EMERGENCY (PRINCIPAL) REGULATIONS
Title
EMERGENCY (PRINCIPAL) REGULATIONS
Description
EMERGENCY (PRINCIPAL) REGULATIONS.
ARRANGEMENT OF REGULATIONS.
Regulation.................................. Page.
1. Citation ................................... ... ... ... . ... ... P 7
PART 1.
INTRODUCTION.
2. General interpretation.................... ... ... ... ... ... ... ... P 7
3. Competent authority ................... ... ... ... ... ... ... ... P11
4. Authorized officers ................... ... ... ... ... ... ... ... I'll
PART 11.
CENSORSHIP AND CONTROL OF PUBLICATIONS
AND
MEANS OF COMMUNICATION.
5.......................Appointment of censor and censorship ... ... ... ... ... ... ... P 12
6..............Prohibited matter .............. ... ... ... ... ... ... ... ... P 12
7..............Prohibited publications .. ... ... ... ... ... ... ... ... ... ... P 12
8.......................General power of examination, etc. ... ... ... ... ... ... ... P 13
9.......................Examination, etc., of postal packets ... ... ... ... ... ... ... P 13
10. Restrictions on dispatch and distribution of certain articles ... ... ... P 14
11................Censorship on travellers ... ... ... ... ... ... ... ... ... ... P Is
12................Examination of consignments ... ... ... ... ... ... ... ... ... PIS
13..............Newspaper permits .............. ... ... ... ... ... ... ... ... P 16
14..............Official communications .. ... ... ... ... ... ... ... ... ... ... P 16
15..................Publication of certain matters ... ... ... ... ... ... ... ... ... P 16
16. Power to require submission of matter for censorship before publication ... P 17
17. Censorship not to be disclosed ... ... ... ... ... ... ... ... ... P 17
18. Seizure and detention ... ... ... ... ... ... ... ... ... ... ... P 17
19. Action against printing presses, etc., responsible for contravention ... ... P 17
20. Search,..etc ......................... ... ... ... ... ... ... ... ... ... P 18
E
21. Wireless telegraphy, etc . ... ... ... ... ... ... ... ... ... ... ... P 18
22. Interference with telegraphic communications ... ... ... ... ... ... P 20
23. Signalling ... ... ... ... ... ... ... ... ... ... ... ... ... ... P 20
24.....................Means of secret communications ... ... ... ... ... ... ... ... P 21
Regulation. Page.
25. Posting placards, etc. ... ... ... ... ... ... ... ... ... ... ... P 23
26. Publications may be prohibited ... ... ... ... ... ... ... ... P 23
27. Dissemination of false reports ... ... ... ... ... ... ... ... ... ... P 23
28. Power to prohibit publication of names of witnesses, etc . ... ... ... ... P 23
PART 111.
ARREST, DETENTION, EXCLUSION AND
DEPORTATION.
29. Arrest and power to detain suspected persons ... ... ... ... ... ... P 23
30. Arrest of persons suspected of being liable to detention ... ... ... ... P 24
31. Power to order detention ... ... ... ... ... ... ... ... ... ... ... P 24
32. Detained person may be ordered to leave the Colony ... ... ... ... ... P 25
33. Inhabitants of certain areas may be ordered to leave the Colony ... ... P 27
34. Declaration of special areas and duties of persons therein ... ... ... ... P 28
35. Use of lethal weapons in effecting arrests ... ... ... ... ... ... ... 029
36. Transfer of persons in custody ... ... ... ... ... ... ... ... ... ... P
29
37. Restriction orders ... ... ... ... ... ... ... ... ... ... ... ... P 30
38. Special supervision ... ... ... ... ... ... ... ... ... ... ... ... 30
39. Power of Governor to order dismissal and stoppage of salary of public
officer ... ... ... ... ... ... ... ... ... ... ... ... ... ... P 31
40. Further detention after arrest or detention under regulation 29 ... ... P 31
41. Power to search for and seize weapons, etc . ... ... ... ... .... ... ... IP 32
PART IV.
CONTROL OF HARBOURS, PORTS AND TERRITORIAL
WATERS OF THE
COLONY AND MOVEMENTS OF VESSELS AND
AIRCRAFT.
