Search for things intcoded for use in committing offences of criminal damage. 1971 c. 48, 4, 6.
lawful excuse apart from this subsection, be treated for those purposes as having a lawful excuse-
(a) if at the time of the act or acts alleged to constitute the offence he believed that the person or persons whom he believed to be entitled to consent to the destruction of or damage to the property in question had so consented, or would have so consented to it if he or they had known of the destruction or damage and its circumstances; or (b) if he destroyed or damaged or threatened to destroy or damage the property in ques- tion or, in the case of a charge of an offence under section 22, intended to use or cause or permit the use of something to destroy or damage it. in order to protect property belonging to himself or another or a right or interest in property which was or which he believed to be vested in himself or another, and at the time of the act or acts alleged to constitute the offence he believed-
(1) that the property, right or interest was in immediate need of protection; and
(ii) that the means of protection adopted or proposed to be adopted were or would be reasonable having regard to all the cir-
cumstances.
(3) For the purposes of this section it is im- material whether a belief is justified or not if it is honestly held.
(4) For the purposes of subsection (2) a right or interest in property includes any right or privilege in or over land, whether created by grant, licence or otherwise.
(5) This section shall not be construed as cust- ing doubt on any defence recognized by law as a defence to criminal charges.
25. (1) If it is made to appear by information on Oath before a magistrate that there is reasonable cause to believe that any person has in his custody or under his control or on his premises anything which there is reasonable cause to believe has been used or is intended for use without lawful excuse-
(Ca. 221)
Evidence in conexion
with
offences under this Parl.
1971 6. 48, . 9.
(a) to destroy or damage property belonging to
another; or
(b) to destroy or damage any property in a way
likely to endanger the life of another.
the magistrate may grant a warrant authorizing a police officer not below the rank of inspector, to- gether with any other police officers, to search for and seize that thing.
(2) Any police officer who is authorized under this section to search premises for anything, may enter (if need be by force) and search the premises accordingly and may seize anything which he believes to have been used or to be intended to be used as aforesaid.
(3) Section 102 of the Criminal Procedure Ordinance (which makes provision for the disposal of property connected with offences) shall apply to property which has come into the possession of the police under this section as it applies to property which has come into the possession of the police in the circumstances mentioned in that section.
26. A person shall not be excused, by reason that to do so may incriminate that person or the wife or husband of that person of an offence under this Part-
(a) from answering any question put to that person in proceedings for the recovery or administration of any property, for the execution of any trust or for an account of any property or dealings with property; or (b) from complying with any order made in
any such proceedings,
but no statement or admission made by a person in answering a question put or complying with an order made as aforesaid shall, in proceedings for an offence under this Part, be admissible in evidence against that person or (unless they married after the making of the statement or admission) against the wife or husband of that person.".
4. (1) The Malicious Damage Ordinance is repealed. (2) The enactments specified in the first column of the Schedule are amended to the extent and in the manner set out in the second column of the Schedule.
Repeal, amendments and savings. (Cap. 2111 Schedule.