582256-1940-Defence-Regulations-1940 — Page 8

926

Signalling

apparatus.

Pigeons.

Dydinance No. 32 of 1915.

THE HONG KONG GOVERNMENT GAZETTE, JUNE 25, 1940.

10.—(1) Subject to any exemptions for which provision may be made by order of the Governor, no person shall, except with perinission granted by a competent authority, have in his possession or under his control any apparatus or contrivance for signalling (whether visually or otherwise) which is of such a nature that it could be used for a purpose prejudicial to defence:

Provided that this regulation shall not restrict the doing of anything by any servant of His Majesty or police con- stable acting in the course of his duty as such, and (without prejudice to regulation No. 7) shall not apply-

(a) in relation to any wireless transmitting apparatus, or

(b) in relation to any apparatus forming part of the equipment of a vessel or aircraft, being an apparatus which is required by law to be carried therein.

(2) In any proceedings arising out of a contravention 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 necessary permission in relation to the objects in respect of which the proceedings are taken, and that the application was still pending at that date.

11-(1)

-(1) Subject as hereinafter provided. no live pigeon shall be imported into this Colony except under the authority of a licence granted by a competent authority; and pigeons shall, if imported into this Colony otherwise than under the authority of such a licence, be deemed to be goods the importation of which is prohibited by the Governor in Council under the Importation and Exportation Ordinance, 1915, and the provisions of that Ordinance and any regula- tions thereunder shall apply accordingly :

Provided that this paragraph shall not apply to anything done by any servant of His, Majesty acting in the course of his duty as such.

(2) Subject as hereinafter provided, no person shall—

(a) have in his possession or under his control, or liberate, any racing pigeon or homing pigeon except under the authority of a written permit granted by the competent. authority,

(b) knowingly kill, wound or take any such pigeon, or

(c) remove or tamper with any article attached to such a pigeon, being an article which he has reasonable cause to believe to be a means of identifying the pigeon or of com- municating information:

Provided that--

(i) this paragraph shall not apply to anything done by, or with the permission or under the direction of, any servant of His Majesty or police constable acting in the course of his duty as such; and

(ii) nothing in sub-paragraphs (b) and (c) of this para- graph shall apply to anything done in relation to a pigeon by the person entitled to possession thereof or by any person acting on his behalf.

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