that it has been lost or abandoned, and
that, immediately before being lost or abandoned, it was used or
intended to be used for the purposes of an armed force or was in the
possession of a person who had it with him while serving with an armed
force, the person so finding the article--
(a) shall forthwith report the nature and situation thereof,
or, if the article is a document, cause it to be delivered, to some
member of His Majesty's regular forces or local naval, military or air
force, corps or reserve on duty in the neighbour- hood or to a police
officer at a police station; and
(b) save as aforesaid, shall not remove or tamper with the
article except with permission granted by the Commissioner of Police:
SUPPLEMENT No. 2, DECEMBER 28, 1949.
Provided that the Governor may by order direct that the obligations and
restrictions imposed by this regulation shall not apply in relation to
any such description of articles as may be specified in the order.
809
77. (0) With FL view to preventing work in essential Avoidance services
being interrupted by trade disputes, the Governor may and by order make
provision-
of strikes
lock-outs in essential
(a) for establishing a Board for the settlement of services. trade
disputes, and for regulating the procedure of the Board;
(b) for prohibiting, subject to the provisions of the order, a strike or
lockout in connection with any trade dispute;
(c) for any incidental and supplementary matters for which the Governor
thinks it expedient for the purpose of the order to provide.
non-
(2) In this regulation "trade dispute" means any dispute or difference
between employers and workers, or between workers and workers connected
with the employment or employment or the terms of the employment or with
the conditions of labour of any person employed in an essential
service.
(3) Any order made under this regulation may provide that contravention
of any provision of such order shall be an offence against these
regulaitons.
78. (1) Subject as hereinafter provided, the competent Special authority
may require any space or accommodation in a British Powers as
15 ships ship or aircraft to be placed at the disposal of the competent
and authority, and may give such directions as
appear to the aircraft. competent authority to be necessary or expedient
in connection with any such requirement; and if any directions given
under this sub-regulation with respect to any vessel or aircraft are
contravened or not complied with, the master of the vessel or the pilot
of the aircraft, as the case may be, and the person having the
management thereof, shall each be guilty of an offence against this
regulation: Provided that the preceding provisions of this regulation
shall not authorize the doing of any thing in
or aircraft. relation to a Dominion ship
(2) Where, in respect of any ship or aircraft, there sub- sists between
a person to whom this sub-regulation applies and any other person a
charterparty or other contract under which
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810
THE HONG KONG GOVERNMENT GAZETTE.
the first-mentioned person is entitled to possession of the ship or
aircraft or has the right to have any articles carried in the ship or
aircraft or to use any space or accommodation in the ship or aircraft,
the competent authority may serve on the first- mentioned person, in any
manner appearing to the competent authority to be convenient, a notice
stating that on such date as may be specified in the notice his rights
and liabilities under the contract will be transferred to the competent
authority; and in that event the contract shall, as regards any rights
exercisable, or liabilities incurred, on or after the said date, have
effect (sub- jeet to the provisions of the next following
sub-regulation) as if the competent authority were a party to the
contract instead of the person on whom the notice was served and as if
for any re- ference in the contract to that person there were
substituted a reference to the competent authority.
The persons to whom this sub-regulation applies are-
(a) every Briush subject not being resident in a
Dominion; and
of-
lands;
(b) every corporation incorporated under the law
(i) any part of the United Kingdom;
(ii) the Isle of Man or any of the Channel Is-
(iii) any Colony or British protectorate adminis- tered by His Majesty's
Government in the United Kingdom; or (iv) any territory in respect of
which a man- date on behalf of the League of Nations has been accepted
by His Majesty and is being exercised by His Majesty's Govern- ment in
the United Kingdom or any territory administered by the government of
any part of His Majesty's dominions under the trusteeship system of the
United Nations,
(3) The competent authority may at any time cancel a notice served under
sub-regulation (2) of this regulation in respect of a contract, and
thereupon the said sub-regulation shall, unless and until a further
notice is served thereunder in respect of that contract, cease to
operate in relation to the con- tract as regards any rights exercisable,
or liabilities incurred, on or after the date on which the cancellation
takes effect.
Notice of any such cancellation shall be given as soon as may be
by the competent authority in such manner as that authority thinks best
for informing the person concerned.
SUPPLEMENT No. 2, DECEMBER 28, 1949.
(4) The competent authority may, to such extent and subject to such
restrictions as it thinks proper, delegate all or any of its functions
under sub-regulations (1) to (3) of this regulation to any specified
persons or class of persons.
