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". (2) Where proceedings are taken in respect of
an offence against these regulations, 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-
article; or
(a) authorizing the destruction or disposal of the
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816
THE HONG KONG GOVERNMENT GAZETTE.
(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 sub-regulation (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 sub- regulation (2) of
this regulation.
(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, sub-regulation (1) of this regulation shall, in
relation to that article, have effect as if the period first mentioned
in that sub-regulation 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 sub-
sequently exercising, in relation to that article, any jurisdiction
conferred on such court or magistrate by sub-regulation (2) or
sub-regulation (3) of this regulation.
(6) Where, in the course of any proceedings for an offence, an
order is made under sub-regulation (2) of this re- gulation, the court
hearing any appeal in the matter of those proceedings may vary or annul
the order.
(7) Where an order is made under sub-regulation (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 sub-regulation and of the enactments relating to such an appeal, a
refusal to make an order shall be deemed to be an order.
SUPPLEMENT No. 2, DECEMBER 28, 1919.
(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.
817
of 1932.
(0) Subject to the preceding provisions of this regula- tion, section 43
of the Magistrate Ordinance, 1932, shall apply Ordinance to any article
coming into the possession of an executive authority No. 41, which the
authority has reasonable ground for believing to be evidence of the
commission of an offence against these regulations as it applies to
property coming into the possession of the police in the circumstances
mentioned in that section, and, in relation to any such article, shall
have effect as if the reference in that section to the police included a
reference to an executive authority (whether a police officer or not).
(10) For the purposes of this regulation, any proceedings shall be
deemed not to have been finally determined so long as there is pending
any appeal in the matter of the proceedings, and an appeal in that
matter shall be deemed to be pending during the ordinary time within
which such an appeal may be lodged, and if such an appeal is duly
lodged, the appeal shall be deemed to be pending until it is decided or
withdrawn.
(11) For the purposes of this regulation, any authority, police officer
or other person whatsoever having functions in con- nexion with the
execution of these regulations shall be deemed to be an executive
authority.
(12) Nothing in this regulation shall be taken to pre- judice any right
to retain property which may exist in law apart from the provisions of
this regulation.
88. (1) A competent authority may cause to be served upon Billeting. the
occupier of any premises a written notice thereinafter referred to as "a
billeting notice"), requiring the occupier of those premises to furnish
therein, until further notice or during such period as may be specified
in the billeting notice, according as that notice may direct,
accommodation (by way of lodging or food or both, and either with or
without attendance, according as the notice may direct) for such number
of persons as may be so specified, being either persons in the service
of the Crown or other persons in respect of whom the competent authority
shall have received the direction of the Governor requiring that such
accommodation shall be found for such other persons. Every billeting
notice must,
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818
THE HONG KONG GOVERNMENT GAZETTE.
Postal services.
Orders for the opening or closing of premises.
in order to be of any effect for the purposes of this regulation, define
the persons for whom accommodation is required by the
notice.
any
(2) The lodging or food to be furnished in accordance with a billeting
notice, and the price to be paid in respect of accommodation so
furnished in any premises shall be such, and shall be paid to the
occupier of the premises by such authority, as may be determined by
order of the Governor.
(3) If the occupier of any premises feels aggrieved by the requirements
of any billeting notice, he may, within fourteen days from the beginning
of the day on which the notice is served on him, complain to a
magistrate, and thereupon the magistrate, if satisfied that the
furnishing of accommodation in accordance with the notice would
otherwise impose an undue burden upon the occupier, may by order annul
the notice or direct that it shall have effect subject to such
modifications as may be specified in the order.
(4) Any person who contravenes any notice served under this regulation
shall be guilty of an offence against these regulations.
89. The Governor, if it appears to him to be necessary or expedient so
to do in the public interest, may by order direct the closing of all or
any Post Offices, or the suspension of all or any services provided by
the postal administration at all or any Post Offices.
90. (1) The Governor may by order-
(a) if it appears to him to be necessary or expedient so to do in the
public interest, require that the proprietors and managers of shops or
businesses generally, or any class of shops or businesses, or of any
specified shops or businesses, which he may have reason to believe to
have been closed in pursuance of any organized or general closure of
business shall, either throughout the Colony or any portion thereof,
open and carry on business as usual;
(b) if it appears to him to be necessary or expedient so to
do in the public interest require the occupiers of premises of any
specified class or description or of any specified premises throughout
the Colony or any portion thereof, to close and keep the same closed for
such period as may be specified, together with any gates or other
openings leading thereto.
