38404-1914-Supplementary-Bill-read-a-first-time--Obscene-Publications — Page 1

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LEGISLATIVE COUNCIL.

No. S. 136.-The following Bill was read a first time at a Meeting of the Council held on the 7th May, 1914 :-

Short title.

Warrant to search for and seize obscene

articles kept for publica-

tion.

Powers of officer executing warrant.

Summons

to occupier, etc., and destruction of articles.

A BILL

ENTITLED

An Ordinance for more effectually preventing the Publication of Obscene Books, Pictures, and other Articles.

BE it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Obscene Publica- tions Ordinance, 1914.

2. When it appears to any Justice of the Peace upon the oath of any person that there is reasonable cause to believe that any obscene or indecent books, papers, writ- ings, prints, pictures, drawings, figures, or other representa- tions, are kept in any house, shop, or other place, or on board any boat or vessel (not being a vessel which is or has the status of a ship of war) within the Colony for the purpose of sale, distribution, exhibition, lending upon hire, or being otherwise published, such Justice of the Peace may by his warrant directed to any police officer empower such officer by day or by night to enter such house, shop, or other place, or to go on board such boat or vessel, and there to search for and take possession of any such books, papers, writings, prints, pictures, drawings, figures, or other representations as aforesaid found in such house, shop, or other place, or on board such boat or vessel, and to carry all the articles so seized before a Magistrate.

3. Such officer may if necessary :—

(a.) break open any outer or inner door of such house, shop, or other place, and enter thereinto; (b.) forcibly enter such boat or vessel and every

part thereof;

(e) remove by force any obstruction to such entry, search, seizure, or removal as he is empowered to effect; and

(d) detain any person found in such house, shop, or place, or on board such boat or vessel, until such house, shop, place, boat, or vessel bas been searched.

4. When any such books, papers, writings, prints, pictures, drawings, figures, or other representations so seized as aforesaid shall be brought before a Magistrate, such Magistrate or some other Magistrate shall thereupon issue a summons calling upon the occupier of the house, shop, or other place, or the licensee or captain of the boat or vessel, where or on board which the said articles were so found, to appear at a place and time to be named in such summons before a Magistrate to show cause why the articles so seized should not be destroyed; and if such occupier or some other person claiming to be the owner of the said articles shall not appear at the time and place aforesaid, or shall appear and the Magistrate shall be satisfied that such articles or any of them are obscene or indecent and that such or any of them have been kept for any of the purposes aforesaid, it shall be lawful for the said Magistrate and he is hereby required to order the articles so seized, except such of them as he considers necessary to be preserved as evidence in some further proceedings, to be destroyed after the expiration of 7 days, unless an application be duly made to the said Magistrate in the meantime to state and sign a case or to grant leave to appeal to the Full Court by way of a re-hearing, and such articles shall be in the meantime impounded.

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