78. (1) if the competent authority is satisfied--
811
Power Lo permit
where
(a) that it is necessary in the public interest that nuisances any
particular work should be carried on in any particular premises
jjecessary. or place; and
(b) that the carrying on of that work therein under the conditions
necessitated by the requirements of the public interest is causing or
may cause a nuisance;
the competent authority may by order provide for authorizing the
carrying on of that work in those premises or that place notwithstanding
that a nuisance may be caused thereby :
Provided that--
(1) before making any such order the competent authority shall take
steps to ascertain whether arrangements cannot be made for the work to
be carried on under such conditions as aforesaid, either in the premises
or place in which it is being carried on or in some other premises or
place, without causing a nuisance, and, if satisfied that such
arrangements cannot be made, shall ascertain what means can be taken for
minimising the nuisance; and
(ii) any such order shall specify the work and the premises or place to
which it relates and shall be made subject to such conditions as the
competent authority thinks best cal- culated to minimise the nuisance as
far as is practicable without prejudicing the public interests.
(2) Where an order has been made under this regulation authorizing the
carrying on of any work in any premises or place, no legal proceedings
for the abatement or prohibition of any muisance caused by the carrying
on, while the order is in force, of that work in those premises or that
place or for the recovery of damages in respect of such a nuisance
(including proceedings. for the enforcement of any undertaking given, or
of any injunction or other order of a court granted or made, before the
coming into operation of the order) shall be entertained by any count,
but if upon representations made to any person appearing to the com-
petent authority by which the order was made to be interested, the
authority is satisfied that any condition imposed by the order is not
being complied with, the authority shall send to the persons
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812
THE HONG KONG GOVERNMENT GAZETTE.
F
SUPPLEMENT No. 2, DECEMBER 28, 1949.
813
Informa-
storage
facilities.
engaged in the work authorized by the order a notice requiring them to
comply with that condition within such time as may be specified in the
notice, and, if the requirements of the notice are not complied with to
the satisfaction of the competent authority the authority shall revoke
the order:
Provided that the provisions of this sub-regulation as to the
duty of the competent authority in the event of any such condition not
being complied with shall be without prejudice to the power of the
competent authority to vary any such condition if the competent
authority is satisfied that it is necessary so to do.
(3) If while any order by a competent authority under this regulation is
in force, an application is made to the authority by persons appearing
to the authority to be interested request- ing that an inquiry into the
extent of the nuisance, or the the steps that might be taken to minimise
it, should be held. the competent authority shall, unless the
application appears to such authority to be frivolous, direct the
holding of such an inquiry, and shall after receiving the report of the
person appointed to hold the inquiry, consider whether or not the order
should be varied or revoked.
(4) For the purposes of this regulation, proceedings for the enforcement
of an express covenant not to commit nuisance or for the recovery of
damages in respect of a breach of such a covenant shall be deemed to be
proceedings for the abatement or prohibition of a nuisance or for the
recovery of damages in respect of a nuisance, as the case may be.
(5) Nothing in this regulation shall affect any pro ceedings for the
enforcement of an Ordinance.
80. (1) With a view to obtaining information as to the tion as to
accommodation and facilities available for the storage of articles in
the public interest the Governor may, by order made as respects premises
of any class situated in any area in the Colony, require the owners or
occupiers of those premises to furnish to such authority, within such
time, and in such form and manner, as may be specified in the order,
such particulars with respect to the premises as may be so specified,
and to notify that authority from time to time of any change in those
particulars.
(2) The Governor may, to such extent and subject to such restrictions as
he thinks proper, delegate his functions under this regulation to any
specified persons or class of persons.
of
81. The Compensation (Defence). Regulations, togo, and all Application
orders, notices and appointments thereunder, shall have effect,
Compensa- in relation to things done under the powers conferred by these
tion,
(Defence) regulations, as though the said regulations had been amended
on Regula the coming into force of these regulations-
tions, 1944.
(a) by deleting in sub-regulation (1) of regulation 3 the words "during
the period beginning with the twenty-fourth day of August, nineteen
hundred and thirty-nine, and ending with such day as the Governor may by
order declare to be the day on which the emergency comes to an end" and
substituting therefor the words "at any time after the enactment of Part
VI of the Emergency (Principal) Regulations, 1949."; and
(b) as if for the definition of "land" therein contained there had been
substituted the definition of "land" comained in Part 1 of these
regulations.
PART VIL.
Miscellaneous Provisions.
82. (1) The competent authority, if he considers it desirable Inquiries.
for the exercise of any of the powers under Part V and Part VI of these
regulations that an inquiry should be held into any particular matter,
may direct the holding of an inquiry into that matter by such person and
at such place as the authority may determine.
