A50
Ord. No. 9/87
(Cap. 227.)
Procedure in relation to obliteration.
Chief Justice may make
rules.
Powers of Registrar.
CONTROL OF OBSCENE AND INDECENT ARTICLES
(4) A police officer in executing an order under subsection (3) shall have all the powers of a police officer acting in the execution of a warrant under section 34.
(5) The Commissioner of Police may apply to a magistrate for an order that a person who has failed to comply with an order made against him under subsection (1) shall pay any expenses reasonably incurred by a police officer in the execution of the order under subsection (3) and the magistrate may make an order for such payment under section 69 of the Magistrates Ordinance notwithstanding that it may exceed the amount mentioned in that section.
43. (1) Before making an order to remove or ellace any indecent matter under section 42 the magistrate shall, unless he is satisfied that the owner of the building or other structure mentioned in that section 42 cannot for any reason be found or ascertained, issue a summons to him to appear on a day specified in the summons to show cause why an order should not be made to remove or efface that indecent matter.
(2) In addition to the person mentioned in subsection (1) any other person being the owner or manufacturer of the indecent matter mentioned in section 42 may appear before the magistrate on the day specified in the summons to show cause why the order to remove or efface that indecent matter should not be made.
(3) Subsections (4) and (6) of section 41 shall apply in relation to an order to remove or efface indecent matter under section 42 as they apply in relation to an order for forfeiture under section 40.
PART VIII
Rules, Regulations and THE POWERS of the RegistRAR
44. The Chief Justice may make rules relating to the practice and procedure to apply to proceedings before a Tribunal, or magistrate, or in any court, under this Ordinance and to appeals under this Ordinance and, in particular, may make rules to provide for-
(a) the manner of making application under this Ordinance;
(b) the reference of questions from a court or magistrate to a Tribunal; (c) the method of recording a classification or determination of a
Tribunal;
(d) the service of documents;
(e) the form of any document for the purpose of any proceedings in a
Tribunal or for any appeal;
(f) rights of audience before a Tribunal;
(g) the giving of notice relating to any proceedings before a Tribunal
or any appeal under section 30; and
(h) the award, taxation and recovery of costs relating to any proceed-
ings in a Tribunal.
45. The Registrar may—
(a) give directions as to the distribution and disposal of the business of
a Tribunal;
CONTROL OF OBSCENE AND INDECENT
Ord. No. 9/87
ASI
ARTICLES
(b) determine any form of document to be made or issued by a
Tribunal; and
(c) permit such person or class of person as he thinks appropriate on
payment of any prescribed fee to search—
(i) the register of notices kept by him under section 19(4); and (ii) the repository of articles kept by him under section 20.
46. The Governor in Council may make regulations to provide for- Regulations. (a) fees;
(b) the manner of giving of notice under section 18;
(c) the empowering of a Tribunal or the Registrar to waive any
prescribed fee; and
(d) the payment of fees and allowances to adjudicators.
PART IX
MISCELLANEOUS
47. The Objectionable Publications Ordinance is repealed.
Repeal of Objectionable Publications Ordinance.
(Cap. 150.)
48. Any proceedings under the Objectionable Publications Ordinance Transitional. commenced before the commencement of this Ordinance may, notwith- (Cap. 150.) standing the repeal of the Objectionable Publications Ordinance by section 47, be continued as if that Ordinance had not been repealed.
Passed by the Hong Kong Legislative Council this 18th day of February 1987.
LAW Kam-sang,
Clerk to the Legislative Council.
This printed impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the said bill.
LAW Kam-sang,
Clerk to the Legislative Council.
No comments yet.
Private notes are available after approval.