Ordinance
No. 16 of 1946.
Prohibi. tion of sketching.
Penaltirs,
Penalty on person attempting to sketch prohibited place, etc.
"military purposes" means the purposes of any of His Majesty's regular forces or any local naval military air or police force corps or reserve;
"model" includes design pattern and specimen;
"munitions of war" includes the whole or any part of any ship, submarine, aircraft, tank or similar engine, arms and ammunition, torpedo or mine, rocket, bomb or projector therefor, intended or adapted for use in war, and any other article, material, or device, whether actual or proposed, intended for such use;
"prohibited place" means any protected place, any closed area, any military premises and any place which is for the time being declared by order of the Governor to be a prohibited place for the purposes of this section on the ground that information with respect thereto or the destruction or obstruction thereof or interference therewith would be useful to an enemy or potential enemy or would be prejudicial to the security of the Colony;
"protected place" means any place which has been declared to be a protected place under section a of the Protected Places (Safety) Ordinance, 1946;
"sketch" includes any photograph or other mode of representing any place or thing.
3. It shall not be lawful for any person, without lawful authority to make or attempt to make or have in his possession, custody, or control, any sketch model or plan of any prohibited place or of any munitions of war.
4. Any person who contravenes the provisions of section 3 shall be guilty of an offence and shall upon summary conviction be liable to a fine not exceeding two thousand dollars, or to imprisonment for any term not exceeding six months, and all such skerches, models and plans shall be liable to forfeiture.
5. Any person found in the immediate vicinity of any prohibited place or any munitions of war and with materials or apparatus for making a sketch model or plan in his possession, with the intention of contravening the provisions of section 3, shall be guilty of an offence and shall upon summary conviction be liable to a fine not exceeding five hundred dollars, or to imprisonment for any term not exceeding two months,
6. Any person who, without lawful authority, is found in Trespas
ing on
or upon any prohibited place, other than a protected place or prohibited closed arca, shall be guilty of an offence and shall upon summary place. conviction be liable to a fine not exceeding five hundred dollars, or to imprisonment for any term not exceeding six months.
7. It shall be lawful for the Commissioner of Police or for Power to
search for any police officer authorized by him to search the baggage, and seizo apartment and premises of any person found committing any illegal
sketchon, offence against this Ordinance, and to take possession of any etc. sketches models or plans which may appear to him to have been illegally made, and to detain and deal with the same in such manner as may be directed by a magistrate.
offender.
B. Any member of His Majesty's regular forces or of any Arrest of local naval military or air force corps or reserve and any police officer may, with or without any warrant or other process, appre- hend or cause to be apprehended any person offending against this Ordinance or suspected of so offending, and may bring him or cause him to be brought before a magistrate for the purpose of being dealt with according to law.
Bearb
9. Whenever it appears to any magistrate upon the oath Issue of of any person of repute that there is good cause to believe that warrant. there is in any house, shop, room, or other place any sketch, model or plan, in respect of which it may appear that an offence has been committed against this Ordinance, such magistrate may by warrant directed to any police officer empower such officer to enter the same with such assistance as may be necessary in the day-time, and if necessary to use force by breaking open doors or otherwise and search for and seize any such sketch, model or plan found therein, and to arrest any person who may appear to have such articles so seized in his possession, custody or control.
8 9 11
10. Nothing in this Ordinance shall derogate from the Baving. provisions of the Official Secrets Act, 1911,
Qeo. 6,
c. 29.1
11. The Defences (Sketching Prevention) Ordinance, 1895. Repeal. is hereby repealed.
Ordinance No. 1 of 1895,
Passed the Legislative Council of Hong Kong, this gth day of August, 1950,
Alltam
Clerk of Councils.