603054-1940-Supplementary-Draft-Bill---Incitement-to-Disaffection-Amendment — Page 1

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LEGISLATIVE COUNCIL.

Draft Bill.

No. S. 37. The following Bill is published for general information —

[No. 49/39-3.1.40.-2.]

A BILL

INTITULED

Short title.

Amendment of Ordin- ance No. 9

of 1939, s. 3.

An Ordinance to amend the Incitement to Disaffection Ordin-

ance, 1939.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:

1. This Ordinance may be cited as the Incitement to Disaffection Amendment Ordinance, 1940.

2. (1) Sub-section (2) of section 3 of the Incitement to Disaffection Ordinance, 1939, is amended-

(a) by the substitution of the words "judge of the Supreme Court" for the word "magistrate" in the first line thereof;

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(b) by the insertion of the words of a rank not lower than that of inspector after the words "police officer in

the sixth line thereof;

(c) by the insertion of the words "together with any other persons named in the warrant and any other police officers after the words "the warrant in the seventh line thereof;

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(d) by the insertion of the words at any time within

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one month from the date of the warrant after the word

place" in the eighth line thereof;

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(e) by the deletion of the words 'with such assistance as may be necessary, and" after the word place" in the eighth line thereof;

(f) by the addition of the following provisos at the end thereof-

: Provided that--

(a) a search warrant shall only be issued in respect of an offence suspected to have been committed within the three months prior to the laying of the information thereof; and

(b) if a search warrant under this Ordinance has been executed on any premises, it shall be the duty of the police officer who has conducted or directed the search to notify the occupier that the search has taken place, and to supply him on request with a list of any documents or other objects which have been removed from the premises, and where any documents have been removed from any other person, to supply that person with a list of such documents.

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