1949-HKRS30-8-39_Part04 — Page 38

Appoint-

ment of

censor and

(a) for the purposes of all or any of these regula tions, any public officer authorized in that behalf by the Governor;

(b) for the purposes of all or any of these regula. tions, any person, or member of a class of persons, performing duties of a public nature, authorized in that behalf by the Governor;

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(c) a person holding a commission in any of His Majesty's regular forces, or in any local naval, military or air force, corps or reserve.

PART 11.

Censorship and Control of Publications and means of Communication.

5. (0) The Governor may appoint a censor of postal packet and telegrams and such number of assistant and deputy assistant censorship, Censors as he shall think fit, and the word “censor" in these

regulations includes any assistant censor so appointed.

Prohibited

matter.

(2) The Governor may by warrant under his hand authorize the Postmaster General and any person in charge of cable and radio stations to detain and produce to the censur ail postal packets and telegrams coming into their possession either for transmission or delivery.

(3) The censor, or any person authorized by him, may open, examine, censor or detain either permanently or for so long a period as he may deem necessary any postal packet or telegram of any description whatsoever which may be in course of, or intended for, transmission to, from or through the Colony,

(4) Any person who without lawful authority transmits any telegram at any place in the Colony or on any vessel or air- craft within the territorial waters thereof unless such telegram has first been passed for transmission by the censor is guilty of an offence against these regulations.

8. (1) A competent authority may by order prohibit generally or specially the publishing in publications of matter de publishing of which, in his opinion, would be, or be likely to be or become, prejudicial to the public interest.

(2) Any person who publishes any matter in contraver- tion of an order under this regulation and the proprietor and editor of the publication in which it is published and the person who wrote, printed, drew or designed, the matter shall be guilty of an offence against these regulations.

7. (1) A competent authority may by order prohibit the Prohibited

publicat- importation or exportation, or the printing or publishing of any Riorts. particular publication or of any publication of a particular kind (ef, or character, the importation, exportation, printing or publish- Ordinance ing of which, in his opinion, would be, or would be likely to 1988.) be or become, prejudicial to the public interest. Such prohibi- tion shall be deemed to extend to any copy or portion of such publication.

(a) Whenever the publication affected by an order made under sub-regulation (1) of this regulation is a periodical publication the order shall be deemed to extend to any future issue of such publication but shall not unless the same or a sub- sequent order so provides be deemed to extend to any past issue of such publication.

(3) Any person who contravenes any order under this regulation and the proprietor and editor of the publication in relation to which the contravention occurs, and any person (unless in the opinion of the Court he ought fairly to be excused) who has in his possession or control or in premises of which he is the occupier, any publication prohibited under this re- gulation or who posts, delivers or receives any such publication, shall be guilty of an offence against these regulations.

A competent authority shall have power to detain, open General and examine or to direct the detention, opening and examinution power of examina- Lion, etc.

(a) all postal packets and telegrams; and

(b) all printed or written malter and all packages, articles and things subject to examination by the postal or customs authorities which may contain any printed or written matter, and to withhold from delivery or destroy any postal packet or telegram or any printed or written matter which con- tains anything which the competent authority considers to be, or to be likely to be or become, prejudicial to the public interest and the competent authority and any authorized officer acting by general or special arrangement with him, shall have all such powers as are necessary or appropriate for the carrying out of all such measures.

9. (1) Any officer authorized generally or specially in that Examina- behalf by or on behalf of the Postmaster General may require tion, etc. of postal the sender of a postal packet, at the time of submitting the packets. packet to a post office, to expose the contents of the