51075-1917-Censorship-Regulations-1917 — Page 2

THE HONGKONG GOVERNMENT GAZETTE, MARCH 23, 1917.

(2.) If any person without lawful authority or excuse has in his possession or on premises in his occupation or under his control any document containing a report or statement the publication of which would be a contravention of the foregoing provisions of this regulation, he shall be guilty of an offence against these regulations, unless he proves that he did not know and had no reason to suspect that the document contained any such report or statement, or that he had no intention of transmitting or circulating the document or distributing copies thereof to or amongst other persons either within or without the Colony.

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3. The Captain Superintendent of Police, or any person duly authorised Power of by him, if he has reason to suspect that any offence against these regulations is case of being or has been committed in or on any house, building, land, vehicle, suspected vessel, aircraft, or other premises, may enter, if need be by force, the house, Defence of building, land, vehicle, vessel, aircraft, or premises at any time of the day or the Realm night, and examine, search, and inspect the same or any part thereof, and may Regulations, seize anything found therein with respect to which any offence against these regulations may appear to have been committed (including, where a report or statement in contravention of Regulation 1 or Regulation 2 of these regulations has appeared in any newspaper or other printed publication, any type or other plant used or capable of being used for the printing or production of the news- paper or other publication), and the Governor may order anything so seized to be destroyed or otherwise disposed of. The Captain Superintendent of Police, or any person duly authorised by him, may also seize anything which may appear to be evidence of any such offence.

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4.1.) If a magistrate is satisfied by information in writing upon oath Power of laid before him by the Captain Superintendent of Police or any person duly authorised by him, that any document containing any information, report or contemplated statement, the publication whereof would be an offence against Regulation 1 Defence of or Regulation 2 of these regulations, is about to be issued for publication or the Realm dispersion from, or that copies thereof are upon, any premises, or that prepara- Reg. tions are being made on any such premises for the publication of such infor- mation, report, or statement, the magistrate may issue a warrant authorising any European police officer to enter, at any time, and if need be by force, and search the premises and to seize any such document, and any written or printed copies thereof, and any type or other appliance which has been or is being used or is intended to be used or is in a condition adapted for use in the production of such copies and bring them before a magistrate.

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(2.) The magistrate before whom they are brought may issue a summons calling upon the owner to show cause why the articles so seized should not be destroyed, and if the owner does not appear in obedience to the summons, or if upon appearance he does not satisfy the magistrate that the articles in -question are not of such a character or so adapted as in this regulation herein- before mentioned, the magistrate may order them to be destroyed or otherwise disposed of, and in any other case shall order them to be restored after the expiration of seven clear days to the owner.

(3.) For the purposes of this regulation a summons shall be deemed to be duly served if addressed to the owner of the articles without further name or description, and left at or sent by registered post to the premises on which the articles were seized.

5. Any person who acts in contravention of these regulations, or who is Arrest. reasonably suspected of having so acted, may be taken into custody by any police officer.

6. Any person charged with having committed an offence against these Trial, regulations shall be tried before a magistrate, or on indictment, or by court- martial, according as the Governor may direct, and in the absence of any such direction such person shall be tried before a magistrate.

7. The following penalties may be inflicted in respect of offences against Penalties. these regulations :--

(a) by a magistrate, imprisonment with or without hard labour for a term not exceeding six months, or a fine not exceeding $800, or both such imprisonment and fine;