1950-HKRS30-8-40_Part02 — Page 25

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(ta) Any person found in apparent possession, custody or control of a suspected apparatus or article may be charged before a magistrate with a breach of this regulation and shall on conviction thereof be liable to a fine not exceeding $1,000 or to imprisonment for a term not exceeding two months.

(16) Upon any such charge it shall be defence for the defendant to prove either that he was never in possession, custody or control of the suspected apparatus or article or that during such time as it was in his possession, custody or control such apparatus or article was not intended to be used and was never in fact used whether alone or in conjunction with any other article as a wireless transmitting apparatus or for facilitating wireless transmission.

(c) If upon such charge as aforesaid-

(i) the magistrate acquits the defendant he may nevertheless order that any suspected apparatus or article which he is satisfied is readily adaptable for use, whether alone or in conjunction with another apparatus or article, as a wireless transmitter shall remain in the custody of the competent authority during such period as sub- regulation (ta) may remain in force.

(i) the magistrate convicts the defendant the suspected apparatus or article shall be forfeited to the Crown.

(10) Any authorized officer who has reason to suppose that any apparatus or article when examined by a competent authority will be declared by such authority to be a suspected apparatus or article may seize and hold the same, in the first instance, for the purpose of causing such examination to be made, and thereafter, if such apparatus or article becomes a suspected apparatus or article, for the purposes of sub-regulations (14), (b) and (te) of this regulation," ;

(b) by the deletion of the first line of sub-regulation (2) and the substitution therefor of the following-

"Nothing in the preceding sub-regulations"; and

(c) by the deletion of the word "objects" in the fifth line of sub-regulation (3) and the substitution therefor of the words "apparatus or article",

4. Regulations 25 and 26 of the principal regulations are hereby amended by the deletion of the words "in writing" in the second line of each regulation.

Amendment of ragula- tions 26 and 28 of the principal regulations.

5. Regulation 29 of the principal regulations is hereby Amendment

of regula- amended-

tion 29 of the

(a) by the insertion of the words "authorized officer principal

regulations. or any" immediately after the word "Any" in the first line of sub-regulation (2) and

(b) by the insertion of the words "or by an authorized officer" immediately after the word "officer" in the second line of sub-regulation (3).

6. Regulation 36 of the principal regulations is hereby Amendment

19 of regula- amended by the insertion of the words "in prison custody or tion 30

of the immediately after the word "lawfully" in the first line thereof.

principal regulationa.

Regulation 57 of the principal regulations is hereby Repeal and repealed and replaced by the following-

Control of terri-

torial and colonial waters.

8.

following-

replacement of regula- tien 67 BT. The Governor if he considers it necessary or of the expedient in the public interest may by order provide regulations.

principal for prohibiting or restricting the use of territorial or colonial waters or any part thereof.""

Regulation 58 is hereby repealed and replaced by the Repeal and replacement of regula tion 68 **Control of 58. (1) The Commissioner of Police or any person of the

principal duly authorized by him may by order or by giving regulations. vehicle and directions or in any other manner-

roads and

travel by

temporary

control of

territorial

(4) close any road or restrict control or

waters and prohibit its use;

colonial

waters.

(b) restrict control or prohibit the travel- ling of any person in any train, tram or vehicle of any description whether mechanically propelled or not;

(c) prohibit or restrict for a specified period or until further notice entry into or movement within any part of territorial or colonial waters;