42. General control of navigation ... ... ... ... ... ... ... ... ... ... P 32
43. Control of lighthouses, etc . ... ... ... ... ... ... ... ... ... ... P, 33
44. Power to exclude British ships from particular areas ... ... ... ... ... P 33
45. Measures for safety of vessels in the waters of the Colony ... ... ... ... C 34
46. Control over visitors to ships ... ... ... ... ... ... ... ... ... ... P 35
47. Measure for safety of British ships ... ... ... ... ... ... ... ... P. 36
48. Employment in British ships and aircraft ... ... ... ... ... ... ... P.36
49. Employment outside the Colony of agents for ships and aircraft ... ... P 37
50. Entry and departure of ships and aircraft ... ... ... ... ... ... ... P 37
Regulation. Page.
51. Power to detain vessels, aircraft and vehicles and persons on board ... P 38
52. Prohibition as to supply of fuel, victuals and necessaries, and the repair
of ships and aircraft ... ... ... ... ... ... ... ... ... ... ... P 40
53. Desertion from ships, etc. ... ... ... ... ... ... ... ... ... ... P 40
54. Control of trade by sea ... ... ... ... ... ... ... ... ... ... ... P 41
55. Control of agreements for use or hire of, or carriage of goods in, ships ... P 43
56. Effect of requisition, etc., on agreements for service in ships ... ... ... P 43
57. Regulation or prohibition of the navigation of aircraft over the Colony ... P 43
PART V.
TRANSPORT.
58.........................Control of territorial and colonial waters ... ... ... ... ... ... P43
59. Control of roads and travel by vehicle and temporary control of territorial
waters and colonial waters .............. ... ... ... ... ... ... P 44
60.............................Control of mechanically propelled vessels or vehicles ... ... ... ... P 44
61. Control of fuel, etc., required for mechanically propelled vessels or
vehicles ................................ ... ... ... ... ... ... P 44
62................Maintenance of highways ... ... ... ... ... ... ... ... ... ... P 45
63........................................Control of traffic within the harbours and territorial waters of the Colony P 45
64. Congestion of traffic within the harbours and territorial waters of the
Colony and on railways ................. ... ... ... ... ... P 45
65. Handling and conveyance of ammunition, etc., within the harbours and
territorial waters of the Colony ....... ... ... ... ... ... ... ... P 46
66. Powers to stop and search vehicles including railway vehicles and
tramways ............................... ... ... ... ... ... ... P 46
PART VI.
POSSESSION OR CONTROL OF PROPERTY, UNDERTAKING
OR EMPLOYMENT.
67..................Taking possession of land ... ... ... ... ... ... ... ... ... P 47
68.........................Requisition of property other than land ... ... ... ... ... ... P 48
69.........................Power to commandeer property other than land ... ... ... ... ... P 51
70..................Power to do work on land ... ... ... ... ... ... ... ... ... P 52
71...........................Use of land by Her Majesty's forces and police ... ... ... ... ... P 53
72...........................Power to require storing, cooling, etc., services ... ... ... ... ... P 53
Regulation. Page.
73. Power to require water and power services ... ... ... ... ... ... ... P 53
74. General control of industry ... ... ... ... ... ... ... ... ... ... P 54
75. Controlled undertakings ... ... ... ... ... ... ... ... ... ... ... P 56
76. Control of employment ... ... ... ... ... ... ... ... ... ... ... P 57
77. Entry and inspection of land ... ... ... ... ... ... ... ... ... ... P 58
78. Derelict articles ... ... ... ... ... ... ... ... ... ... ... ... ... P 58
79. Avoidance of strikes and lock-outs in essential services ... ... ... ... P 59
80. Special powers as to ships and aircraft ... ... ... ... ... ... ... ... P 59
81. Power to permit nuisances where necessary ... ... ... ... ... ... ... P 61
82. Information as to storage facilities ... ... ... ... ... ... ... ... ... P 62
83. Application of Compensation (Defence) Regulations ... ... ... P 62
PART VII.
MISCELLANEOUS PROVISIONS.
84.........Inquiries ........................ ... ... ... ... ... ... ... ... P 63
85. Publicity of orders................ ... ... ... ... ... ... ... P 63,
86. Affixing of notices................ ... ... ... ... ... ... ... P 64
87.......................Admission of statements in evidence ... ... ... .... ... ... ... P 64
88. Criminal proceedings may be held in camera, and non-disclosure of
identity of witnesses in certain cases ... ... ... ... ... ... P 65
89................................Disposal of articles in possession of executive authority ... ... ... P 65
90.........Billeting ........................ ... ... ... ... ... ... ... ... P 67
91.........Postal services .................. ... ... ... ... ... ... ... ... ... P 68
92...........................Orders for the opening or closing of premises ... ... ... ... ... P 68
93.............Telephone service ............ ... ... .... ... ... ... ... ... P 68
94.............................Display of certain notices by certain establishments ... ... ... ... P 68
95...........................Prohibition, etc., of sale of intoxicating liquor ... ... ... ... ... P 69
96...........Identification ................. ... ... ... ... ... ... ... ... P 69
97..................Power to obtain information ... ... ... ... ... ... ... ... ... P 70
98...........False statements ............... ... ... ... ... ... ... ... ... ... P 70
99. Identification of persons in custody ... ... ... ... ... ... ... ... P 70
Regulation. Page.
