TNAG-1553-FCO40-2117-Hong-Kong-Control-of-Publications-Consolidation-Ordinance-19-1986 — Page 232

པ ་

1

4

CAP. 268]

Control of Publications Consolidation

[1979 Ed.

(a) the publication of such newspaper shall be suspended; or (b) it shall be unlawful to publish in such newspaper any publication relating to such topics as may be specified in such order, being topics in respect of or in connexion with which the offence for which proceedings are pending is alleged to have been committed or being similar or related topics.

(3) Upon the making of any order by a magistrate under subsection (2), it shall be an offence against this Ordinance—

(a) to contravene any such order;

(b) to print, sell, offer for sale or distribute any newspaper the publication of which or any publication in which constitutes an offence by virtue of this subsection; and (c) during the validity of any such order to remove from the premises whereon the same may be anything which the Commissioner of Police is directed by subsection (4) to seize upon an order of suppression.

(4) Upon the making of any order for the suppression of any newspaper, the Commissioner of Police or any police officer authorized by him in writing under his hand shall seize and detain all the machinery, type, appliances, paper, printing materials, writing materials, books, documents, writings, effects, and things used to produce the suppressed newspaper and is hereby empowered for such purpose—

(a) to break open any outer or inner door of any premises

upon which the same may be;

(b) forcibly to enter upon such premises;

(c) forcibly to remove any personal or material obstruction.

(5) It shall be lawful for the Commissioner of Police or any police officer authorized by him in writing under his hand to remove anything which he is by subsection (4) directed to seize to such place or places within the Colony as he may in his discretion see fit, and there to keep the same so long as such order shall subsist. All expenses incurred by the Commissioner of Police shall be repaid to him before the return by him of the property, effects and things seized, and in default of payment of such expenses, or any part thereof, within one month from the expiration of the order for suppression, the Commissioner of Police may sell so much of the property, effects and things seized as appear to him to be necessary to satisfy such expenses, and he shall apply the net proceeds of sale in the first place in or towards satisfaction of such expenses, and in the next place he shall refund the balance (if any) to the person entitled thereto.

(6) Notwithstanding the provisions of subsection (5), the Court or a magistrate may in addition to making an order of suppression make any order of forfeiture which a magistrate is empowered to