DEFENCE WORKS PROTECTION ORDINANCE

DEFENCE WORKS PROTECTION ORDINANCE

CHAPTER 195.

DEFENCE WORKS PROTECTION.

To afford greater protection to defence works and property
essential to the security or life of the community.

[11th August, 1950.]

1. This Ordinance may be cited as the Defence Works
Protection Ordinance.

2. In this Ordinance-
'closed area' means any area or place declared by order
of the Governor to be a closed area under section io
of the Public Order Ordinance.
'lawful authority' means the authority of the Governor or
such person or persons, to whom by the direction of the
Governor given tinder this section such authority has
been delegated in whole or in part;
'military premises' includes any place on land or water
reserved whether wholly or in part and whether at
intervals or continuously for military purposes;
'military purposes' means the purposes of any of His
Majesty's regular forces or any local naval military air
or police force corps or reserve;
'model' includes design pattern and specimen;
'munitions of war' includes the whole or any part of any
ship, submarine, aircraft, tank or similar engine, arms
and ammunition, torpedo or mine, rocket, bomb or
projector therefor, intended or adapted for use in war,
and any other article, material, or device, whether actual
or proposed, intended for such use ;
'prohibited place' means any protected place, any closed
area, any military premises and any place which is for
the time being declared by order of the Governor to be
a prohibited place for the purposes of this section on
the ground that information with respect thereto or
the destruction or obstruction thereof or interference
therewith would be useful to an enemy or potential
enemy or would be prejudicial to the security of the
Colony;
'protected place' means any place which has been declared
to be a protected place under section 2 Of the Protected
Places (Safety) Ordinance;





'sketch' includes any photograph or other mode of
representing any place or thing.

3. It shall not be lawful for any person without lawful
authority to make or attempt to make or have in his
possession, custody, or control, any sketch model or plan
of any prohibited place or of any munitions of war.

4. Any person who contravenes the provisions of
section 3 shall be guilty of aii offence and shall upon sum-
mary conviction be liable to a fine of two thousand dollars
or to imprisonment for six months, and all such sketches,
models and plans shall be liable to forfeiture.

5. Any person found in the immediate vicinity of any
prohibited place or any munitions of war aiid with materials
or apparatus for making a sketch, model or plan in his
possession, with the intention of contravening the provisions
Of section 3, shall be guilly of an offence and shall iipon
sunimary conviction be liable to a llne of live hundred
dollars or to imprisonment for two months.

6. Any person who without lawful authority is found
in or upon any prohibited place, other than a protected
place or closed area, shall be guilty of an offence and shall
upon summary conviction be liable to a fine of five hundred
dollars or to iniprisonment for six months.
7. It shall be lawful for the Commissioner of Police
or for any police officer authorized by hini to search the
baggage, apartment and premises of any person found
committing any offence against this Ordinance, and to take
possession of any sketches, models or plans which may
appear to him to have been illegally made, and to detain aiid
deal with the same in such manner as may be directed by
a magistrate.

8. Any merriber of His Majesty's regular forces or
of any local naval military or air force corps or reserve 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 offend-
ing, and may bring hirn or cause him to be brought before





a magistrate for the purpose of being dealt with according
to law.

9. 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, model or plan, in respect of which it may
appear that an offence has been committed against this
Ordinance, such magistrate may by warrant directed to any
police officer empower such officer to enter the same with
such assistance as may be necessary in the day-time, and
if necessary to use force by breaking open doors or other-
wise and search for and seize any such sketch, model or
plan found therein, and to arrest any person who may
appear to have such articles so seized in his possession,
custody or control.

10. Nothing in this Ordinance shall derogate from the
provisions of the Official Secrets Act, 1911.
21 of 1950. Short title. Interpretation. (Cap. 245.) (Cap. 260.) [s. 2 cont.] Prohibition of sketching. Penalties. Penalty on person attempting to sketch prohibited place, etc. Trespassing in prohibited place. Power to search for and seize illegal sketches, etc. Arrest of offender. Issue of search warrant. Saving (1 & 2 Geo. 5, c. 28).

21 of 1950. Short title. Interpretation. (Cap. 245.) (Cap. 260.) [s. 2 cont.] Prohibition of sketching. Penalties. Penalty on person attempting to sketch prohibited place, etc. Trespassing in prohibited place. Power to search for and seize illegal sketches, etc. Arrest of offender. Issue of search warrant. Saving (1 & 2 Geo. 5, c. 28).

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