1310
No. 15 of 1914.
OBSCENE PUBLICATIONS.
Powers of officer executing warrant.
Summons to occupier, etc., and destruction of articles.
If it is made to appear to any justice of the peace by information on oath that there is reasonable cause for suspecting that any obscene or indecent books, papers, writings, prints, pictures, drawings, figures or other representations are kept in any house, shop or other place or on board any boat or vessel (not being a vessel which is or has the status of a ship of war) within the Colony for the purpose of sale, distribution, exhibition, lending upon hire or being otherwise published, such justice of the peace may by his warrant directed to any police officer empower such officer by day or by night to enter such house, shop or other place or to go on board such boat or vessel, and there to search for and take possession of any such books, papers, writings, prints, pictures, drawings, figures or other representations as aforesaid found in such house, shop or other place, or on board such boat or vessel, and to carry all the articles so seized before a magistrate.
3. Such officer may if necessary—
(1) break open any outer or inner door of such house, shop or other place and enter thereinto;
(2) forcibly enter such boat or vessel and every part thereof;
(3) remove by force any obstruction to such entry, search, seizure or removal as he is empowered to effect; and
(4) detain any person found in such house, shop or place, or on board such boat or vessel, until such house, shop, place, boat or vessel has been searched.
4. When any such books, papers, writings, prints, pictures, drawings, figures or other representations so seized as aforesaid are brought before a magistrate, such magistrate or some other magistrate shall thereupon issue a summons calling upon the occupier of the house, shop or other place, or the licensee or captain of the boat or vessel, where or on board which the said articles were so found, to appear at a place and time to be named in such summons before a magistrate to show cause why the articles so seized should not be destroyed; and if such occupier or some other person claiming to be the owner of the said articles does not appear at the time and place aforesaid, or appears and the magistrate is satisfied that such articles or any of them are obscene or indecent and that such or any of them have been kept for any of the purposes aforesaid, it shall be lawful for the said magistrate, and he is hereby required, to order the destruction of such articles or of such of them as are obscene or indecent.
* As amended by Law Rev. Ord., 1939.
1310
No. 15 of 1914.
OBSCENE PUBLICATIONS.
Powers of officer executing warrant.
Summons to occupier, etc., and destruction
of articles.
*
pictures, drawings, figures or other representations are kept in any house, shop or other place or on board any boat or vessel (not being a vessel which is or has the status of a ship of war) within the Colony for the purpose of sale, distribution, exhibition, lending upon hire or being otherwise published, such justice of the peace may by his warrant directed to any police officer empower such officer by day or by night to enter such house, shop or other place or to go on board such boat or vessel, and there to search for and take possession of any such books, papers, writings, prints, pictures, drawings, figures or other représentations as aforesaid found in such house, shop or other place, or on board such boat or vessel, and to carry all the articles so seized before a magistrate.
3. Such officer may if necessary—
(1) break open any outer or inner door of such house, shop or other place and enter thereinto;
(2) forcibly enter such boat or vessel and every part thereof; (3) remove by force any obstruction to such entry, search, seizure or removal as he is empowered to effect; and
(4) detain any person found in such house, shop or place, or on board such boat or vessel, until such house, shop, place, boat or vessel has been searched.
..
4. When any such books, papers, writings, prints, pictures, drawings, figures or other representations so seized as aforesaid are brought before a magistrate, such magistrate or some other magistrate shall thereupon issue a summons calling upon the occupier of the house, shop or other place, or the licensee or captain of the boat or vessel, where or on board which the said articles were so found, to appear at a place and time to be named in such summons before a magistrate to show cause why the articles so seized should not be destroyed; and if such occupier or some other person claiming to be the owner of the said articles does not appear at the time and place aforesaid, or appears and the magistrate is satisfied that such articles or any of them are obscene or indecent and that such or any of them have been kept for any of the purposes aforesaid, it shall be lawful for the said magistrate, and he is hereby required, to order the
* As amended by Law Rev. Ord., 1939.
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