SUPPLEMENT No. 2, DECEMBER 28, 1949.
(2) Any person who contravenes any order under this regulation shall be
guilty of an offence against these regulations.
91. The Governor may, if he considers it necessary or expedient in the
public interest by order prohibit-
819
Power to prohibit the sale, purchase
or use of
receiving appara-
(a) the sale and purchase of any wireless receiving apparatus to and by
such persons, as may be specified in such wireless order;
(b) the use of such apparatuses either generally or at such places or by
such persons, as may be specified in such order:
(c) the receiving of broadcasts emitting from any area or station, as
may be specified in such order.
tuses.
service.
92. (1) The Governor may by order make provision for Telephone
restricting the use of the telephone service to such persons or classes
of persons as he may think fit or for regulating or imposing conditions
on the use of telephone service, and any such order may further make
provision for the enforcement there- of by authorizing the removal or
disconnection of telephone lines or apparatus and of the entry on
property for that purpose or otherwise.
(2) Any person who shall contravene any order made under sub-regulation
(1) or any condition imposed by any such order shall be guilty of an
offence against these regulations.
93. (1) The Commissioner of Police may direct the owner Display of or
person having the control or management of any establish- certain
ment-
notices by certain
establish-
(a) to display for such period as may be specified ments. by the
Commissioner of Police, in a conspicuous place on or by the door of or
entrance to such establishment, an "out of Bounds" notice of such
wording in such language and in lettering of such size as may be so
specified, indicating that the premises are out of hounds to all or any
members of all or any of His Majesty's regular forces, or local naval,
military or air force, corps or re- serve and the Police Force; or
(b) to remove and keep removed, for such period as may be specified by
the Commissioner of Police, any notice which may be displayed on or near
the premises of such establishment and indicating or tending to indicate
that the premises are in bounds to all or any members of all or any of
His Majesty's regular forces or local naval, military or air force,
corps or reserve and the Police Force.
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820
Prohibition
etc of a ing liquor.
of intoxicat.
Identifica- tion.
THE HONG KONG GOVERNMENT GAZETTE.
(2) Any person who contravenes a direction given under sub-regulation
(1) shall be guilty of an offence against these regulations.
(3) In this regulation "establishment" means any hotel, boarding
house, pension, hostel, hospice, lodging-house, restaurant, cafe,
coffee-house, tea-room, bar, buffet, club, canteen or other similar
place where lodging is supplied or food or drink is prepared for sale or
sold for human consumption.
94. (1) The Governor may by order prohibit, restrict, or regulate
the sale of intoxicating liquor to members of His Majesty's regular
forces, or any local naval, military or air force, corps or reserve and
the Police Force and, without prejudice to the generality of this power,
any such order may be made as respects-
(a) the sale of any description of intoxicating liquor or of
intoxicating liquor generally;
(b) the sale for consumption on premises or for con- sumption off
premises;
(c) the sale at licensed premises generally or at licensed
premises in any specified area or at any specified licensed premises;
(d) the sale to members of His Majesty's regular forces or any local
naval, military or air force, corps or reserve and the Police Force
generally or to any class of members of His Majesty's Forces and the
Police Force;
stances.
(e) the sale in any combination of such circum-
(2) Any person who contravenes any order under this regulation
shall be guilty of an offence against these regulations.
95. Every person shall, when required so to do by any member of His
Majesty's regular forces, or any local naval, mili- tary or air force,
corps or reserve or any police officer acting in the course of his duty
as such, give his correct name and address and produce such papers, if
any, in his possession by which he can be identified to such member of
His Majesty's regular forces, or local naval, military or air force,
corps or reserve, or any police officer;
and if he shall fail so to do he shall be guilty of an offence
against these regulations.
SUPPLEMENT No. 2, DECEMBER 28, 1949.
obtain
821
96. (1) Any person shalf, on being directed by or on behalf Power to of
a competent authority so to do, furnish or produce to such informa-
authority of person as may be specified in the direction, any such tion.
information or article in his possession as may be so specified, being
information or an article which the person giving the direc- tion
considers to be necessary or expedient in the public interest to obtain
or examine, and if any person contravenes any such direction, he shall
be guilty of an offence against these regulations.
