CAP. 144]
Public Stores
[1984 Ed.
Unlawful possession of Her Majesty's stores.
38 & 39 Vict. c. 25, s. 7.
Prohibition of sweeping, etc. near dockyards, artillery ranges, etc.
38 & 39 Vict. c. 25. s. 8.
Penalty on dealer, etc., found in possession of stores, and not accounting for them.
38 & 39 Vict. c. 25, s. 9.
Criminal possession explained.
38 & 39 Vict. c. 25, s. 10.
Ordinance to apply to stores marked before its passing.
38 & 39 Vict. c. 25, s. 18.
7. If any person is brought before a magistrate charged with conveying or with having in his possession or keeping any of Her Majesty's stores reasonably suspected of being stolen or unlawfully obtained, and does not give an account to the satisfaction of the court how he came by the same, he shall be deemed guilty of an offence and shall be liable on summary conviction to a fine of $500 or to imprisonment for 3 months.
8. (1) It shall not be lawful for any person, without permission in writing from the Director of Marine, or from some person authorized by the Director of Marine in that behalf (proof of which permission shall lie on the party accused), to gather or search for stores, or to creep, sweep, or dredge in the sea or any tidal water, within 100 metres from any vessel belonging to Her Majesty or in Her Majesty's service, or from any mooring place or anchoring place appropriated to such vessels, or from any moorings belonging to Her Majesty, or from any of Her Majesty's wharves, or dock, victualling, or steam factory yards, or from any aerodrome used by the Royal Air Force or the Royal Hong Kong Defence Force, or within 1,000 metres from any battery or fort or other place used for firing practice by any of the armed forces of Her Majesty or by the Royal Hong Kong Defence Force. (Amended, L.N. 375/84)
(2) Any person contravening the provisions of this section shall be guilty of an offence and shall be liable on summary conviction to a fine of $500 or to imprisonment for 3 months.
9. If stores are found in the possession or keeping of a person being in Her Majesty's service, or in the service of a public department, or being a dealer in marine stores or in old metals, or a pawnbroker (within the meaning of any enactments for the time in force relating to such dealers or to pawnbrokers), and he is taken or summoned before a magistrate, and the magistrate sees reasonable grounds for believing the stores found to be or to have been Her Majesty's property, then if such person does not satisfy the magistrate that he came lawfully by the stores so found, he shall be guilty of an offence and shall be liable on summary conviction to a fine of $500.
10. For the purposes of this Ordinance stores shall be deemed to be in the possession or keeping of any person if he knowingly has them in the actual possession or keeping of any other person, or in any house, building, lodging, apartment, field, or place, open or enclosed, whether occupied by himself or not, and whether the same are so had for his own use or benefit or for the use or benefit of another.
11. This Ordinance shall apply to stores bearing any such mark or part of a mark as is in this Ordinance mentioned, whether applied before or after the passing of this Ordinance.
2
CAP. 144]
Public Stores
[1984 Ed.
Unlawful
possession of Her Majesty's
stores.
38 & 39 Vict. c. 25, s. 7.
Prohibition of sweeping, etc. near dockyards, artillery ranges.
etc.
38 & 39 Vict. c. 25. s. 8.
Penalty on dealer, etc., found in
possession of stores, and not accounting for them.
38 & 39 Vict. c. 25, s. 9.
Criminal possession explained.
38 & 39 Vict. c. 25, s. 10.
Ordinance to
apply to stores marked before its passing.
38 & 39 Vict. c. 25, s. 18.
7.
If any person is brought before a magistrate charged with conveying or with having in his possession or keeping any of Her Majesty's stores reasonably suspected of being stolen or unlawfully obtained, and does not give an account to the satisfaction of the court how he came by the same, he shall be deemed guilty of an offence and shall be liable on summary conviction to a fine of $500 or to imprisonment for 3 months.
8. (1) It shall not be lawful for any person, without permis- sion in writing from the Director of Marine, or from some person authorized by the Director of Marine in that behalf (proof of which permission shall lie on the party accused), to gather or search for stores, or to creep, sweep, or dredge in the sea or any tidal water, within 100 metres from any vessel belonging to Her Majesty or in Her Majesty's service, or from any mooring place or anchoring place appropriated to such vessels, or from any moorings belonging to Her Majesty, or from any of Her Majesty's wharves, or dock, victualling, or steam factory yards, or from any aerodrome used by the Royal Air Force or the Royal Hong Kong Defence Force, or within 1 000 metres from any battery or fort or other place used for firing practice by any of the armed forces of Her Majesty or by the Royal Hong Kong Defence Force. (Amended, L.N. 375/84)
(2) Any person contravening the provisions of this section shall be guilty of an offence and shall be liable on summary conviction to a fine of $500 or to imprisonment for 3 months.
9. If stores are found in the possession or keeping of a person being in Her Majesty's service, or in the service of a public department, or being a dealer in marine stores or in old metals, or a pawnbroker (within the meaning of any enactments for the time in force relating to such dealers or to pawnbrokers), and he is taken or summoned before a magistrate, and the magistrate sees reasonable grounds for believing the stores found to be or to have been Her Majesty's property, then if such person does not satisfy the magis- trate that he came lawfully by the stores so found, he shall be guilty of an offence and shall be liable on summary conviction to a fine of $500.
10. For the purposes of this Ordinance stores shall be deemed to be in the possession or keeping of any person if he knowingly has them in the actual possession or keeping of any other person, or in any house, building, lodging, apartment, field, or place, open or enclosed, whether occupied by himself or not, and whether the same are so had for his own use or benefit or for the use or benefit of another.
11. This Ordinance shall apply to stores bearing any such mark or part of a mark as is in this Ordinance mentioned, whether applied before or after the passing of this Ordinance.
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