DEFENCE WORKS PROTECTION ORDINANCE

DEFENCE WORKS PROTECTION ORDINANCE

LAWS OF HONG KONG

DEFENCE WORKS PROTECTION ORDINANCE

CHAPTER 195





CHAPTER 195

DEFENCE WORKS PROTECTION

To protection to defence works essential to
the security or of the

[11 August 1950.]

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

2. In this Ordinance, unless the context otherwise requires--

'closed area- means any area or place declared by order of the Go\
Governor to be a closed area under section 36 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 Go\ Governor given under
this section such authority has been delegated in whole or in part:

-military premises 11 includes any place on land or water reserved
whether wholly or in part and whether at intervals or continuously
for military purposes:

purposes means the purposes of am of Her 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 ammumtion
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;

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 an offence and shall be liable on summary conviction to a
fine of $2,000 or to imprisonment for 6 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 and 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 guilty of an offence
and shall be liable on summary conviction to a fine of S500 or to
imprisonment for 2 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 be liable on summary conviction to a
fine of S500 or to imprisonment for 6 months.

7. It shall be lawful for the Commissioner of Police or for any police
officer authorized by him 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 and deal with
the same in such manner as may be directed by a magistrate.

8. Any member of Her 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 offending, and may bring him 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 otherwise 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 hi's possession, custody or control.

10. Nothing in this Ordinance shall derogate from the provisions of
the Official Secrets Act 1911.
Originally 21 of 1950. (Cap. 195. 1950.) Short title. Interpretation. (Cap. 245.) (Cap. 260.) 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.)

Originally 21 of 1950. (Cap. 195. 1950.) Short title. Interpretation. (Cap. 245.) (Cap. 260.) 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.)

https://oelawhk.lib.hku.hk/items/show/2819

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