(2) A competent authority, any person authorized by him in that behalf,
and any person having the custody of an article produced for examination
in accordance with the provision of sub-regulation (1), may for the
purposes of such examination open any vessel, box, crate, wrapper or
other container in which the article may be: Provided that, where
practicable, a container so opened shall be closed again after such
examination and a mark shall be affixed thereto denoting that it has
been opened for examination.
97. If any person-
(1) under any of the provisions of these regulations, or any order made
under any of these regulations, makes any statements, or furnishes any
information, recklessly or without belief in its truth; or
(b) makes such a statement as aforesaid in any account, declaration,
estimate, return or other document which he is required by an order
under any of these regulations to make; or
Ur
(c) in any application for a licence, permit or authoriza- tion required
by any of these regulations or any order made under any of these
regulations, makes such a statement furnishes any such information as
aforesaid, or describes any article or goods incorrectly, insufficiently
or in such a manner as to conceal or disguise the true nature or purpose
thereof;
(d) in any receipt which he is required by or under any of these
regulations or any order made thereunder to give for money, makes such a
statement as aforesaid;
he shall be guilty of an offence against that regulation.
False
statements.
persons in
98. Any person in custody on suspicion of having com- Identifica- mitted
an offence against these regulations, and any person tion of convicted
of an offence against these regulations, may, without custody. prejudice
to any other powers in that behalf, be photographed, measured, and
examined, and may have his fingers and thumb
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822
Powers of entry and
search of premises, places. vehicles,
vessels or aircraft.
Special constables.
Ordinance No. 10 of 1886.
THE HONG KONG GOVERNMENT GAZETTE.
prints taken, by any police officer or in the case of the examina- tion
of a woman by a woman under the direction of a police officer. The
photographs to be taken may include a photograph of the full face, a
photograph of the true profile and a full-length photograph. The
measurements to be taken may include height when standing and the size
and relative position of every scar and distinctive mark upon any part
of the body. The examina tion to be made shall be any examination
necessary for the pure pose of detecting any such scar and distinctive
mark as afore- said. The finger and thumb prints to be taken may be of
the external filament of the fingers and thumbs, or both the fingers and
the thumbs, of either or both hands. A photograph taken in pursuance of
this regulation shall not be published except for the purpose of tracing
the person concerned, or shown to any person other than a police officer
or an officer of the Govern- ment of Hong Kong or a member of His
Majesty's regular forces, or local naval, military or air force, corps
or reserve acting in the course of his duty as such, or a person
authorized to see it by any of the aforesaid person so acting.
99. (1) Any authorized officer may enter or board any pre mises, place,
vehicle, vessel or aircraft at any time, being premises or place,
vehicle, vessel Or aircraft which he may have reason to suspect of being
used, or having recently been used, for any purpose prejudicial to the
public interest or in which he may suspect that there is any article,
goods, document or thing liable to seizure under these regulations, and
may search any such premises, place, vehicle, vessel or aircraft and any
person therein or leaving the same.
(2) No woman shall be searched under this regulation except by
a woman.
100. (1) The Governor may by order authorize the enrolment of any
number of special constables for the purposes of these regulations in
the manner provided in the Peace Preservation Ordinance, 1886, and the
provisions of that Ordinance, with such modifications as may be
necessary, shall apply to such enrolment.
(2) Every person enrolled or appointed as a special constable as from
the date of his enrolment or appointment and until such enrolment or
appointment shall be cancelled or determined by the Governor or some
person authorized by the Governor, shall be deemed to have had and he
shall have all the powers, privileges, protection and immunities
mentioned or referred to in section 3 of the Peace Preservation
Ordinance, 1886, but with the like exception as to pay and pension or
other reward.
SUPPLEMENT No. 2, DECEMBER 28, 1949.
(3) Every such special constable shall while so enrolled
or appointed be subject to the orders of the Governor, the Com-
missioner of Police or any officer of Police of or above the rank of
Sub-Inspector and any other person authorized by the Governor or the
Commissioner of Police to act in that behalf.
