1949-HKRS30-8-39_Part05 — Page 9

Authenticated Laws 確真本香港法例 All

Publicity

of orders.

Alfixing of notices.

Admission of statements

64

A3.

When any order or rule is made or direction given, the Governor or other authority making such order or rule or giving such direction shall cause notice of the effect of it to be given as soon as may be in such manner as he thinks necessary for bringing it to the notice of all persons who in his opinion ought to have notice of it, and such orders, rule or direction shall have effect as soon as notice as aforesaid has been given, without publication in the Gaselle.

(2) Without prejudice to any special provisions con- tained in these regulations, a notice to be served on any person for the purposes of any of these regulations may be served by leaving it at, or by sending it by post in a letter addressed to that person at, his last or usual place of abode or place of business.

84. Any authorized officer may, for the purpose of these regulations, affix any notice to, or cause any notice to be dis played on, any premises, vehicle or vessel, and may, for the purpose of exercising any power conferred by this regulation, enter any premises at any time; and where any authorized officer affixes a notice, or causes a notice to be displayed, in pursuance of this regulation, no person other than an authorized officer shall remove, aller, deface or obliterate the notice.

any

85. (1) When any person is charged with offence against these regulations, any statement, whether such statement

in evidence. amounts to a confession or not or is oral or in writing, made at any time, whether before or after such person is charged and whether in the course of a police investigation or not and whether or not wholly or partly in answer to questions, by such person to or in the hearing of any police officer of or above the rank of Inspector shall, notwithstanding anything to the contrary contained in any Jaw applicable to the Colony, be admissible at his trial in evidence and, if such person tenders himself as a witness, any such statement may be used in cross-examination and for the purpose of impeaching his credit:

Provided that no such statement shall be admissible or used as aforesaid-

(a) if the making of the statement appears to the Court to have been caused by any inducement, threat or promise having reference to the charge against such person, proceeding from a person in authority and sufficient in the opinion of the Court to give such person grounds which would appear to him reasonable for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceeding against him; or

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(b) in the case of a statement made by such person after his arrest, unless the Court is satisfied that, before making such statement, a caution was administered to him in the following words or words to the like effect: "It is my duty to warn you that you are not obliged to say anything or to answer any question, but anything you say, whether in answer to a question or not, may be given in evidence at your trial'',

(2) Notwithstanding anything to the contrary contained in any law applicable to the Colony a person accused of an offence to which sub-regulation (4) of this regulation applies shall not be bound to answer any questions relating to such case after any such caution as aforesaid has been administered to him.

(3) This regulation shall apply in relation to any person tried after the commencement of these regulations whether or mot the proceedings against such person were instituted and whether or not the relevant statements were made, before such commencement.

ไพล in

86. Notwithstanding, anything to the contrary contained in Trials may any law applicable to the Colony, a Court may order that the camera. whole or any part of any trial before it for any offence against these regulations shall take place in a closed court if it is satisfied that it is expedient in the interests of justice or of public order, safety or security so to do.

87, (1) Any article coming into the possession of an executive Disposal of authority (whether in consequence of the seizure of the article articles in possession under any of these regulations or otherwise) which the authority of

executive has reasonable grounds for believing to be evidence of the com- authority. mission of an offence against these regulations, may be retained for a period of one month or, if within that period there are commenced proceedings in respect of such an offence in which the article is, or can properly be, adduced in evidence, or proceedings under the following provisions of this regulation in respect of the article, until the final determination of those proceedings; and any article retained by virtue of this regulation is hereafter in this regulation referred to as “a retained article". (2) Where proceedings are taken in respect of an offence against these regulations, being proceedings in which a retained article is, or can properly be, adduced in evidence, the court or magistrate by or before which or whom the alleged offender is tried may make an order—

article; or

(a) authorizing the destruction or disposal of the

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