100. Powers of entry and search of premises, places, vehicles, vessels or aircraft ... P 71
100A. General provision as to use of force in exercise of powers ... ... ... ... P 71
100B. Degree of force which may be used and indemnity ... ... ... ... ... P 71
101. Special constables ... ... ... ... ... ... ... ... ... ... ... ... P 72
102. Restriction on disclosing information ... ... ... ... ... ... ... ... P 72
103. Production of licences, permits, etc . ... ... ... ... ... ... ... ... P 72
104. Fees for licences, etc. ... ... ... ... ... ... ... ... ... ... ... P 72
105. Recovery of expenses ... ... ... ... ... ... ... ... ... ... ... P 73
106. Power of Governor to order use of prisoners for certain purposes ... ... P 73
107. Powers to disperse assemblies ... ... ... ... ... ... ... ... ... ... P 73
108. Revocation and variations of orders, etc . ... ... ... ... ... ... ... P 73
109. Powers of Governor ... ... ... ... ... ... ... ... ... ... ... ... P 73
PART VIII.
SPECIAL OFFENCES AND
PENALTIES.
110.............Injury to property ............. ... ... ... ... ... ... ... ... P 74
111........................Interference with Her Majesty's force, etc . ... ... ... ... ... ... P 74
112......................Misleading acts and misrepresentation ... ... ... ... ... ... ... P 75
113...........Obstruction ................... ... ... ... ... ... ... ... ... P 75
114. Unlawful possession of and dealing with arms, etc., belonging to
military or police forces .............. ... ... ... ... ... ... P 76
115.............Escape from custody ...... ... ... ... ... ... ... ... ... ... ... P 76
116......................Prohibition of uniforms, emblems, etc . ... ... ... ... ... ... ... P 76
117.............Offensive weapons .............. ... ... ... ... ... ... ... ... P 77
118. Consorting with person carrying or having possession of arms, ammuni-
tion, explosive substance or offensive weapon ... ... ... ... ... P 77
119. Failure to report offence of carrying or possessing arms, ammunition,
explosive substance or offensive weapon ... ... ... ... ... ... P 77
119A. Persons frequenting or found in premises containing arms, offensive
weapons, etc. to be guilty of offence ... ... ... ... ... ... ... P77
119B. Persons found in premises to which authorized officer denied access to
be guilty of offence ...................... ... ... ... ... ... P78
119C...................Possession of corrosive substance ... ... ... ... ... ... ... ... P 78
Regulation. Page.
119D. Possession of simulated bomb ... ... ... ... ... ... ... ... ... ... P 78
119E. Defence in respect of charges under regulations 119A and 119D ... ... P78
120. Consorting with or harbouring persons wearing unauthorized uniforms,
etc . ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... P 79
121. Carrying a fire-arm while drunk or disorderly ... ... ... ... ... ... P 79
122. Fire-arms, etc . ... ... ... ... ... ... ... ... ... ... ... ... ... P79
123. Prohibition of explosive substances ... ... ... ... ... ... ... ... P 79
124. Certain offences in closed, protected, damaged or evacuated areas to be
punishable with life imprisonment ... ... ... ... ... ... ... ... P 80
125. Interference with and damage to communications, etc . ... ... ... ... P 80
126. Power of Governor in Council to proscribe organization ... ... ... ... P 81
127. Meetings ... ... ... ... ... ... ... ... ... ... ... ... ... ... P 81
128. Trespassing and loitering ... ... ... ... ... ... ... ... ... ... ... P 82
129. Sabotage ... ... ... ... ... ... ... ... ... ... ... ... ... ... P 83
130. Seduction from duty, disaffection and propaganda ... ... ... ... ... P 83
131. Offences by corporations ... ... ... ... ... ... ... ... ... ... ... P 83
132. Alteration and improper use of licences and permits ... ... ... ... ... P 84
133. Attempt to commit an ofrence to be deemed an offence ... ... ... ... P 84
134. Liability for offences ... ... ... ... ... ... ... ... ... ... ... ... P 84
135. Obtaining possession, where possession is an offence ... ... ... ... ... P 84
136. General penalties ... ... ... ... ... ... ... ... ... ... ... ... P 84
136A. Modification of District Court Ordinance increasing Court's p power of
.sentence for certain offences ... ... ... ... ... ... ... ... ... P 85
PART IX.
