TNAG-1400-FCO40-1872-Future-of-Hong-Kong-Ministry-of-Defence-(MOD)-property-1985 — Page 143

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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1980 Ed.]

Defences (Firing Areas)

[CAP. 195

7. No person shall trawl, dredge or search for or otherwise interfere with any shot, shell, torpedo or other projectile or portions thereof within any of the firing areas, or take or retain, or be in possession of, any such shot, shell, torpedo or other projectile, or portions thereof, found within any of such areas. Any person who, when trawling, dredging, or in any manner whatsoever, shall come into possession of any such shot, shell, torpedo or other projectile, or any portion thereof, within any of the areas, shall not retain it, but shall immediately return it in its existing condi- tion, and without tampering with it, into the water:

Provided, nevertheless, that the provisions of this section shall not apply in cases of persons who recover torpedoes or projectiles under written instructions from the local naval or military authorities.

(Amended, 4 of 1957, s. 4)

8. (1) Any person doing anything prohibited by or other- wise contravening section 6 or 7 shall be deemed to commit an offence.

(2) If any person commits an offence against this Ordinance he shall be liable on summary conviction to a fine of $250, and may be removed by any officer authorized by section 9 from the areas to which the Ordinance applies, and taken into custody without warrant, and brought before a magistrate to be dealt with according to law, and any vessel or thing found in the areas in contravention of this Ordinance may be removed by such officer as aforesaid and on due proof of such contravention may be declared by a magistrate to be forfeited. (Amended, 26 of 1946, Schedule)

9. The following officers are hereby authorized to remove or to take into custody without warrant any person contravening section 6 or 7, or to remove any vessel, aircraft or thing found on any area affected—

(a) the officer in charge of the gun sites, that is to say, the Commander, Kowloon Area; (Replaced, 7 of 1948, s. 9) (b) any officer, warrant officer, non-commissioned officer or military policeman, for the time being under the com- mand of the said officer in charge of the gun sites; (Amended, 7 of 1948, s. 9)

(c) any person authorized in writing under the hand of the said officer in charge of the gun sites; or (Amended, 7 of 1948, s. 9)

(d) any police officer.

10. (1) This Ordinance shall not apply to-

(a) any ship or aircraft entering or passing through the areas affected in the ordinary course of navigation from one

Offences and provisions relating to the recovery of projectiles.

Penalty for offences.

1892

c. 43, s. 17(2).

Officers authorized to arrest or

remove

trespassers, etc.

Exemptions.

5

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