(4) Every such special constable shall from the date of his enrolment or
appointment be deemed to have been subject to punishment, as mentioned
in section 5 of the Peace Preservation Ordinance, 1886, for refusal or
neglect, without reasonable excuse, to serve or to obey such lawful
orders and directions as may be given to him for the performance of the
duties of his office.
On
823
101. No person who obtains any information by virtue of Restriction
these regulations shall, otherwise than in connexion with the closing
execution of these regulations or of an order, rule or by-law made
informa- under these regulations, disclose that information except with
permission granted by the Governor.
tion.
etc.
102. (1) Any person claiming to be the holder of any licence Licences.
or permit granted or issued for the purposes of any of these Permits.
regulations shall, on demand made in that behalf by any police officer
or by any authorized officer, produce the licence or permit. as the case
may be, to the person making the demand.
(2) Any licence or permit granted for the purposes of any of these
regulations may contain such conditions as the authority or person
granting it may think necessary or expedient and such licence or permit
may be revoked by him at any time.
انه
licences, etc.
103. There may be charged in respect of the grant, renewal or Fees for
issue of any licence, permit or other document for the purposes any of
these regulations, or any order made under any of these regulations,
such fee as the Governor may by order determine.
of
104. Where any work is done in the exercise of powers con- Recovery
ferred by any of these regulations, then, if and so far as the work
expenses. was work which, apart from the provisions of these
regulations, some person was under a duty to do or might have been
required to do but which he had failed without reasonable excuse to do,
the amount of any expenses reasonably incurred in connexion with the
doing of the said work shall be a debt due from that person to the
Crown.
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824
Power of Governor to order use of
THE HONG KONG GOVERNMENT GAZETTE.
may,
105. (1) Without prejudice to the provisions of the Prisons Ordinance,
1932, and the rules made thereunder, the Governor if he considers it
necessary or expedient in the public interest, for certain order the
employment and use, anywhere outside the prison, of prisoners in such
health and sanitary services as he may specify in writing.
prisoners
purposes.
Ordinance No. 38 of 1932.
Powers to disperse assemblies.
Revocation and variations
of orders, etc.
Powers of Governor.
(2) For the better carrying out of the provisions of sub-
regulation (1), the Governor may order-
(a) that such prisoners be secured either singly or
together in such manner and by such means as may be necessary in order
to prevent their escape from legal custody;
(b) that such prisoners be employed under the control of prison officers
or such persons as the Governor may Prisoners so specify (hereinafter
called "specified guards"). employed shall be deemed to be in the legal
custody of such specified guards, who shall exercise over such prisoners
all the powers, duties, privileges and functions of prison officers
including the use of lethal weapons against any prisoner escaping
Provided that or attempting to escape from legal custody: resort shall
not be had to the use of any such weapons unless a specified guard has
reasonable grounds to believe that he cannot otherwise prevent the
escape.
106. (1) Whenever any order has been made by the Governor applying this
regulation to the Colony or any part thereof any assembly or meeting of
five or more persons in any place in the Colony or in any part thereof,
as the case may be, may be ordered to disperse by any authorized
officer.
(2) Any such authorized officer may use such force as may be
necessary to disperse any such assembly.
107. Any power conferred by any of these regulations to make any
order or regulations shall be construed as including a power,
exercisable in the like manner and subject to the like conditions, if
any, to revoke or vary the order or regulations.
108. The powers conferred by these regulations shall be in
addition to and not in derogation of any other rights or powers vested
in the Governor, or conferred by law on any authority or
person.
SUPPLEMENT No. 2, DECEMBER 28, 1949.
PART VII.
Special Offences and penalties.
825
109. (1) Any person who, not being a member of His Injury to Majesty's
regular forces or local naval, military or air force, property. corps or
reserve or of the Police Force acting in the course of his duty as such-
(4) injures, or does any act calculated to injure or prevent the proper
use or working of, any public building, rail- way, canal, bridge, road,
tramway, vehicle, telegraphic or tele- phone line or wireless apparatus,
cable or plant, mine, shop, factory, waterworks, electrical generating
station, or any works or plant used or adapted for use for the
production supply, storage, or transport of food, fuel, munitions,
water, light, heat, or power;
ог
(b) approaches, or is in the neighbourhood of, or enters, any such place
or property as aforesaid with intent to do injury thereto,
shall be guilty of an offence against these regulations unless he proves
that he was acting by lawful authority or on a lawful occasion.
