1965-HKRS30-8-56_Part03 — Page 12

Enforcement

of regulations

as to use,

Provided that in the case of the ignition apparatus of an internal combustion engine the use of the apparatus shall be deemed to comply with the said requirement if the person using the apparatus establishes- (a) that suppressors were fitted to the apparatus by the manufac

turer, assembler or importer of the vehicle, vessel or engine of which the apparatus forms part; and

(b) that the suppressors so fitted remained fitted to the apparatus at the time of use, or that suppressors having the same electrical characteristics had been correctly fitted to the apparatus at that time in substitution for those fitted as afore- said, and in either case that the suppressors were then in good electrical and mechanical repair and condition; and

(c) that the apparatus at the time of the use consisted of the same components as those which were fitted at the time when the vehicle, vessel or cagine of which the apparatus forms pan was manufactured or assembled, or that any components which had been substituted for those components had the same electrical characteristics and had been correctly fitted.

(2) Save as provided in paragraph (3) and in regulation 9, it shall || not be unlawful for any person to use any apparatus to which these regulations apply by reason only that it does not comply with the requirement referred to in regulation 7, but the non-compliance there- with shall be a ground for the giving of a notice under regulation 5,

(3) Any person who, after the expiry of a period of twelve months from the day on which these regulations are published in the Gazette. uses any internal combustion engine the ignition apparatus of which does not comply with the requirement referred to in regulation 7 shall be guilty of an offence and shall be liable on summary conviction, in the case of the first such offence, to a fine of one hundred dollars and. in the case of any subsequent such offence, to a fine of five hundred dollars.

5. (1) If the Authority is of the opinion-

(a) that any apparatus to which regulation 4 applies does not comply with the requirement referred to in regulation 7: and either

(6) that the use of the apparatus is likely to cause undue inter- ference with the working of any apparatus for telecommunice- tion used for the purpose of any safety of life service or for any purpose on which the safety of any person or of any vessel, aircraft or vehicle may depend; or

(c) that the use of the apparatus is likely to cause undue inter- ference with the working of any other apparatus for the

communication and in fact has caused or is causing such interference in a case where he considers that all reasonable steps to minimize interference have been taken in relation to the station or apparatus receiving the telecommunication, he may serve on the person in whose possession the apparatus is a notice in writing requiring that, after a date fixed by the notice, not being less than fourteen days from the date of service thereof, the apparatus shall not be used, whether by the person to whom the notice is given or otherwise, or, if the Authority thinks fit so to frame the notice, shall only be used in such manner, at such time and in such circumstances as may be specified in the notice :

Provided that if the Authority is satisfied that the use of the apparatus concerned is likely to cause undue interference such as is referred to in sub-paragraph (b), the date fixed by the notice may, in the discretion of the Authority, be the date of service of the notice or any other date earlier than fourteen days from the date of service. (2) If the Authority is satisfied that the use of any apparatus to which regulation 4 applies is likely to cause undue interference such as is referred to in sub-paragraph (b) of paragraph (1) and that the circumstances of the case warrant the service of a notice under that paragraph requiring that the apparatus shall not be used from the date of service of the notice, be may, in addition to the service of such a notice and either before or after the service of the notice, seal the apperatus in such manner, or remove such part thereof, as ensures that the apparatus is not used, but in such a case, where the apparatus is scaled or a part thereof is removed before the service of the notice, the notice aforesaid shall be served within three days after the apparatus is sealed or the part removed therefrom.

(3) A notice under paragraph (1) may be revoked or varied by a subsequent notice in writing by the Authority served on the person in whose possession the apparatus then is:

Provided that-

(a) where a notice under this paragraph has the effect of imposing any additional restrictions on the use of the apparatus, the provisions of paragraph (1) relating to the coming into force of notices shall apply in relation to the notice as if it had been a notice served under that paragraph; and

(8) where the Authority is satisfied that the apparatus has been altered or otherwise made to comply with the requirement referred to in regulation 7, he shall revoke the notice and forthwith break the seal (if any) on, or replace the part (if any) removed from, the apparatus.

(4) No person, being a person who knows that a notice of the Authority under this regulation is in force with respect to any