OBSCENE PUBLICATIONS ORDINANCE, 1914

OBSCENE PUBLICATIONS ORDINANCE, 1914

No. 15 of 1914.

AnOrdinance for more effectually preventing the Publication
of obscene books, pictures, and other articles.

[5th June, 1914.]

1. This Ordinance may be cited as the Obscene Publications
Ordinance, 1914.

2. When it appears to any justice of the peace upon the
o,ath of any person that there is reasonable cause to believe
that any obscene or indecent books, papers, writings, prints,

+ As amended by No. 18 of 1935 [1.1.36] and Law Rev. Ord., 1939.





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
reprtsentations 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-

(i) 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. Wheft 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.
articles so seized, except such of them as he considers necessary
to be preserved as evidence in some further proceedings, to be
destroyed after the expiration of seven days, unless an applica-
tion be duly made to the said magistrate in the meantime to state
and sign a case or to grant leave to appeal to the Full Court by
way of a re-hearing, and such articles shall be in the meantime
impounded.
[Originally No. 15 of 1914. Law Rev. Ord., 1939.] Short title. Warrant to search for and seize obscene articles kept for publication. Powers of officer executing warrant. Summons to occupier, etc., and destruction of articles.

[Originally No. 15 of 1914. Law Rev. Ord., 1939.] Short title. Warrant to search for and seize obscene articles kept for publication. Powers of officer executing warrant. Summons to occupier, etc., and destruction of articles.

https://oelawhk.lib.hku.hk/items/show/1533

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