(2) For the purposes of paragraph (b) of sub-regulation (1), a person
shall be deemed to have the intent to do injury as described in the said
sub-regulation if by reason of his being in possession of any explosive
or incendiary article or lethal weapon or dangerous missile, or
otherwise from the circumstances of the case, or his conduct, the Court
is of opinion that his purpose was to do such injury.
110. Any person who shall-
Inter- ference with His
(a) do any act having reasonable cause to believe that Majesty's it will
be likely to prevent or interfere with the performance of Force, their
duties by members of His Majesty's regular forces or any etc. local
naval, military or air force, corps or reserve or of the Police Force or
the carrying on of their work by persons engaged in the performance of
essential services; or
(b) do, in relation to any person whom he knows to be
a member of His Majesty's regular forces or any local navai, military or
air force, corps or reserve, or of the Police Force or to be a person
engaged in the performance of essential services, any act with intent
thereby to render him incapable
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826
THE HONG KONG GOVERNMENT GAZETTE.
Misleading acts and misrepre- sentation.
Obstruc- tion.
of efficiently performing his duties as such or, as the case may be,
efficiently carrying on his work as a person so engaged, shall be guilty
of an offence against these regulations.
111. (1) Any person who shall-
(a) do any act calculated falsely to suggest that he or any
other person is or is not acting (either generally or in a particular
capacity) in the service, or on behalf, of the Crown, on of a foreign
Government, or as a member of the Police Force or of a fire brigade, or
in the service, or on behalf of, an under- taking engaged in the
performance of essential services; or
(b) do, in relation to any property, any act calculated
falsely to suggest that the property does or does not belong to, or is
or is not in the possession or under the control of, the Crown, or has
or has not been classified, selected or appropriated on behall of the
Crown for any particular purpose; or
(c) do any act whereby there are communicated, or likely to
be communicated, to the public or to any section thereof any directions,
instructions or information falsely purporting to be duly issued or
given for purposes connected with the public interest; or
(d) make any alarm signal otherwise than for the purpose
for which, or otherwise than in the circumstances in which, the making
of that signal is authorized by or on behalf of the Governor, or do any
act, or make any statement, having reasonable cause to believe that the
act or statement is likely to result in such a signal being made
otherwise than for that purpose or otherwise than in those
circumstances, or do any act having reasonable cause to believe that the
act is likely to be mistaken for the making of such a signal; or
(e) do any act, or make any statement, having reasonable
cause to believe that the act or statement is likely to mislead any
person in the discharge of any lawful functions in connection with the
public interest,
shall be guilty of an offence against these regulations.
(2) In this regulation the expression alarm signal" means any signal
authorized by or on behalf of the Governor to be used for any purpose
connected with the public interest.
112. Any person who obstructs any member of His Majesty's regular
forces or any local naval, military or air force, corps or reserve or
any police officer acting in the course of his duty as
SUPPLEMENT No. 2, DECEMBER 28, 1949.
such, or any person exercising any powers or performing any duties
conferred or imposed on him by these regulations or any orders,
directions, requirements or notices thereunder or otherwise discharging
any lawful functions in connection with the public interest shall be
guilty of an offence against these regulations.
827
possession
113. (1) Any person who, without lawful authority or Unlawful reasonable
excuse, the burden of proof of which shall lie upon of and him, shall-
dealing with armi, etc.. (a) detain, buy, exchange or receive, from any
belonging member of His Majesty's regular forces or local naval,
military to military or air force, corps or reserve or of the Police
Force or from any or police deserter from any such forces or from any
person acting for or on behalf of any of the persons aforesaid; or
(b) solicit or entice any of the said persons to sell, make away with,
or dispose of; or
(c) be employed by any of the said persons. knowing him to belong to one
or other of such forces or to be a deserter from any of such forces, to
sell, make away with, or dispose of; or
(d) detain, sell, exchange, hand over, make away with, receive or have
in his possession,
any arms, ammunition, explosives, clothing, accoutrements, medals or
other appointments, furnished for the use of any of the said forces or
any chattel being the property of His Majesty's Government in the United
Kingdom or the Government of Hong Kong or any Department of either of
such Governments, or any chattel which has been in the supply of, or
which has been imported into the Colony, for the use of, the Navy, Army
or Air Force Institutes, shall be guilty of an offence against these
regulations.
forces.
from
114. Any person who shall escape from any custody in which Escape he is
lawfully held shall be guilty of an offence against these custody.
regulations.
of
115. (1) The Governor may, if he considers it in the public Prohibition
interest so to do, by order prohibit the manufacture, sale, use,
uniforms, display or possession of any flag, banner, badge, emblem,
device, emblems, uniform or distinctive dress.
