1952-HKRS30-8-42_Part01 — Page 23

Authenticated Laws 確真本香港法例 All

False statements in

(5) The application and declarations mentioned in sub- regulations (3) and (4) shall be deemed to have been made subject to such terms and conditions as may be endorsed thereon.

4. Any person who being required by virtue of these regulations to make any declaration, statement or representation application or to produce any certificate, undertaking, declaration or docu- ment, or who for the purpose of obtaining an Essential Supplies Certificate-

HT

declara- tion.

Penalty

of

on breach

condition

of

OF

tion.

Or

(a) makes or presents any declaration, statement or represen- tation which is false in a material particular or by reason of the omission of any material particular; or (b) produces any certificate, undertaking, declaration

document which is false in any material particular or by reason of the ontission of any material particular, or has not been given by the person by whom it purports to have been given or has been in any way altered or tampered with,

shall be guilty of an offence unless he proves that he has taken all reasonable steps to ascertain and satisfy himself of the truth and genuineness thereof and shall be liable on summary conviction to a fine of one hundred thousand dollars and imprisonment for three years.

5. Upon proof of the contravention of any term or condi- tion subject to which any application or declaration made under sub-regulation (3) or (4) of regulation 3 shall have been deemed application to have been made by virtue of sub-regulation (5) of regulation 3, declara- the person making such application or declaration as the case may be shall unless he proves that such contravention occurred without his knowledge and that he could not with the exercise of reason- able diligence have prevented its occurrence, be deemed to be guilty of an offence and shall be liable on summary conviction to a fine of one hundred thousand dollars and imprisonment for three years.

Power of

arrest.

search

and

aeizure,

6. (1) It shall be lawful for any public officer authorized by the Director in writing in that behalf either generally or for a particular occasion--

(a) to arrest and bring before a magistrate any person whom such public officer may have reason to suspect of having committed an offence against these regulations;

(b) to search the person and property and effects of any person whom it may be lawful for such public officer to arrest : Provided that ng female person shall be searched except by a female, and provided that no person shall be searched in a public place if he objects to be so searched; (c) to search any place or vessel (not being a ship of war) or aircraft in which such public officer may have reason to suspect that there may be anything-

(1) with respect to which any offence against these

regulations may have been committed; or

(ii) which may be evidence of the commission of any

such offence;

(d) to seize, remove and detain any goods with respect to which any offence against these regulations may appear to have been committed or anything which may appear to be or to contain evidence of the commission of any such offence including all account books and corres- pondence.

(2) Such public officers may...

(a) break open any outer or inner door of or in any sucli

place;

(b) forcibly enter any such aircraft or vessel and every part

thereof;

(c) remove by force any personal or material obstruction to any arrest, detention, search, seizure or removal which he is empowered to make;

(d) detain every person found in such place or on board such aircraft or vessel until such place or aircraft or vessel has been searched.

(3) No person shall obstruct any detention, arrest, search, seizure or removal which is authorized by these regulations,

I. (1) All goods in respect of which an offence against the provisions of these regulations (including an attempt to commit an offence) has been committed whether any person has been con- victed of such offence or not shall be forfeited to the Crown.

(2) Whenever any goods have been seized, unless in the possession of or in the presence of the offender, or owner, and are detained as forfeited under these regulations, the Director shail give notice in writing of such seizure and detention and of the grounds thereof to the owner of such goods, if known, either

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