1949-HKRS30-8-39_Part05 — Page 20

Seduction from duty. disaffection and propa- ganda.

Offences bo

corpora- tions.

Alteration and improper 080 of licences And

permits.

84

Provided that a person shall not be guilty of an offence against this regulation by reason only of his taking part in, or peacefully persuading any other person to take part in, strike.

(2) The preceding provisions of this regulation shall apply in relation to any omission on the part of a person to do anything which he is under a duty, either to the public or to any person, to do, as they apply in relation to the doing of any act by a person.

(3) Any person convicted on indictment of an offence against this regulation shall be liable to a fine of ten thousand dollars and to imprisonment for ten years.

130. (1) Any person who-

(a) endeavours to seduce from his duty any member of His Majesty's regular forces or of any local naval, military or air force, corps or reserve or any person engaged in the per- formance of essential services or to cause among such persons disaffection likely to lead to breaches of their duty; or

(b) endeavours, whether orally or otherwise, to influence public opinion (whether in the Colony or elsewhere) in a manner likely to be prejudicial to the public interest; or

(c) dues any act, or has uny article in his possession, with a view to making, or facilitating the making of, any such endeavour;

shall be guilty of an offence against these regulations.

(2) A prosecution for an offence under this regulation shall not be instituted except with the consent of the Attorney General.

131. Where a person convicted of an offence against any of these regulations is a body corporate, every person who, at the time of the commission of the offence, was a director or officer of the body corporate shall be deemed to be guilty of that offence unless he proves that the offence was committed withou bis knowledge, or that he exercised all due diligence to prevent the commission of the offence.

132. If, with intent to deceive, any person alters or uses, or lends to, or allows to be used by any other person, a licence or permit granted or issued for the purposes of any of these re- gulations, or makes or has in his possession any document so

85

closely resembling such a licence or permit as to be calculated to deceive, he shall be guilty of an offence against these regula- tions.

133. A provision which constitutes or results in the con- Attempt to stitution of an offence shall be deemed to include a provision offence to

commit an that an altempt to commit or the doing of any act preparatory to be deemed the commission of such offence shall itself constitute an offence an offence. which may be dealt with and punished in like manner as if the offence had been committed : Provided that if any offence is punishable with death an attempt to commit or the doing of any act preparatory to the commission of such an offence shall not be punishable with any greater punishment than life imprison.

ment.

134. Nothing in these regulations shall affect the liability of Liability any person to trial and punishment for any offence otherwise for than in accordance with these regulations:

Provided that no person shall be punished twice for the same act or omission.

offences

I

135. For the avoidance of doubt it is hereby declared that, Obtaining where possession of any property or thing, or possession thereof possession,

where in specified circumstances, is an offence against these regulations, possession the obtaining of possession, or the obtaining of possession in a an those circumstances, of that property or thùng shall also constitute that offence.

offence.

136. (0) Any person who contravenes or fails to comply with General any of these regulations, or any order or rule made under any of penalties, these regulations or any direction given or requirement imposed under any of these regulations, shall be guilty of an offence against these regulations; and, subject to any special provisions contained in these regulations, a person guilty of an offence against any of these regulations shall-

(a) on summary conviction, be liable to a fine of five thousand dollars and to imprisonment for two years; or

(b) on conviction on indictment, be liable to a fine of ten thousand dollars and to imprisonment for five years.

(2) Where any offence against these regulations shall have been committed, whether any person shall have been con- victed in respect thereof or not, it shall be lawful for the Court or Magistrate to order to be forfeited to the Crown any article