30759-1913-Official-Secrets-Act-1911-applicable-to-Hongkong — Page 3

THE HONGKONG GOVERNMENT GAZETTE, APRIL 18, 1913.

(d.) any railway, road, way. or channel, or other means of communication by land or water (including any works or structures being part thereof or connected therewith, or any place used for gas, water, or electricity works or other works for purposes of a public char- acter, or any place where any ship, arms, or other materials or instruments of use in time of war, or any plans or documents relating thereto, are being made, repaired, or stored otherwise than on behalf of His Majesty, which is for the time being declared by a Secretary of State to be a prohibited place for the purposes of this section, on the ground that information with respect thereto, or the destruction or obstruction thereof, or interference therewith, would be useful to an enemy.

to commit

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incitement

4. Any person who attempts to commit any offence under this Act, or in- Attempts cites, or counsels, or attempts to procure another person to commit an offence offence, or under this Act, shall be guilty of felony or of a misdemeanour according as the to commit offence in question is felony or misdemeanour, and on conviction shall be liable to offence, the same punishment, and to be proceeded against in the same manner, as if he under Act. had committed the offence.

Person

5. Any person charged with an offence which is a felony under this Act may, Charged with if the circumstances warrant such a finding, be found guilty of an offence which is felony under a misdemeanour under this Act.

Act, may be convicted of misdemean-

our under Act.

arrest.

6. Any person who is found committing an offence under this Act, whether Power to that offence is a felony or not, or who is reasonably suspected of having committed, or having attempted to commit, or being about to commit, such an offence, may be apprehended and detained in the same manner as a person who is found com- mitting a felony.

harbouring

7. If any person knowingly harbours any person whom he knows, or has Penalty for reasonable grounds for supposing, to be a person who is about to commit or who spies. has committed an offence under this Act, or knowingly permits to meet or assemble in any premises in his occupation or under his control any such persons, or if any. person having harboured any such person, or permitted to meet or assemble in any premises in his occupation or under his control any such persons, wilfully refuses to disclose to a superintendent of police any information which it is in his power to give in relation to any such person he shall be guilty of a misdemeanour and liable to imprisonment with or without hard labour for a term not exceeding one year, or to a fine, or to both imprisonment and a fine.

8. A prosecution for an offence under this Act shall not be instituted except by or with the consent of the Attorney-General:

Provided that a person charged with such an offence may be arrested, or a warrant for his arrest may be issued and executed, and any such person may be remanded in custody or on bail, notwithstanding that the consent of the Attorney- General to the institution of a prosecution for the offence has not been obtained, but no further or other proceedings shall be taken until that consent has been obtained.

Restriction

on prosecu- tion.

warrants.

9.-(1.) If a justice of the peace is satisfied by information on oath that Search there is reasonable ground for suspecting that an offence under this Act has been or is about to be committed, he may grant a search warrant authorising any constable named therein to enter at any time any premises or place named in the warrant, if necessary, by force, and to search the premises or place and every person found therein, and to seize any sketch, plan, model, article, note, or document, or anything of a like nature or anything which is evidence of an offence under this Act having been or being about to be committed, which he may find on the premises or place or on any such person, and with regard to or in con- nexion with which he has reasonable ground for suspecting that an offence under this Act has been or is about to be committed.

(2.) Where it appears to a superintendent of police that the case is one of great emergency and that in the interest of the State immediate action is necessary, he may by a written order under his hand give to any constable the like authority as may be given by the warrant of a justice under this section.

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