582412-1940-Defence-Regulations-1940--Amendments-to-the — Page 1

1018

THE HONG KONG GOVERNMENT GAZETTE, JULY 5, 1940.

No. 758.

Hong Kong.

COLONIAL SECRETARY'S DEPARTMENT.

In exercise of the powers conferred on him by the Emergency Powers (Colonial Defence) Order in Council, 1939, the Emergency Powers (Colonial Defence) Order in Council, 1940, and all other powers enabling him in that behalf, His Excellency the Officer Administering the Government amends the Defence Regulations, 1940, published in the Gazette Extraordinary of 25th June, 1940, as Government Notification No. 709, as follows-

Amendments.

1. Regulation 18 is amended by the insertion immediately after paragraph (1) thereof of the following paragraph-

(1A) If the Governor has reasonable cause to believe any person to have been or to be a member of, or to have been or to be active in furtherance of objects of, any such organization ar is hereinafter mentioned, and that it is neces- sary to exercise control over him, he may make an order against that person directing that he be detained.

The organizations hereinbefore referred to are any organizations as respects which the Governor is satisfied that either-

(a) the organization is subject to foreign influence or control, or

(b) the persons in control of the organization have or have had association with persons concerned in the govern- ment of, or sympathy with the system of government of, any power with which His Majesty is at war,

and in either case that there is danger of utilization of the organization for purposes prejudicial to public safety or defence, the maintenance of public order, the efficient prosecu tion of the war, or the maintenance of supplies or services essential to the life of the community.

2. Regulation 23A is renumbered as 23B and the follow- ing regulation is inserted immediately after regulation 23—

Publication

of disturb ing reports.

23A. (1) Subject as hereinafter provided, any person publishing any report or statement relating to matters connected with the war which is likely to cause alarm or despondency shall be liable on summary conviction to imprison- ment for a term not exceeding one month or to a fine not exceeding one thousand dollars, or to both such imprisonment and such fine:

Provided that a person shall not be con- victed of any offence against this regulation if he proves―

(a) that he had reasonable cause to believe that the report or statement was true; and