40913-1915-Ordinances-passed-and-assented-to--Private-Bills-No-5-of-1915 — Page 3

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THE HONGKONG GOVERNMENT GAZETTE, MARCH 5, 1915.

Possession of seditious document,

etc., an offence.

Onus' of proof.

Search

2. Any person who knowingly has in his possession, without lawful authority or excuse,

(a.) any newspaper book or other document which

contains any seditious matter; or

(b.) any portion of or extract from any newspaper book or other document which contains any seditions matter; or

(c.) any newspaper book or other document which has, in accordance with the provisions of the Seditions Publications Ordinance, 1914, been declared by the Governor-in-Council to be for- feited, or any portion of or extract from any such newspaper book or other document, whe- ther such portion or extract itself contain any seditious matter or not:

shall be guilty of an offence and shall be liable to a fine not exceeding five hundred dollars and to imprisonment for any term not exceeding two years.

3. In any prosecution under the preceding section the burden of proving absence of knowledge that the news- paper book or other document, or the portion thereof or extract therefrom, contains seditious matter, or that the newspaper book or other document has been declared to be forfeited, and the burden of proving the existence of lawful authority or excuse, shall lie on the defendant.

4. Whenever it appears to a Magistrate upon the oath warrant and of any person that there is reasonable cause to suspect that

arrest.

Amendment

No. 6 of

any,-

(a.) newspaper book or other document which con-

tains any seditious matter, or

(b.) portion of or extract from any newspaper book or other document which contains any seditious matter, or

(c.) newspaper book or other document which has, in accordance with the provisions of the Sedi- tious Publications Ordinance, 1914, been declared by the Governor-in-Council to be forfeited, or any portion of or extract from any such newspaper book or other document, whether such portion or extract itself contain any seditious matter or not,

is in any building, vessel (not being a ship of war or a ship having the status of a ship of war), or place, such Magistrate may by warrant directed to any officer of police empower him with such assistants as may be necessary, by day or by night,-

(i) to enter and if necessary to break into or forcibly enter such building vessel or place, and to search for and take possession of any such newspaper book or other doenment, or portion of or extract therefrom, which may be found there; and

(ii) to arrest any person who may appear to have such newspaper book or other document, or portion thereof or extract therefrom, in his possession.

5. Section 3 of the Seditious Publications Ordinance,

of Ordinance 1914, is amended by the repeal of all the words in the said section following the word "found" in the fifth line. thereof.

1914, s. 3.

Passed the Legislative Council of Hongkong, this 4th day of March, 1915.

M. J. BREEN,

Clerk of Councils.

Assented to by His Excellency the Governor, the 5th

day of March, 1915,

CLAUD SEVERN,

Colonial Secretary.