582256-1940-Defence-Regulations-1940 — Page 6

924

THE HONG KONG GOVERNMENT GAZETTE, JUNE 25, 1940.

Wireless telegraphy,

etc.

Ordinance

No. 18 of 1936.

or intends to communicate, at that place with a person embarking thereat on a vessel or aircraft for the purpose of leaving this Colony, or landing thereat from a vessel or aircraft on coming to this Colony, the provisions of para- graph (3) of this regulation shall apply in relation to the person so found, as they apply in relation to a person about to embark on a vessel or aircraft for the purpose of leaving this Colony; and where any person is on any occasion found travelling in this Colony to or from any place in such circum- stances as aforesaid, the said provisions shall apply in relation to him as they would apply if, when so found, he had been about to embark on a vessel or aircraft for the purpose of leaving this Colony.

Where there is declared or produced to the authorized officer in compliance with this regulation, or discovered by the authorized officer in circumstances in which it ought to have been so declared or produced, any such plate, film er other article as aforesaid which he suspects to have been exposed in a camera but not developed, he may cause to be taken, or require the person by whom it is declared or produced or in whose possession it is discovered to take, such steps (including subjection of the article to the process of development) as may be reasonably necessary for enabling the authorized officer to ascertain whether or not it has been so exposed.

7.(1) The Governor may by order direct that, subject to any exemptions for which provision may be made by the order, no person shall, except under the authority of a written permit granted by such authority or person as may be specified in the order, have in his possession or under his control-

(a) any such article as may be specified in the order, being an article which is designed for the purpose only of being used for the operation of wireless transmitting apparatus;

(b) any such apparatus as may be specified in the order, being a type of apparatus which is designed to be used also as wireless transmitting apparatus or which appears to the Governor to be readily adaptable for the purpose of being so used:

Provided that nothing in any such order shall restrict the doing of anything by any servant of His Majesty acting in the course of his duty as such, or apply in relation to any apparatus in respect of which there is in force a licence under the Telecommunication Ordinance, 1936, authorizing the use of the apparatus for transmission or in relation to any article forming part of any such apparatus; and in any proceedings taken by virtue of this paragraph against any person by reason of his having in his possession or under his control any article not forming part of any such apparatus, it shall be a defence for him to prove that at the material time he had the article in his possession or under his control for the purpose only of the operation of an apparatus in respect of which such a licence was then in force.

(2) In any proceedings arising out of a contravention of paragraph (1) of this regulation, it shall be a defence for the defendant to prove that at the date of the contravention application had been made by him (for the first time) for the