1949-HKRS30-8-39_Part04 — Page 49

Authenticated Laws 確真本香港法例 All

Power Lo seize

weapon.

General

control of

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duty of the person effecting arrest or detention under regulation 29 to report such arrest or detention to a police officer of the rank of sub-inspector or above with all convenient speed.

(2) Whenever any person has been arrested by a police officer under section 49 of the Police Force Ordinance, 1948, because such person has been reasonably suspected of being guilty of an offence against these regulations or has been arrested or detained pursuant to the provisions of regulation 29 or of sub- regulation (1) of this regulation it shall be lawful for a police officer of the rank of Superintendent of Police or above if he is satisfied that the necessary inquiries cannot be completed within a period of forty-eight hours from the time such person was first arrested or detained, to authorize the further detention of the person detained for an additional period not exceeding seven days but he shall, on giving any such authorization, forthwith report the circumstances to the Commissioner of Police.

(3) Any person detained under regulation 29 shall during the first 24 hours of his detention be deemed to be in lawful custody wherever detained and thereafter slinil he deemed to be in lawful custody if detained in accordance with the provi sions of this regulation in any prison or in any police station or in any similar place authorized generally or specially by the Colonial Secretary or if he is in the course of being taken to or transferred from any such prison, station or place.

41. (1) Any authorized officer may without warrant-

(a) enter and search any premises;

(b) stop and search any vessel, vehicle or individual. whether in a public place or not,

if he suspects that any offensive weapon of any nature whatsoever or anything which can be adapted or used as an offensive weapon is likely to be found on such premises or individual or in suchı vessel or vehicle, and may seize any weapon or thing so found. (2) No woman shall be searched under this regulation except by a woman.

PART IV

Control of harbours, ports and territorial waters of the Colony and movements of vessels and aircraft.

42. (1) The Governor may by order make provision as to navigation. the places in or to which vessels may be or go, and generally for regulating the movements, navigation, pilotage, anchorage,

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mooring, berthing and lighting of vessels within the harbours and territorial waters of the Colony, and any order made under this regulation is hereafter in these regulations referred to as "a navigation order."'

(2) If, in the case of any vessel, a navigation order is contravened or not complied with, the master of the vessel shall be guilty of an offence against these regulations.

(3) An authorized officer may, in relation to any vessel, ake such steps, and use such force, as may appear to that person to be reasonably necessary for securing compliance with any order under this regulation relating to the vessel, or, where an offence against this regulation has occurred in the case of the vessel, for enabling proceedings in respect of the offence to be effectually taken.

(4) This regulation shall apply in relation to seaplanes on the surface of the water as those provisions apply in relation to vessels, and seaplanes taking off from, or alighting on, the water shall be deemed, for the purpose of this regulation, to be on the surface of the water while in contact therewith.

43. (1) Except under Governor

permission

granted by the Control of

(a) no light, buoy, beacon or other apparatus used in the Colony for the purpose of aiding navigation in or on the water, shall be discontinued, altered or removed; and

(b) no variation shall be made in the mode of ex- hibiting or operating any such light, buoy, beacon or other apparatus.

may.

(2) The Governor, and any person acting on his behalf, If it appears to him to be necessary in the public interest so to do, give directions for prohibiting or restricting the exhibition or operation of, or requiring the removal, alteration or conceal- ment of, or the making of any variation in the made of exhibiting or operating, any such light, buoy, bracon or other apparatus as aforesaid.

(3) If this regulation, or any direction given under this regulation, is contravened or not complied with in the case of any light, buoy, beacon or other apparatus, the person responsible for the maintenance of the light, buoy, beacon or apparatus, as the case may be, shall be guilty of an offence against these regula- tions; and, in the case of a failure to comply with any such

lighthouses, etc.

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