582256-1940-Defence-Regulations-1940 — Page 43

THE HONG KONG GOVERNMENT GAZETTE, JUNE 25, 1940.

No. 41 of

1932.

(9) Subject to the preceding provisions of this regula- tion, section 43 of the Magistrates Ordinance, 1932, shall Ordinance apply to any article coming into the possession of an execu- tive authority which the authority has reasonable ground for believing to be evidence of the commission of a war offence, as it applies to property coming into the possession of the police in the circumstances mentioned in that section, and, in relation to any such article, shall have effect as if the reference in that section to an officer of police included a reference to an executive authority (whether a police con- stable or not).

(10) For the purposes of this regulation, any proceedings. shall be deemed not to have been finally determined so long as there is pending any appeal in the matter of the proceed- ings, and an appeal in that matter shall be deemed to be pending during the ordinary time within which such an appeal may be lodged, and if such an appeal is duly lodged, the appeal shall be deemed to be pending until it is decided or withdrawn.

(11) For the purposes of this regulation, any authority. police constable or other person whatsoever having functions in connexion with the execution of these regulations shall be deemed to be an executive authority.

(12) Nothing in this regulation shall be taken to pre- judice any right to retain property which may exist in law apart from the provisions of this regulation.

87. Where any work is done in the exercise of powers. Recovery of conferred by any of these regulations, then, if and so far expenses. as the work was work which, apart from the provisions of these regulations, some person was under a duty to do or might have been required to do, but which he had failed without reasonable excuse to do, the amount of any expenses reasonably incurred in connexion with the doing of the said work shall be a debt due from that person to the Crown.

of functions

88. A provision made in, or a direction or determination Entrusting made or given in pursuance of, any of these regulations or to statutory any order under these regulations, and purporting to confer bodies. or impose on any person or class of persons any powers or duties for the purposes of the regulation or of the order, shall not be taken to be invalid or of no effect by reason only that that person or class of persons is, or consists of or comprises, a body or bodies constituted by or under an Ordinance; and any such body corporate to whom any func- tions are entrusted under or by virtue of these regulations shall have power to discharge those functions, notwithstand- ing any limitation or restriction which, apart from these regulations, is imposed by any Ordinance or other instrument determining the functions of that body.

89. When any order is made under the provisions of Publicity these regulations, the Governor, or other authority issuing for orders. the order, shall cause notice of the effect of such order to be given as soon as may be in such manner as he thinks necessary for bringing it to the notice of all persons who in his opinion ought to have notice of the order.

961