1967-HKRS30-8-57_Part04 — Page 32

Firework of which possession taken to be properly of Crown, and payment of compensation.

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(2) For the purpose of the exercise of the power conferred by paragraph (1), an authorized officer or any police officer, and any police officer or other public officer or person assisting him. may...

(a) enter and search any building or place, or any part of

any building or place; and

(b) slop, board and search any vehick,

if he knows or has reason to suspect that there is or may be therein any firework.

(3) For the purpose of ensuring that any firework of which possession may be taken under paragraph (1) is not disposed before possession thereof is so taken, any police officer who knows or has reason to suspect that there is or may be any firework in any building or place, or any part of any building or place, or any other police officer acting under the directions of any such police officer, may enter the building or place, or the part of the building or place, and remain therein until the same has been searched under paragraph (2) and possession has been taken under paragraph (1) of any firework that may be found therein.

(4) An authorized officer or any police officer may- (a) break open any outer or inner door of any building or place, or any part of any building or place, that he is empowered by these regulations to enter or search; (b) remove by force any person or thing obstructing any entry or search that he is empowered by these regula- tions to make or the taking of possession under para- graph (1) of any firework;

(c) detain any person found in any building or place, or any part of any building or place, that he is empowered by these regulations to enter or search until the same has been searched;

(d) detain any vehicle that he is empowered by these regula- tions to search until the same has been searched.

(5) The Commissioner of Mines may authorize any public officer, or the public officer for the time being holding any public office designated by him, for the purposes of this regulation.

4. (1) Any firework of which possession is taken under paragraph (1) of regulation 3 shall thereupon become the property of the Crown, and the Commissioner of Mines may at any time cause the same to be destroyed or otherwise disposed of.

(2) The person who was the owner of any firework at the time at which possession thereof was taken under paragraph (1)

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of regulation 3 shall, if he was lawfully in possession thereof, be entitled to compensation at such rate as the Commissioner of Mines shall determine.

(3) Different rates may be determined by the Commissioner of Mines under paragraph (2) in respect of different classes or types of firework.

5. Notwithstanding anything in the Dangerous Goods Ordin- ance, when possession is taken under paragraph (1) of regulation 3 of firework in the possession of a person to whom a licence to store firework has been granted under the said Ordinance, the licence shall thereupon be deemed to be revoked.

Licence to store firework revoked.

cases to notify possession of firework,

6. (1) Any person having any firework in his possession, Duty in certain custody or control at the commencement of these regulations, other than a person to whom a licence to store firework has been granted under the Dangerous Goods Ordinance, shall forthwith notify the Commissioner of Mines or the officer in charge of any police station, unless possession of the firework is taken under paragraph (1) of regulation 3.

(2) A person who contravenes paragraph (!) shall be guilty of an offence and shall be liable on conviction to a fine of two thousand dollars and to imprisonment for twelve months.

7. (1) During the continuance in force of these regulations, the proviso to paragraph (5) of regulation 10 of the Dangerous Goods (General) Regulations shall not have effect.

(2) In proceedings for an offence consisting of a contra- vention of any of the provisions of section 6 of the Dangerous Goods Ordinance in respect of manufactured fireworks in the possession of the defendant at the commencement of these regula- tions, where the quantity of manufactured fireworks in his posses- sion did not exceed fifty pounds in weight, it shall be a defence if the defendant satisfies the magistrate that he complied with paragraph (1) of regulation 6.

8. Notwithstanding anything in the Dangerous Goods Ordin- ance, a person who, during the continuance in force of these regulations, contravenes any of the provisions of section 6 of that Ordinance in respect of any firework shall be liable on conviction to a fine of eight thousand dollars and to imprisonment for three years.

9. Any person who obstructs an authorized officer or a police officer, or any police officer or other public officer or person assisting him, in the exercise of any power conferred on him by

Modification of Dangerous Goods (General) Regulations.

(Cxo, 395, mub, legd

Increase of penalty for unlawful possession or storage of firework.

Obstruction.