TNAG-1613-FCO40-2221-Executive-Council-of-Hong-Kong-memoranda-and-minutes-of-meet-1987 — Page 44

(b) 1 year from the time of the commission of the

offence,

whichever is the earlier.

33. (1) Subject to this section, proceedings for

offences against this Ordinance may be instituted in the

name of the Authority, and may be commenced and conducted

by a public officer appointed under section 13 of the

Magistrates Ordinance.

(2) Nothing in this section shall be deemed to

derogate from the powers of the Attorney General in

relation to the prosecution of offences.

Defence to proceedings

under

section 5,

6, 7, 12

>

or 16.

34. In any proceedings for an offence under section

5, 6, 7, 12 or 16, it shall be a defence to show that the

circumstances constituting or leading to the commission of

of the offence arose by reason of the fact of being

-

(a)

sanctioned by lawful authority;

(b)

necessary to prevent injury to any person or

saving the life of any person; or

(c) necessary to prevent damage to property where the

circumstances placing the property in danger of