304085-1941-Defence-Regulations-1940-Additional-regulations-to-the-relating-to-forcing-safeguards-etc- — Page 1

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846

THE HONG KONG GOVERNMENT GAZETTE, MAY 30, 1941.

No. 662.

COLONIAL SECRETARY'S DEPARTMENT,

In exercise of the powers conferred on him by the Emergency Powers (Colonial Defence) Order in Council, 1939, and the Emergency Powers (Colonial Defence) (Amendment) Order in Council. 1940, and all other powers enabling him in that behalf. His Excellency the Governor makes the following regulations which shall be inserted in and shall form part of the Defence Regulations, 1940, published as Government Notification 709 in the Gazette Extraordinary of 25th June, 1940, as subsequently amended—

19A.—(1) Any person who endeavours to force a safe- Forcing guard shall be guilty of an offence against this regulation safeguards. and shall, on conviction on indictment, be liable to suffer death or imprisonment for life, or on summary conviction thereof, be liable to imprisonment for a term not exceeding twelve months.

(2) No person shall be committed for trial at the Supreme Court for any offence alleged to have been committed against this regulation except with the consent of the Attorney General.

(3) In this regulation the expression "safeguard" means any party of His Majesty's forces posted for the purpose of protecting, or of preventing or controlling access to, any premises or place, or for the purpose of regulating traile on any road. railway or inland navigation, and includes any sentry being a member of the said forces posted for any of the purposes aforesaid.

(4) A person sentenced to death after conviction on indictment of an offence against this regulation shall be dealt with in like manner as persons convicted on indictment of murder.

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34A.—(1) If in an area which has been subjected to Looting and attack by the enemy, whether by means of aircraft or other- offences. wise, or in any area to which this regulation has been applied by order of the Governor, any person-

(a) steals any article from premises which have been. damaged by war operations or vacated by reason of attack by the enemy or in consequence of any authorized directions given for the purpose of meeting or hindering any actual or apprehended attack by the enemy or of protecting persons and property from the dangers involved in any such attack; or

(b) steals any article which has been left exposed or unprotected as a consequence of war operations; or

(e) enters any premises, damages any property, assaults any person, or is found with any offensive weapon or house- breaking instrument, with intent to commit any offence punishable by imprisonment with hard labour for more than three years,

he shall be guilty of an offence against this regulation and shall on conviction thereof on indictment be liable to suffer death or imprisonment for life or on summary conviction thereof be liable to imprisonment for a term not exceeding twelve months.

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