593786-1939-Emergency-Powers-Order-in-Council-1939--Defence-Regulations-1939 — Page 8

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THE HONG KONG GOVERNMENT GAZETTE, AUGUST 26, 1939.

Restrictions

information.

77. No person who obtains any information by virtue on disclosing of these regulations shall, otherwise than in connexion with the execution of these regulations or of an order, rule or by-law made under these regulations, disclose that informa- tion except with permission granted by the Governor.

Power to enter and search premises.

Attempts

to commit

offences, and assisting

offenders.

Ordinance No. 41 of 1932. Ordinance No. 14 of 1929.

Offences by

81.-(1) If a magistrate is satisfied by information on oath that there is reasonable ground for suspecting that a war offence has been or is being committed, and that evidence of the commission of the offence is to be found at any premises specified in the information, he may grant a search warrant authorizing any officer of police or any commissioned officer in His Majesty's forces, together with any other persons named in the warrant and any other police constables or members of His Majesty's forces, to enter the premises at any time or times within one month from the date of the warrant, if necessary by force, and to search the premises and every person found therein, and to seize any article found in the premises or on any such person which the officer has reason- able ground for believing to be evidence of the commission of such an offence as aforesaid.

(2) If, with respect to any premises, any European officer of police of a rank not lower than that of assistant superintendent, or any person authorized by the Governor to act under this paragraph, has reasonable ground for suspect- ing that a war offence has been or is being committed, and that evidence of the commission of the offence is to be found at those premises, and is satisfied--

(a) that it is essential in the public interest that the premises should be searched for the purpose of obtaining that evidence, and

(b) that the evidence is not likely to be found at the premises unless they are searched forthwith,

the said officer or person may, by a written order under his hand, confer the like powers of search and seizure in relation to the premises as might be conferred under paragraph (1) of this regulation by the warrant of a magistrate.

(3) No woman shall, in pursuance of a warrant issued under this regulation, be searched except by a woman.

82.-(1) Without prejudice to the operation of section 37 of the Magistrates Ordinance, 1932, and section 7 of the Accessories and Abettors Ordinance, 1929, any person who attempts to commit, or does any act preparatory to the com- mission of, an offence against any of these regulations, shall be deemed to be guilty of an offence against that regulation.

(2) No person, knowing or having reasonable cause to believe that another person is guilty of an offence against any of these regulations, shall give that other person any assist- ance with intent thereby to prevent, hinder or interfere with the apprehension, trial or punishment of that person for the said offence.

83. Where a person convicted of an offence against any corporations. of these regulations is a body corporate, every person who, at the time of the commission of the offence, was a director or officer of the body corporate shall be deemed to be guilty of that offence unless he proves that the offence was com- mitted without his knowledge, or that he exercised all due diligence to prevent the commission of the offence.