Regulation of persons who may function on behalf of any foreign
power.
Consent of fiovernor. Significa.
tion,
Certificate
of
པ༷ན་རྣམ་ར
(a) the government whether legal or de facto of any foreign state:
(b) any organization which in the opinion of the Governor is either politically associated with controlled by or in political opposition to any such government; but does not include any international organization of which the United Kingdom is a member;
and
+1
"foreign state' means any territory except-
(i) Republic of Ireland;
(ii) the territory of any member of the Commonwealth ;
(ii) any territory mandated or under trusteeship to ar administered by any such member:
"function" means to perform any ad or do any thing,
3. No person shall function on behalf of any foreign power without the consent of the Governor: Provided that this section shall not apply-
(a) to the accredited representative of any foreign state; (49) to any person exempted by order of the Governor;
(c) to such members of the staff of an accredited res presentative as ure in possession of a valid and subsisting certificate of exemption.
4. The consent of the Governor required by section 3 may be given subject to such condition or limitation whatsoever as the Governor may see fit to impose and shall in any event be revocable at will. Such consent may be signified under the hand of the Colonial Secretary or the Deputy Colonial Secretary,
5. A certificate of exemption for the purposes of paragraph exemption. (e) of the proviso to section 3 shall be issued under the hand of The Colonial Secretary and shall be valid for the period therein specified (including any period for which it is renewed) but shall in any event be liable to cancellation by the Colonial Secretary at any time and without reason assigned.
Power of Governor
1.0
6. (1) Whenever it shall appear to the Governor, on such evidence as he may deem sufficient, that any person is reasonably suspected of having contravened or of intending to contravene the search and provisions of section 3 he may by warrant under the hand of the
authorize
seizure.
Colonial Secretary authorize the search of any premises vessel or place upon or in which such person resides or carries on business or is suspected of having contravened or having intention to contravene the provisions of section 3 and such warrant shall be sufficient authority to any police officer of or above the rank of Inspector to enter at any time any premises vessel or place named in the warrant, if necessary by force, and to search such premises vessel ur place and any person found thereon and to seize anything which he may find on such premises vessel or place or on any such person which he considers to be evidence that an offence against this Ordinance has been or is about to be committed.
(2) The issue of a warrant under the preceding sub- section shall be sufficient authority for the police officer executing such warrant to seal any place or premises named in the warrant and to affix at the entrance to such place or premises a notice Ilmai such place or premises are sealed by virtue of the powers accorded by this section. Any person thereafter entering such premises or place without lawful authority or excuse shall be guilty of an offence and on summary conviction shall be liable to imprisonment for a term not exceeding three years and to a fine not exceeding three thousand dollars.
(3) If the person reasonably suspected is a firm, corporation, association or other organization of persons the expression "such person" in sub-section (1) of this section shull include the partners of such firm and the directors and officers of such corporation and the officers of such association or organization.
7. (1) Any person contravening the provisions of section 3 Penalties. shall be guilty of an offence and an conviction upon indictment Consent to
prosecution. shall be liable to imprisonment for a term not exceeding five years and to a fine not exceeding ten thousand dollars.
(2) Where a person convicted of an offence against this Ordinance is a body corporate, the chairman and every director and every officer of such body corporate at the time such offence was committed shall be guilty of that offence, unless he proves that the act or omission constituting the offence took place without his knowledge or consent.
(3) A prosecution for an offence under this section shall not be instituted except by or with the consent of the Attorney General.
Passed the Legislative Council of Hong Kong, this 2nd day of November, 1949.
stameth
Clerk of Councils.