582256-1940-Defence-Regulations-1940 — Page 34

952

Measures

for dealing

with out- breaks of fire.

Control of lights and sounds.

THE HONG KONG GOVERNMENT GAZETTE, JUNE 25. 1940.

63. In the event of any outbreak of fire the person having control of the operations for the extinction of the fire, and any person authorized by the Governor to act under this regulation, may take or authorize the taking of such steps, and give such directions, as appear to that person to be necessary for preventing the spread of the fire; and the steps which may be so taken include entering upon land and the destruction or removal of anything in, on or over any land.

64. (1) The Governor may by order provide

(a) for prohibiting or regulating the display of lights of any such description as may be specified in the order;

(b) for securing that, in such circumstances as may be specified in the order, indication of the position of such premises and places, and warning of the presence of such vehicles or vessels, as may be specified in the order shall be given by means of such lights as may be prescribed by the order, and for prescribing the manner in which any apparatus used for the purpose of exhibiting such lights is to be con- structed, installed and used;

(e) for prohibiting or regulating the use of roads by any particular class of traffic, so far as appears to the Governor to be necessary for avoiding danger consequent on com- pliance with any provisions of an order under this regulation which relate to the lighting of roads or of vehicles on roads;

(d) for prohibiting or regulating such activities as may be specified in the order, being activities which, by reason of their consisting of or involving the emission of flames, sparks or glare or the making of noise, might, in the opinion of the Governor, serve to convey information useful to the enemy or otherwise interfere with measures taken for defence or in the interests of the public safety.

Any such order may be made so as to apply either throughout this Colony or to any area or premises therein, may make different provision as respects different classes of premises, vehicles or vessels, may provide for exempting any premises, vehicles or vessels (either absolutely or con- ditionally) from the operation of any of the provisions of the order, and may contain such incidental and supplementary provisions as appear to the Governor to be necessary or expedient for the purposes of the order.

(2) If any order made under this regulation is contra- vened or not complied with in the case of any premises, vehicle or vessel, any police constable or air raid warden or any member of His Majesty's forces may enter the premises or board the vehicle or vessel and take in relation thereto all such steps as may be reasonably necessary for the enforcement of the order, and (without prejudice to any proceedings which may be taken against any other person) the occupier of the premises, the person in charge of the vehicle, or the master of the vessel, as the case may be, shall be guilty of an offence against this regulation:

Provided that, in any proceedings which, by virtue of this paragraph are taken against any person in respect of a contravention of, or non-compliance with, such an order on the part of another person, it shall be a defence for the defendant to prove that the contravention occurred without his knowledge and that he exercised all due diligence to secure compliance with the order.

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