22426-1911-Supplementary-Bills-read-a-first-time--Lepers-Ordinance-Amendment-Defences-sketching-prevention-amendment — Page 2

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2. Section 2 of the Principal Ordinance is hereby Amends sec- amended by the insertion in sub-section (1) after the word tion 2 of the "make" in the third line thereof of the words or have Principal

Ordinance. in his possession, custody or control", and by the insertion in sub-section (2) after the word "made" in the third line thereof of the words 66

or possessed ".

3. The following section is hereby inserted after section 4 of the Principal Ordinance :--

4A. Any person who without lawful authority or Trespassing exense (proof whereof shall lie on the accused) on fortifica- is found in or upon any battery, field work, or tions or naval fortification in this Colouy or in or upon any premises an and military place whether fortified or not which is set offence. apart or reserved for naval or military opera- tions or purposes and which the general public have no right to enter into or upon shall be guilty of an offence against this Ordinance and shall on conviction before a Magistrate be liable to a fine not exceeding five hundred dollars or at the discretion of the Magistrate to im- prisonment with or without hard labour for any term not exceeding six months.”

4. The following sections are hereby added to the Principal Ordinance and shall be inserted at the end thereof :-

OF

❝7. Whenever it appears to any Magistrate upon Issue of

the oath affirmation or declaration of any per- search war- son of repute that there good cause to believe rant by that there is in any house, shop, room

Magistrate. other place any sketch, drawing, photograph, picture or painting in respect of which it may appear that an offence has been committed against this Ordinance such Magistrate may by warrant directed to any European Police Officer empower such officer to enter into any such house, shop, room or other place, with such assistance as may be necessary in the daytime, and if necessary to use force by breaking open doors or otherwise and search for and seize any such sketch, drawing, photograph, picture or painting as aforesaid, found in such house, shop, room or other place, and to arrest any person or persons who may appear to have such articles so scized in his or their possession, custody or control.

8.-(1.) It shall not be lawful for any person to Control of make an ascent in a balloon, whether dirigible balloonists or otherwise, or in an acroplane without hay- ing previonscly obtained the permission in writing of the Governor.

are

(2.) Such permission shall clearly state the number and direction of ascents which thereby authorised and may be issued subject to any conditions, which shall be specified in the written permission, that the Governor may think fit to impose.

(3.) Every person who contravenes the provi- sions of this section or who contravenes any of the conditions imposed by the Governor under this section shall, on summary conviction before a Magistrate, be liable to a penalty not exceeding five hundred dollars or, at the discretion of the Magistrate, to imprisonment, with or without hard labour, for any term not exccoding three

months."

Memorandum.

The development of Aviation since the Principal Ordin- was passed has rendered it necessary to introduce legislation with a view to controlling ascents in balloons and aeroplanes in a fortress such as Hongkong, for with- out such control the purposes of the Ordinance would be nullified. Opportunity has been taken to bring the Ordiu- ance into line in some other details with the law existing in other Eastern British Colonies.

W. REES DAVIES, Attorney General.