1960-HKRS29-8-27_Part04 — Page 2

Hrubouring,

clc, member

of the Force on duty.

Unautharized wearing of Force

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28. Any keeper of any place for the entertainment of the public, whether spirituous liquors are sold therein or not, who knowingly harbours or entertains any member of the Force on duty or permits any member of the Force to remain in such place while on duty shall be guilty of an offence and shall be liable on summary conviction to a fine of two hundred and fifty dollars.

29. If any person who is not a member of the Force wears, without the permission of the Commandant, the uniform of the Force or any uniform, etc. dress having the appearance, or bearing any of the distinctive marks, of that uniform, he shall be guilty of an offence and shall be liable oa summary conviction to a fine of two hundred and fifty dollars.

Dispossi of things scized

under section 20.

PART V.

Supplementary and Miscellaneous.

30. (1) If, within forty-eight hours of its seizure, the owner of anything seized under the provisions of section 20 makes a claim to the Director for its return, the Director shall, if he is satisfied that the claimant is the owner of such thing and if such thing is not detained or otherwise dealt with under the provisions of any other enactment or required as an exhibit in any proceedings, return such thing to the claimant or, if it has been sold or otherwise disposed of under the provisions of the proviso to that section, pay to the claimant such sum by way of compensation as be may consider just.

(2) If no claim for the return of anything seized under the provi sions of section 20 is made to the Director within forty-eight hours of its seizure, such thing shall become the property of the Crown and may be sold or disposed of in such manner as the Director may direct;

Provided that--

(a) nothing in this subsection shall be construed to prevent the immediate disposal of perishables under the provisions of the proviso to section 20: and

(b) any person who considers himself aggrieved by such seizur may, within seven days thereafter, complain to the court, and the court shall, if satisfied-

() as to the title of the complainant; and

(ii) that no scheduled offence was committed by the com plainant or by any other person in relation to the article of thing in respect of which the complaint is made.

direct either that such thing be returned to the complainant of. if it has been sold or otherwise disposed of, that such sum by

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way of compensation be paid to the complainant as it may consider just.

31. The provisions of section 48 of the Magistrates Ordinance shall Application apply to any property which has come into the possession of any of for

of section member of the Force in connexion with any scheduled offence or an Magistrates offence under section 23, 25 or 29 as they apply to property which bas Ordinance. come into the possession of the police in connexion with any criminal (Cap. 227).

offence.

Force action

32. In case any action is brought against any member of the Force Protection of for any act done in obedience to the warrant of any magistrate issued member of under the provisions of subsection (5) of section 19, such member shall in obedience not be responsible for any irregularity in the issuing of the warrant or to warrant. for any want of jurisdiction in the magistrate issuing the same and he may plead the general issue and give such warrant in evidence, and, on production of the warrant and proof that the signature thereto is the handwriting of a person reputed to be a magistrate and that the act was done in obedience to the warrant, the court or jury shall find a verdict or give judgment for the defendant who shall also recover his costs of suit.

33. The Governor in Council may by order amend, or add any Amendment enactment to or delete any enactment from, the First Schedule.

Schedule.

of Firu

34. For the avoidance of doubt, it is hereby declared that the Saving in provisions of the Police Force Ordinance shall, subject to the provisions respect of of this Ordinance, continue to apply in all respects to the Commandant. Police Force

application of the inspectors of the Force and any non-commissioned officers who are Ondinance to appointed on secondment from the Police Force.

members of Forec appointed by Commissioner of Police, ele.

(Cap. 132)

35. Nothing in the provisions of section 11 shall be deemed to Saving in affect the application to any non-commissioned officer to which that relation to

application of section applies or to any constable of Colonial Regulations, so far as Colonial they are applicable, or the General Orders of the Government, so Regulations however that no such officer or constable shall be liable to be proceeded against under those Regulations or Orders in respect of any act or Orders. omission which has been the subject of disciplinary proceedings before the Commandant under the provisions of the said section 11.

and Govern- ment General

36. Nothing in the provisions of this Ordinance shall be deemed Saving in to affect the right of the Crown to dismiss or terminate the appointment relation to

any member of the Force and without compensation.

prerogative

rights of Crown.

of