(2) Any person contravening any provision of an order made under this
regulation shall be guilty of an offence against these regulations.
etc.
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828
Possession
and carrying of arms, ammuni- tion, and explosive substance.
Offensive weapons.
Consorting
with person
carrying
THE HONG KONG GOVERNMENT GAZETTE.
(3) Any article in respect of which an offence has been committed under
this regulation may be seized and destroyed or otherwise dealt with as
the Governor may direct, whether or not the identity of the offender is
known and whether or not any prosecution has been commenced in respect
of the offence.
arms.
116. (1) Any person who without lawful authority is in possession of
ammunition or explosive substance in such
quantities or in such circumstances as to fead a reasonable man to infer
that he is trafficking therein or intends to use them himself or intends
them to be used by others shall be guilty of an offence against these
regulations and shall on conviction on indictment be liable to
imprisonment for life.
(2) Any person who without lawful authority carries arms,
ammunition or explosive substance shall be guilty of an offence against
these regulations and shall on conviction on indictment be liable to
imprisonment for life:
Provided that no person shall be convicted of an offence against this
regulation if the evidence of his having committed such offence consists
solely of evidence that a search of his person discovered the presence
of arms, ammunition or explosive sub-
stance thereon.
117. Any person who carries or has in his possession or under his
control any offensive weapon or any instrument capable of being used as
an offensive weapon, not being a fire-arm, in circumstances which raise
a reasonable presumption that he has used or intends or is about to use
such weapon or instrument for any unlawful purpose shall be guilty of an
offence and shall be liable to imprisonment for ten years.
118. (1) Any person who consorts with or is found in the company of
another person who without lawful authority is or having carrying or has
in his possession arms, ammunition or explosive possession
substance in circumstances which raise a reasonable presumption that he
intends to or is about to act with, or has recently acted with, such
other person in a manner prejudical to the public interest, shall be
guilty of an offence and shall be liable to im- prisonment for ten
years.
of arms, ammuni. tion or explosive substance.
(2) Where, in any prosecution for an offence under this regulation, it
is established to the satisfaction of the Court that the accused person
was consorting with or in the company of any person carrying or having
possession of any arms, ammunition or explosive substance, it shall be
presumed, until the contrary
SUPPLEMENT No. 2, DECEMBER 28, 1949.
is proved, that such last mentioned person was carrying or in possession
of such arms, ammunition or explosive substance without lawful
authority.
829
to report
119. (1) Any person who, knowing or having reasonable Failure cause to
believe that another person without lawful authority offence of is
carrying or has in his possession any arms, ammunition or carrying
explosive substance, fails to report the same to a police officer
possessing at the earliest possible opportunity, shall be guilty of an
offence arms, against these regulations.
or
ammuni- tion or explosive
(2) Where any person is charged with an offence substance. against
sub-regulation (1) of this regulation, the burden of proving that there
was no opportunity of making a report to a police officer, or that such
a report was, in fact, made at the earliest possible opportunity, shall
lie on the accused.
with or
120. (1) Any person who consorts with or harbours any Consorting other
person whom he knows or has reasonable grounds for be- harbouring
lieving to be a person who intends to or is about to act or who persons
has recently acted in a manner prejudicial to the public interest, shall
be guilty of an offence against these regulations,
(2) For the purposes of this regulation the fact that a person is
wearing an unauthorized uniform shall be deemed to constitute reasonable
grounds for believing that he intends to act in a manner prejudicial to
the public interest.
(3) For the purposes of this regulation-
"harbour" includes the supplying a person with shelter, food, drink,
money, clothes, or means of conveyance, or assisting a person in any way
to evade apprehension;
"unauthorized uniform" means any uniform pro- hibited by order under
regulation 115 hereof or under section 3 of the Public Order Ordinance,
1948.
un-
wearing
authorized uniforms,
etc.
