DEFENCES (SKETCHING PREVENTION) ORDINANCE, 1893

DEFENCES (SKETCHING PREVENTION) ORDINANCE, 1893

1894.

No. 1 of 1894, incorporated in No. 4 Of 1897.

No. 2 of 1894, repealed by No. 43 Of 1912.

No. 3 of 1894, repealed by No. 18 of 1936.

1895.

No. 1 of 1895.

An Ordinance to Prevent. the sketching of defences.

[4th March, 1895.]

1. This Ordinance may be cited as. the Defences (Sketching
Prevention) Ordinance, 1895.

1A.-In this Ordinance,

(a) ' Battery ' includes any battery, field-work or fortification, or any
portion thereof, within the Colony or the waters thereof.

(b) ' Naval or military premises or anchorages ' includes every place,
whether on land or on water, which'is reserved, either wholly or in part and
whether at intervals or continuously, for naval or military operations or
purposes.

(c) ' Sketch ' includes any sketch, drawing, photographt negative,
picture or painting.

2.-(1) It shall not be lawful for any person, whether a British subject or
an alien, tomake or attempt to make or have





in his possession, custody,.or control, any sketch of any battery,. or of any
nav*al or military premises or anchorages, or of any of His Majesty's ships
without the permission in writing of the Governor.

(2) Such permission shall clearly and expressly state the nature of the
sketches which may be made or possessed by the person to whom such
permission is given, and the. place of which such sketches may be made.

3. Every person who, contravenes the provisions of section 2 shall
upon summary conviction be liable to a fine not exceeding five hundred
dollars, or to imprisonment for any term. not exceeding three months; and
further, all such sketches shall be liable to forfeiture.

4. Every person found in the immediate vicinity of any battery, or of
any naval or military premises or anchorages, or of any of His Majesty's
ships, and with sketching, drawing, photographic, or painting materials or
apparatus in his possesion, with the intention of contravening the
provisions of section 2, shall upon- summary conviction be liable to a find
not exceeding one hundred and twenty-five dollars, or to imprisonment for
any term not exceeding one month.

4A. Every person who, without lawful authority or excuse,
is found in or upon any battery, or in or upon, any place,
whether fortified or not, which is set apart or . reserved for naval
or military operations or purposes and which the . general public
have no right to enter into or upon, shall be guilty of an
offence and shall upon summary conviction be liable to a fine
not exceeding five hundred dollars, or. to imprisonment for any
term not exceeding six months.

. 1 5. It-shall be lawful for the Commissioner or Deputy Commissioner of Police
or for any police officer authorized by either of them,* to search the
baggage, apartments, and premises of any person found committing any
offence against this Ordinance, and to take possession of any sketches
which, may appear to him to have been illegally made, and to detain and
deal
with the same in such manner as may be directed by a
magistrate.

6. Any commissioned or non-commissioned officer in His
Majesty's naval or military forces and any police officer may,
with or without any warrant or other process, apprehend or
cause to be apprehended any person offending against this
Ordinance or suspected of so offending, and may bring hirn or
cause him to be -brought before a magistrate for the purpose
of being dealt with according to law.

7. Whenever it appears to any magistrate upon the oath of
any person of repute that there is good cause to believe. that
there is in any house, shop, room or other place any' sketch,
in respect of which it may appear that an offence has been
committed against this Ordinance, such magistrate may by
warrant directed to any European police officer empower such
officer to enter the same with such assistance as may be neces-
sary in the day-time, and if necessary to use force by breaking
open doors or otherwise and search for and seize any such
sketch found therein, and to arrest any person who may appear
to have such articles so seized in his. possession, custody or
control.

[s. 8, rep. No. 26 of 1912.]
[1.10.36.] [Originally No. 1 of 1895. No. 18 of 1929.] Short title. Interpretation. Prohibition of sketching of battery, etc. Penalty. Penalty on person attempting to sketch battery, etc. Trespassing on fortifications or naval or military premises. Power to search for and seize illegal sketches, etc. Arrest of offender. Issue of search warrant.

[1.10.36.] [Originally No. 1 of 1895. No. 18 of 1929.] Short title. Interpretation. Prohibition of sketching of battery, etc. Penalty. Penalty on person attempting to sketch battery, etc. Trespassing on fortifications or naval or military premises. Power to search for and seize illegal sketches, etc. Arrest of offender. Issue of search warrant.

https://oelawhk.lib.hku.hk/items/show/1447

1937

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No. 1 of 1895

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