(2) For the purposes of any inquiry held in pursuance of this
regulation, the person appointed to hold the inquiry may by summons
require any person to attend, at such time and place as is specified in
the summons, to give evidence or fo produce any documents in his custody
or under his control which relate to any matter in question at the
inquiry, and may take evidence on oath, and for that purpose administer
oaths, or may, instead of administering an oath, require the person
examined to make and subscribe a declaration of the truth of the matter
respecting which he is examined.
(3) Every person who refuses or wilfully neglects to attend in obedience
to a summons issued under this regulation, or to give evidence, or who
wilfully alters, suppresses, conceals, destroys or refuses to produce
any book or other document which he may be required to produce for the
purpose of such an inquiry, shall be guilty of an offence against these
regulations.
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814
I'ublicity of ontera.
notices.
THE HONG KONG GOVERNMENT GAZETTE.
83. (1) When any order or rule is made or direction given, the Governor
or other authority making such order or rule or giving such direction
shall cause notice of the effect of it to be given as soon as may be in
such manner as he thinks necessary for bringing it to the notice of all
persons who in his opinion ought to have notice of it, and such orders,
rule or direction shall have effect as soon as notice as aforesaid has
been given, without publication in the Gazette.
(2) Without prejudice to any special provisions con- tained
in these regulations, a notice to be served on any person for the
purposes of any of these regulations may be served by leaving at, or by
sending it by post in a letter addressed to that person at, his last or
usual place of abode or place of business.
Affixing of 84. Any authorized officer may, for the purpose of these
regulations, affix any notice to, or cause any notice to be dis- played
on, any premises, vehicle or vessel, and may, for the purpose of
exercising any power conferred by this regulation, enter any premises at
any time; and where any authorized officer affixes a notice, or causes a
notice to be displayed, in pursuance of this regulation, no person other
than an authorized officer shall remove, alter, deface or obliterate the
notice.
Adinission
of
statements
85. (1) When any person is charged with any offence against
these regulations, any statement, whether such statement
in evidence, amounts to a confession or not or is oral or in writing,
made at any time, whether before or after such person is charged and
whether in the course of a police investigation or not and whether or
not wholly or partly in answer to questions, by such person to or in the
hearing of any police officer of or above the rank of Inspector shall,
notwithstanding anything to the contrary contained in any law applicable
to the Colony, be admissible at his trial in evidence and, if such
person tenders himself as a witness, any such statement may be used in
cross-examination and for the purpose of impeaching his credit :
Provided that no such statement shall be admissible or
used as aforesaid-
(a) if the making of the statement appears to the Court
to have been caused by any inducement, threat or promise having
reference to the charge against such person, proceeding from a person in
authority and sufficient in the opinion of the Court to give such person
grounds which would appear to him reasonable for supposing that by
making it he would gain any advantage or avoid any evit of a temporal
nature in reference to the proceeding against him; or
SUPPLEMENT No. 2, DECEMBER 28, 1949.
(b) in the case of a statement made by such person after his arrest,
unless the Court is satisfied that, before making such statement,
a caution was administered to him in the following words or words to the
like effect: "It is my duty to warn you that you are not obliged to say
anything or to answer any question, but anything you say, whether in
answer to a question or not, may be given in evidence at your trial",
(2) Notwithstanding anything to the contrary contained in any law
applicable to the Colony a person accused of an offence to which
sub-regulation (1) of this regulation applies shall not be bound to
answer any questions relating to such case after any such caution as
aforesaid has been administered to him.
(3) This regulation shall apply in relation to any person tried after
the commencement of these regulations whether or not the proceedings
against such person were instituted and whether or not the relevant
statements were made, before such commencement.
815
camera.
88. Notwithstanding anything to the contrary contained in Trials may any
law applicable to the Colony, a Court may order that the bein whole or
any part of any trial before it for any offence against these
regulations shall take place in a closed court if it is satisfied that
it is expedient in the interests of justice or of public order, safety
or security so to do.
possession
authority.
87. (1) Any article coming into the possession of an executive Disposal
of authority (whether in consequence of the seizure of the article
articles in under any of these regulations or otherwise) which the
authority of has reasonable grounds for believing to be evidence of the
com- executive mission of an offence against these regulations, may be
retained for a period of one month or, if within that period there are
commenced proceedings in respect of such an offence in which the article
is, or can properly be, adduced in evidence, or proceedings under the
following provisions of this regulation in respect of the article, until