COMMENCEMENT.
137...........Commencement ............... ... ... ... ... ... ... ... ... ... P 85
Schedule. Appointment of Competent Authorities made pursuant to the provisions
of Regulation 3............................ ... ... ... ... ... ... P 86
EMERGENCY (PRINCIPAL) REGULATIONS.
(Cap. 241, section 2).
1. These regulations may be cited a's the Emergency (Principal)
Regulations.
PART 1.
INTRODUCTION.
2. (1) In these regulations, unless the context otherwise requires
'aircraft- has the same meaning as it has in any Order in Council for the
time being in force under Part I of the Air Navigation Acts 1920 to
1947;
---arms-and 'ammunition' shall have the same meanings as they have in
the Arms and Ammunition Ordinance;
,,area' includes structure;
'Attorney General- includes Solicitor General;
'authorized guard- has the same meaning as it has in the Protected
Places (Safety) Ordinance;
'closed area' means an area declared to be such under section 36 of the
Public Order Ordinance;
'corrosive substance- means any dangerous goods for the time being
appearing in Category 3 in the Schedule to the Dangerous Goods
(Classification) Regulations and also means any substance that
destroys organic tissue either by direct chemical means or by
causing inflammation;
,,enemy' means any person or group of persons howsoever associated
or organized who or which the Governor in Council by notification
in the Gazette declares whether by a specific or general description
to be an enemy and includes any person or group of persons
whether so declared or not who or which has by any overt act
manifested a seditious intention, or who or which seeks in any way
to promote internal disorder:
Provided that a person shall not be deemed to be an enemy by
reason only of his taking part in or peacefully persuading any other
person to take part in a strike;
Note..The individual regulations brought into force have a
notification to that effect in the margin.
'essential service' means any undertaking, requirement of or service to
the community which in the opinion of the Governor signified by
notification in the Gazette, is of public utility or essential to the life
of the community;
'explosive substance' includes any materials for making any explosive
substance, any apparatus, machine, implement or materials used, or
intended to be used, or adapted or suitable, for causing, or aiding in
causing, any explosion in or with any explosive substance, and any
part of any such apparatus, machine or implement;
'firearm' means any lethal barrelled weapon of any description from
which any shot, bullet or other missile can be discharged, and
includes any component part of any such weapon, and any
accessory to any such weapon designed or adapted to diminish the
noise or flash caused by firing the weapon;
'land' includes land of any category or tenure whether covered by
water or not and any erection, tree or other thing fixed thereto and
any shed, barn or other structure which although affixed to land
(which has been or is being requisitioned) in such a manner as to
be removable therefrom a competent authority specifies is required
for use in connexion with such land;
'meeting' includes every assembly, entertainment, gathering,
celebration, service and ceremony, whether open to the public or
not, and every procession;
'newspaper' means any publication containing news, intelligence,
reports of occurrences, or any remarks, observations or comments,
in relation to such news, intelligence, or occurrences, or to any
other matter of public interest, printed for sale or free distribution at
regular or irregular intervals and includes a supplement thereto;
'offensive weapon' means any thing made or adapted for use, or
suitable, for causing injury to the person, or intended by the person
having it in his possession or under his control for such use by him
or some other person and also means any thing which contains any
inflammable substance and is made or adapted, or suitable, for such
use, or is intended by the person having it in his possession or
under his control for such use by him or some other person;
'Ordinance' means the Emergency Regulations Ordinance;
'pamphlet' means an unbound printed document of one or more pages
or parts attached together and containing an exposition on some
matter of current or topical or political interest;
'periodical publication' includes every publication issued periodically or
in parts or numbers at intervals whether regular or irregular;
'photograph' includes any photographic plate, photographic film or
other sensitized article which has been or otherwise treated so as to
record information, whether it has been developed or not;
'possession', in relation to arms, ammunition and explosive substance
means arms, ammunition and explosive substance found on the
body, or in the custody or under the control, of any person;
'postal packet' means a letter, post-card, reply post-card, newspaper,
printed packet, pattern or sample packet or parcel, and every packet
or article transmissible by post;
'printing' includes lithography, typewriting, photography, and all other
modes of representing or reproducing words, figures, signs,
pictures, maps, designs, illustrations and other like matter;
'printing press' includes every machine and apparatus used or
intended to be used for the printing of any newspaper, book or
pamphlet or for the printing, production or reproduction for gain or
reward of any printed matter;
