1948-HKRS28-8-15_Part03 — Page 33

Fager priats, photo- graphs, etc.

Protection of police officer

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provision of any such enactment as regulates the sale of food- stuffs elsewhere than in public markets: Provided that nothing in this section shall be deemed to authorise the arrest of any offender unless the contravention is committed in a highway or other public place.

58. It shall be lawful for any police officer to take the photograph finger prints weight and measurements-

(a) of any person who has been arrested under the powers conferred by this or any other law, and

offence :

(b) of any person who has been convicted of any

Provided that if any such person who has not previously been convicted of any offence shall have been photographed and measured, be discharged by a magistrate or acquitted upon his trisl, all photographs (both negatives and copies) finger print impressions and records of weight or measurement so taken shall be forthwith destroyed or handed over to such person.

59. In case any action is brough against any police officer for any act done in obedience to the warrant of any sracution of magistrate, such officer shall not be responsible for any

acting in

Penalty or victualler,

etc.,

barbouring police officer

while on duty.

Penalty on person aaaauiting, atc., police officer in execution of duty, or mrteleading officer by false

information.

irregularity in the issuing of the warrant or for any want of jurisdiction in the magistrate issuing the same and he may plead the general issue and give such warrant in evidence; and on production of the warrant and proof that the signature thereto is the handwriting of a person reputed to be a magistrate and that the act was done in obedience to the warrant, the jury or court shall find a verdict or give judgment for the defendant who shall also recover double his coats of suit.

60. Every keeper of any place for the entertainment of the public whether spirituous liquors are sold thereon or not, who knowingly harbours or entertains any police officer on duty, or permits him to remain in such place while on duty, shall upon summary conviction be liable to a fine not exceed- ing two hundred and fifty dollars.

61. Every person who assaults or resists any police officer acting in the execution of his duty, or aids or incites any person so to assault or resists, or refuses to assist any such officer in the execution of his duty when called upon to do so, or who, by the giving of false information with intent to defeat or delay the ends of justice, wilfully misleads or attempts to mislead any such officer, shall upon summary conviction be liable to a fine

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not exceeding two hundred and fifty dollars and to imprison- meat for any term not exceeding six months.

duty and

62. (1) On the application of any person the Commis. Special sioner may, if he thinks fit, detail any police officer or police expenses officers to do special police duty in upon or about any premises thereof, or business or vessel specified by the applicant.

(2) The applicant shall pay to the Commissioner for the services of any such officer or officers so detailed such fees as the Commissioner may think fit.

(3) All fees so received by the Commissioner shall be paid by him into the Treasury forthwith to the credit of the Police Welfare Fund and be accounted for monthly; and every sum of money due for such services shall be deemed a debt due to the Crown and shall be recoverable by the Financial Secretary in like manner as other Crown debts in respect of fees and otherwise under the Crown Remedies Ordinance, 1875. No. 6 of

PART VIII.

REPEAL.

Ordinance

1876.

Ordinances

63. The Police Force Ordinance, 1982, the Police Force Repeal. Amendment Ordinance, 1934, the Police Force Amendment Now. Ordinance, 1936, and sections 2, 3 and 4 of the Police Force 37 of 1932, and Peace Preservation Amendment Ordinance, 1938, are 2 of 1936. hereby repealed.

1.

SCHEDULE. (Section 27).

OATH OF OFFICE.

awear by Almighty God that I will obey, uphold and maintain the laws of the Colony of Hong Kong and that I will at all times execute the powers and duties of my office honestly faithfully and diligently without fear of or favour to any person and with malice or ill will toward none.

AND I do further swear that I will at all times obey without question the lawful orders of those set in authority over me.

Sworn before me this

..day of

19......

Magistrate/Justice of the Peace.

36 of 1934,

22 of 1938

Schedule.