PUBLIC STORES ORDINANCE

PUBLIC STORES ORDINANCE

LAWS OF HONG KONG

PUBLIC STORES ORDINANCE

CHAPTER 144





CHAPTER 144

PUBLIC STORES

To make provision for the protection of Public Stores.

[1 September 1950.]

1. This Ordinance may be cited as the Public Stores Ordinance.

2. In this Ordinance, unless the context otherwise requires
'stores' includes all goods and chattels, and any single store or article.

3. This Ordinance shall apply to all stores under the care,
superintendence, or control of a Secretary of State or the Admiralty, or
any public department or office, or of any person in the service of Her
Majesty, and such stores are in this Ordinance referred to as Her
Majesty's stores. The Secretary of State, Admiralty, public department,
office, or person having the care, superintendence, or control of such
stores, is hereinafter in this Ordinance included in the expression
'public department'.

4. The marks described in the Schedule may be applied in or on
stores therein described in order to denote Her Majesty's property in
stores so marked; and it shall be lawful for any public department, and
the contractors, officers, and workmen of such department, to apply
those marks, or any of them, in or on any such stores; and if any person
without lawful authority (proof of which authority shall lie on the party
accused) applies any of those marks in or on any such stores he shall be
guilty of an offence and shall be liable on summary conviction to
imprisonment for 2 years.

5. If any person with intent to conceal Her Majesty's property in
any stores takes out, destroys, or obliterates, wholly or in part, any such
mark as aforesaid, or any mark whatsoever denoting the property of Her
Majesty in any stores, he shall be guilty of felony, and on conviction
thereof on indictment shall be liable to imprisonment for 7 years.

6. A police officer may stop, search, and detain any vessel, boat or
vehicle in which there is reason to suspect that any of Her Majesty's
stores stolen or unlawfully obtained may be found, or any person
reasonably suspected of having or conveying in any manner any of Her
Majesty's stores stolen or unlawfully obtained.





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 1000 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. 375184)

(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 S500 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.





SCHEDULE [s. 4.]

MARKS APPROPRIATED FOR USE IN OR ON HER MAJESTY'S
STORES

Stores Marks

Hempen cordage and wire rope. White, black, or coloured worsted threads
laid up with the yarns and the wire
respectively.

Canvas. fearnought. hammocks, and A blue line in a serpentine form.
seamen's bags.

Bunting. A double tape in the warp.

Candies. Blue or red cotton threads in each wick or
wicks of red cotton.

Timber or metal. The name of Her Majesty, her
Any stores not before enumerated. predecessors. her heirs or suc-
whether similar to the above or not. cessors. or of any. public depart-
ment, or any branch thereof. or
the broad arrow. or a crown, or
Her Majesty's arms, whether such
broad arrow. crown. or arms be
alone or be in combination with
any such name as aforesaid. or
with any letters denoting any such
name. A foul anchor. a number
prefixed with the letters---A.P.' or
the letters 'KM.' in combination
with a crown.
Originally 27 of 1950. (Cap. 144, 1950.) L.N. 375/84. Short title. Interpretation. 38 & 39 Vict. c. 25, s. 2. Stores to which the Ordinance applies. 38 & 39 Vict. c. 25, s. 3. Marks in Schedule appropriated for public stores. 38 & 39 Vict. c. 25, s. 4. Obliteration with intent to concealment. 38 & 39 Vict. c. 25, s. 5. Power to stop suspected boats, persons, etc. 38 & 39 Vict. c. 25, s. 6. 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.

Originally 27 of 1950. (Cap. 144, 1950.) L.N. 375/84. Short title. Interpretation. 38 & 39 Vict. c. 25, s. 2. Stores to which the Ordinance applies. 38 & 39 Vict. c. 25, s. 3. Marks in Schedule appropriated for public stores. 38 & 39 Vict. c. 25, s. 4. Obliteration with intent to concealment. 38 & 39 Vict. c. 25, s. 5. Power to stop suspected boats, persons, etc. 38 & 39 Vict. c. 25, s. 6. 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.

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