Ordinance
No. 18 of 1936.
20
(2) Nothing in any order made under sub-regulation (1) shall restrict the doing of anything by any servant of the Crown acting in the course of his duty as such, or apply in relation to any apparatus in respect of which there is in force a licence under the Telecommunication Ordinance, 1936, authorizing the use of the apparatus for transmission or in relation to any article forming part of any such apparatus; and in any proceedings taken by virtue of sub-regulation (1) against any person by reason of his having in his possession or under his control any article not forming part of any such apparatus, it shall be a defence for him to prove that at the material time he had the article in his possession or under his control for the purpose only of the operation of an apparatus in respect of which such a licence was then in force.
(3) In any proceedings arising out of a contravention of sub-regulation (1) of this regulation, it shall be a defence for the defendant to prove that at the date of the contravention application had been made by him (for the first time) for the necessary permit in relation to the objects in respect of which the proceedings are taken, and that the application was still pending at that date.
(4) A competent authority may by order provide for prohibiting in certain circumstances, and otherwise for regulating the use of wireless transmitting apparatus; and if any apparatus is used in contravention of an order under this sub-regulation, then (without prejudice to any proceedings which may be taken against any other person) the occupier of the premises on which the apparatus is situated or, where the apparatus is on board any vessel or aircraft, the master of the vessel or the pilot of the aircraft, as the case may be, shall cach be guilty of an offence against these regulations!
Provided that, in any proceedings which, by virtue of this sub-regulation, are taken against any person in respect of the use of any apparatus by some other person in contravention of such an order, it shall be a defence for the defendant to prove that the apparatus was so used without his permission and that he exercised all due diligence to prevent any contravention of the
order.
(5) An authorized officer may, in relation to any ship or aircraft, take such steps, and use such force, as may appear lo that person to be reasonably necessary for securing compliance with any order under sub-regulation (4) of this regulation relating
་
to the ship or aircraft, or, where a contravention of such an order has occurred in the case of the ship or aircraft, for enabling proceedings in respect of the contravention to be effectually taken.
(6) The Governor in Council or the Governor, as the case may be, in his discretion may refuse to grant a licence under the Telecommunication Ordinance, 1936, and may revoke at any Ordinance time a licence granted under such Ordinance.
22. No person shall knowingly-
No. 18 of 1936.
Inter ference
telegraphic
(a) cause interference with the sending or receiving with of communications by means of wireless telegraphy, wireless eptamu- telephony or wireless television; or
nications.
(b) cause interference with, or intercept, telegraphic or telephonic communications made otherwise than by the said
MICANS :
Provided that this regulation shall not apply to anything done by, or with the permission or under the direction of, any Servant of His Majesty or authorized officer acting in the course of his duty as such.
23. (r) Subject as hereinafter provided no person shall make Signalling. any signal in such circumstances as to show that the signal-
(a) is intended to be received by a person on board
a vessel at sea or an aircraft in flight; or
interest :
(b) is made for a purpose prejudicial to the public
Provided that the preceding provisions of this regulation shall not restrict the making of any signal by any servant of His Majesty or police officer acting in the course of his duty as such, the making of any signal for the purpose only of saving life or of regulating or aiding the navigation, on the water or in the air, of any vessel or aircraft other than a vessel or aircraft being used in the service of an enemy, or in a manner prejudicial to the public interest, or the making of any signal with permission granted by or on behalf of a competent authority.
(2) Any person convicted of the offence of making a signal in such circumstances as show that the signal is made for 9 purpose prejudicial to the public interest shall be guilty of an offence against these regulations and Hable on conviction thereof on indictment to a fine of ten thousand dollars and to imprisonment for fourteen years.
No comments yet.
Private notes are available after approval.