INCITEMENT TO DISAFFECTION ORDINANCE
Title
INCITEMENT TO DISAFFECTION ORDINANCE
Description
CHAPTER 200.
INCITEMENT TO DISAFFECTION.
To make provision for the prevention of endeavours to
seduce members of His Majesty's forces, or any
member of any local Naval, Military, Air or Police
force, corps or reserve, from their duty, or from their
allegiance to His Majesty, and to punish those who aid
deserters.
[31st March, 1939.]
1. This Ordinance may be cited as the Incitement to
Disaffection Ordinance.
2. If any person maliciously and advisedly endeavours
to seduce any member of His Majesty's forces, or any
member of any local Naval, Military, Air Force or Police
force, corps or reserve, from his duty, or from his allegiance
to His Majesty, he shall be guilty of an offence.
3. If any person-
(a) knowing that a member of His Majesty's forces,
or of the forces, corps, or reserves mentioned in
section 2, is about to desert or absent himself
without leave, aids or assists him in deserting or
absenting himself without leave, or
(b) knowing such a person to be a deserter or absentee
without leave, conceals such person, or aids or
assists him in concealing himself, or aids or assists
his rescue,
he shall be guilty of an offence. [2A]
4. (1) If any person, with intent to commit or to
aid, abet, counsel or procure the commission of an offence
under section 2, has in his possession or under his control
any document of such a nature that the dissemination of
copies thereof among members of His Majesty's forces, or
of the forces, corps, or reserves mentioned in section 2,
would constitute such an offence, he shall be guilty of an
offence.
(2) If a judge of the Supreme Court is satisfied by
information on oath that there is reasonable ground for
suspecting that an offence under this Ordinance has been
committed, and that evidence of the commission thereof is
to be found at any premises or places specified in the
information, he may on an application made by a police
officer of a rank not lower than that of inspector, grant a
search warrant authorizing any such officer as aforesaid
named in the warrant together with any other persons nanied
in the warrant and any other police officers to enter the
premises or place at any time within one month from the
date of the warrant, if necessary by force, and to search
the premises or place and every person found therein, and
to seize anything found on the premises or place or on
any such. person which the officer has reasonable ground
for suspecting to be evidence of the commission of such
an offence as aforesaid : Provided that-
(a) a search warrant shall only be issued in respect
of an offence suspected to have been committed
within the three months prior to the laying of the
information thereof; and
(b) if a search warrant under this Ordinance has been
executed on any premises, it shall be the duty of
the police officer who has conducted or directed
the search to notify the occupier that the search
has taken place, and to suppiy him on request with
a list of any documents or other objects which have
been removed from the premises, and where any
documents have been removed from any other
person, to supply that person with a list of such
documents.
(3) No woman shall, in pursuance of a warrant issued
under the last foregoing subsection, be searched except by
a woman.
(4) Anything seized under this section may be retained
for a period not exceeding one month, or if within that
period proceedings are commenced for an offence under this
Ordinance until the conclusion of those proceedings, and
subject as aforesaid, aiid to the provisions of this Ordin-
ance conferring powers on courts dealing with offences,
section 48 of the Magistrates Ordinance (which makes
provision with respect to the disposal of property in the
possession of the police) shall apply to property which has
come into the possession of the police under this section
as it applies to property which has come into the possession
of the police in the circumstances mentioned in that
section. [3]
5. (1) A person guilty of an offence under this
Ordinance shall be liable, on conviction on indictment, to
a fine of two thousand five hundred dollars and imprison-
ment for two years, or on summary conviction to a fine
of two hundred and fifty dollars and imprisonment for four
months.
(2) Where any person is convicted of an offence
under this Ordinance, the Court dealing with the case may
order any documents connected with the offence to be
destroyed or dealt with in such other manner as may be
specified in the order, but no documents shall be destroyed
before the expiration of the period within which an appeal
may be lodged, and if an appeal is lodged no document
shall be destroyed until after the appeal has been heard
and decided.
[4]
6. No prosecution under this Ordinance shall take
place without the consent of the Attorney General, who
shall decide whether the magistrate having cognizance of
the case shall deal with it summarily or as a case for
committal for trial on indictment. [5]
9 of 1939. 3 of 1940. 24 of 1950. Short title. Endeavoring to seduce soldiers, etc. from duty or allegiance. 24 & 25 Geo. 5, c. 56, s. 1. 24 of 1950, Schedule. Assisting or concealing deserters. [cf. 44 & 45 Vict, c. 58, s. 153.] 24 of 1950, Schedule. Prevention and detection of offences. 24 & 25 Geo. 5, s. 56, s. 2. [s. 4 cont.] 3 of 1940, s. 2. 3 of 1940, s. 2. (Cap. 227.) Penalty. 24 & 25 Geo. 5, c. 56, s. 3(1) and (4). Legal proceedings. 24 & 25 Geo. 5, c. 56, s. 3(2) and (3).
Abstract
9 of 1939. 3 of 1940. 24 of 1950. Short title. Endeavoring to seduce soldiers, etc. from duty or allegiance. 24 & 25 Geo. 5, c. 56, s. 1. 24 of 1950, Schedule. Assisting or concealing deserters. [cf. 44 & 45 Vict, c. 58, s. 153.] 24 of 1950, Schedule. Prevention and detection of offences. 24 & 25 Geo. 5, s. 56, s. 2. [s. 4 cont.] 3 of 1940, s. 2. 3 of 1940, s. 2. (Cap. 227.) Penalty. 24 & 25 Geo. 5, c. 56, s. 3(1) and (4). Legal proceedings. 24 & 25 Geo. 5, c. 56, s. 3(2) and (3).
Identifier
https://oelawhk.lib.hku.hk/items/show/2026
Edition
1950
Volume
v4
Subsequent Cap No.
200
Number of Pages
3
Files
Collection
Historical Laws of Hong Kong Online
Citation
“INCITEMENT TO DISAFFECTION ORDINANCE,” Historical Laws of Hong Kong Online, accessed January 8, 2025, https://oelawhk.lib.hku.hk/items/show/2026.