Ordinance No. 59 of 1948.
fire-arm
121. Any person who is drunk, or who behaves in a disorderly Carrying a
manner, while carrying a fire-arm shall be guilty of an offence while
and shall be liable to a tine of one thousand dollars and to drunk or
imprisonment for six months.
122. (1) The Governor may by order-
(a) prohibit, restrict or regulate the buying, selling or otherwise
dealing in arms, ammunition or explosive substance in the Colony or in
any area of the Colony specified in the order;
disorderly.
Fire-arms,
etc.
Scanned with CamScanner
890
Ordinance No. 2 of 1933.
of
THE HONG KONG GOVERNMENT GAZETTE.
(b) direct all persons having in their possession or custody in the area
specified in the order any arms, ammunition or explosive substance to
keep the same in places approved in accordance with the order;
(c) cancel or suspend any licence issued under section 3 of the Arms and
Ammunition Ordinance, 1933, or any licence to carry or use a firearm
issued under that Ordinance or direct that any such licence shall have
effect subject to such con- ditions as may be specified in the order.
(2) Any person who contravenes any order made under sub-regulation (1)
shall be guilty of an offence against these regulations.
Prohibition 123. No person shall manufacture any explosive substance
explosive
except under and in accordance with the terms and conditions of
substances. a permit granted by the Commissioner of Police, and if any
person manufactures any explosive substance in contravention of this
prohibition, he shall be guilty of an offence against these regula-
tions.
Certain
offences
in closed,
protected, damaged
124. If in any closed area or protected place or in any area which at
any time after the coming into force of these regulations has been
destroyed or damaged by any means whatsoever or subjected to an attack
by the enemy or of which any evacuation has been or shall be ordered
under section 11 of the Public Order punishable Ordinance, 1948, any
person--
or
evacuated
areas to be
with life imprison- ment.
Ordinance No. 59 of 1948.
Ordinance No. 32 of 1935.
Ordinance No. 6 of 1965.
Inter- ference with and damage to communica- tions, etc.
(a) commits any offence punishable under sub-sections (2) and
(3) of section 40 of the Larceny Ordinance, 1935, or
(b) steals any article from any premises destroyed or damaged or vacated
for the purpose of complying with such an evacuation order as aforesaid
or any article left exposed or unprotected in consequence of such
destruction; or
(c) commits an offence against any provision of the Malicious
Damage Ordinance, 1865; or
(d) endeavours to force a safeguard;
shall be guilty of an offence against these regulations and shail on
conviction on indictment be liable to imprisonment for life. 125. Any
person who, not being a member of His Majesty's regular forces or any
local naval, military or air force, corps or reserve or a police officer
or an authorized officer acting in the course of his duty as such-
SELAIN
SUPPLEMENT No. 2, DECEMBER 28, 1949.
(a) interferes with the working or use of
any harbour, railway, tramway, waterway, road, track, power station,
transmission line or any works or plant used or adapted for use for the
production, supply, storage or transport of water or fuel;
(b) damages or interferes with any material or property. forming part
of, or connected with, any harbour, railway, tram- way, waterway, road,
track, power station or transmission line, or forming part of, or
connected with, any works or plant used or adapted for use for the
production, supply, storage or transport of water or fuel:
(c) damages or interferes with any telegraph or telephone line or
apparatus or any wireless telegraph or telephone installation or any
other means of communication; or (d) damages or interferes with any
aircraft, air- craft material, aerodrome, landing ground or mooring; or
(e) does any act or is guilty of any omission cal- culated to obstruct
or to endanger the safety of any vessel, air- craft, vehicle, locomotive
or railway train;
shall be guilty of an offence against these regulations unless he proves
that he was acting by lawful authority or on a lawful
occasion.
in
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128. (1) The Governor in Council shall have power by order Power of to
proscribe any organization in the Colony which, in the opinion Governor
of the Governor in Council, is an organization which has among Council
to its aims, or is being used for, the spread of sedition or the
proscribe promotion of a general strike, or of disorder of any kind,
with- tion. in the Colony.
(2) Any person who shall do any act in furtherance of the objects of any
such proscribed organization shall be guilty of an offence against these
regulations.
(3) Any person who shall without lawful authority or excuse have in his