'protected place- has the same meaning as it has in the Protected Places
(Safety) Ordinance;
'public interest' includes the interests of defence or of the preservation
of public order, safety or health or of the provision or maintenance
of supplies and services essential to the life of the community;
'publication' includes all written or printed matter and every thing
whether of a nature similar to printed matter or not, containing any
visible representation, or, by its form, shape, or in any manner
capable of suggesting words or ideas, and every copy and
reproduction of any publication;
'publish' includes circulate, disperse and communicate;
'radar apparatus' means apparatus which is used or may be used in a
radiolocation system where transmission and reception is carried
out on the same location, and which utilizes the reflecting
properties of objects in order to determine their position;
'requisition- means, in relation to any property, take possession of the
property or require the property to be placed at the disposal of the
requisitioning authority;
'safeguard' means any authorized guard when on duty as an authorized
guard or any member of Her Majesty's forces, or any member of
any local naval, military, air force or police force, corps or reserve,
or special police officer or special constable posted for the purpose
of protecting or preventing or controlling access to any area or
premises or for the purpose of regulating traffic;
'seaplane' includes a flying boat and any other aircraft designed to
manoeuvre on the water;
'seditious intention', 'seditious publications' and 'seditious
words' have the same meanings as they have in the Sedition
Ordinance,
.,ship' and 'vessel' have the same meanings as they have in the
Merchant Shipping Ordinance, but shall not include a ship or
vessel belonging to Her Majesty;
'simulated bomb' means any object whatsoever, including anything
attached thereto, which if found in any street or public place would
be likely to give rise to a reasonable apprehension that the object
might be a bomb or other explosive device;
'special police officer' has the same meaning as it has in the Police
Force Ordinance;
'supplies and services' includes any tangible or intangible requirement
of the community;
'telegram' means any article on which there is recorded any message or
other communication transmitted or intended for transmission by
any apparatus for transmitting messages or other communications
by means of electric signals;
'unlawful publication- means any publication in relation to which an
order under regulation 7 is in force, and any publication containing
any matter in relation to which an order under regulation 6 is in
force and any copy or portion of a newspaper or of any issue or
number thereof printed or published in contravention of regulation
13 or containing matter which does not comply with regulation 14,
and any document printed or published in contravention of
regulation 15, and any publication containing matter not submitted
for censorship as required by .an order under regulation 16;
'wireless transmitting apparatus' means apparatus for making
communications by means of wireless telegraphy, wireless
telephony or wireless television, and 'wireless receiving apparatus'
means apparatus for receiving communications or information made
or given by the said means.
(2) Any reference in these regulations to the doing of any act shall
include a reference to an act of commission or to an omission and,
unless the context otherwise requires, shall include also a reference to
the making of or failure to make any statement.
(3) Any reference in these regulations to the master of a vessel or
the pilot of an aircraft shall be construed as including a reference to the
person for the time being in charge of the vessel or aircraft, as the case
may be.
(4) Any reference to the making, sending or receiving of
communications which is made in any of the provisions of these
regulations relating to wireless telegraphy, wireless telephony, or
wireless television shall be construed as including a reference to
the giving of warning or information or, as the case may be, to
the receiving of warning or information.
(5)(a) No special form shall be required for the exercise
by the Governor or by a competent authority of any
power conferred by these regulations:
Provided that the Governor may authorize the use
of any form for the exercise of any such power and in
such event such form with such adaptations and modifi-
cations as the circumstances of any particular case may
require shall be valid and sufficient.
(b)Nothing in sub-paragraph (a) shall be deemed to imply
that any power conferred by these regulations is required
to be exercised or communicated in writing.
(6) The Interpretation and General Clauses Ordinance, save
and except sections 11 and 12 thereof, shall apply to the interpreta-
tion of these regulations, and of any orders or rules made thereunder,
as it applies to the interpretation of an Ordinance.
3. (1) -A competent authority shall be the person appointed
by name or by office by the Governor in writing for the purposes
of all or any of the regulations or for any of the purposes of any
particular regulation in which such expression occurs, and any
person so appointed is in these regulations referred to as the
*competent authority. Any such appointment may be made in
respect of the whole or any part of the Colony. Any appointment
shall be deemed to extend to the whole of the Colony unless other-
wise expressed.
(2) Where the holder of a designated office has been appointed
to be the competent authority, then, unless express provision is
made to the contrary, the appointment shall be deemed to extend
to the person for the time being performing the duties of the office
designated.
4. An 'authorized officer' means any police officer of or
above the rank of inspector, and also the following persons-
(a)for the purposes of all or any of these regulations, any
public officer whether designated by name or by his office
authorized in that behalf by the Governor;
(b)for the purposes of all or any of these regulations, any
person, or member of a class of persons, performing
duties of a public nature, authorized in that behalf by the
Governor;
Note:For competent authorities appointed under this regulation see
Schedule.
(c)a person holding a commission in any of Her Majesty's regular
forces, or in any local naval, military or air force, corps or
reserve.
PART 11.
CENSORSHIP AND CONTROL OF PUBLICATIONS
AND
MEANS OF
COMMUNICATION.
5. (1) The Governor may appoint a censor of postal packet and
telegrams and such number of assistant and deputy assistant censors as
he shall think fit, and the word 'censor' in these regulations includes
any assistant censor so appointed.
(2) The Governor may by warrant under his hand authorize the
Postmaster General and any person in charge of cable and radio stations
to detain and produce to the censor all postal packets and telegrams
coming into their possession either for transmission or delivery.
(3) The censor, or any person authorized by him, may open,
examine, censor or detain either permanently or for so long a period as he
may deem necessary any postal packet or telegram of any description
whatsoever which may be in course of, or intended for, transmission to,
from or through the Colony.
(4) Any person who without lawful authority transmits any
telegram at any place in the Colony or on any vessel or aircraft within
the territorial waters thereof unless such telegram has first been passed
for transmission by the censor is guilty of an offence.
6. (1) A competent authority may by order prohibit generally or
specially the publishing in publications of matter the publishing of
which, in his opinion, would be, or be likely to be or become, prejudicial
to the public interest.
(2) Any person who publishes any matter in contravention of an
order under this regulation and the proprietor and editor of the
publication in which it is published and the person who wrote, printed,
drew or designed, the matter shall be guilty of an offence.
7. (1) A competent authority may by order prohibit the importation
or exportation, or the printing or publishing of any particular publication
or *of any publication of a particular kind or character, the importation,
exportation, printing or publishing of which, in his opinion, would be, or
would be likely to be or become, prejudicial to the public interest. Such
prohibition shall be deemed to extend to any copy or portion of such
publication.
(2) Whenever the publication affected by an order made under
paragraph (1) of this regulation is a periodical publication the order shall
be deemed to extend to any future issue of such publication but shall
not unless the same or a subsequent order so provides be deemed to
extend to any past issue of such publication.
(3) Any person who contravenes any order under this regulation
and the proprietor and editor of the publication in relation to which the
contravention occurs, and any person (unless in the opinion of the
Court he ought fairly to be excused) who has in his possession or
control or in premises of which he is the occupier, any publication
prohibited under this regulation or who posts, delivers or receives any
such publication, shall be guilty of an offence.
8. A competent authority shall have power to detain, open and
examine or to direct the detention, opening and examination of
(a) all postal packets and telegrams; and
(b)all printed or written matter and all packages, articles and
things subject to examination by the postal or customs
authorities which may contain any printed or written matter,
and to withhold from delivery or destroy any postal packet or
telegram or any printed or written matter which contains
anything which the competent authority considers to be, or to
be likely to be or become, prejudicial to the public interest and
the competent authority and any authorized officer acting by
general or special arrangement with him, shall have all such
powers as are necessary or appropriate for the carrying out of
all such measures.
9. (1) Any officer authorized generally or specially in that behalf by
or on behalf of the Postmaster General may require the sender of a
postal packet, at the time of submitting the packet to a post office, to
expose the contents of the packet to such officer and, after the contents
have been examined to close the packet in the presence of such officer
and hand it over to such officer forthwith.
(2) Any person who contravenes any such requirements shall be
guilty of an offence against these regulations, and, in addition, the
officer may refuse to accept the postal packet for posting.
(3) The Postmaster General or any officer authorized generally or
specially in that behalf by him or on his behalf may direct that a postal
packet shall not be accepted for posting if he is of opinion that the
acceptance of the packet might endanger life or property.
10. (1) The Governor, or any person to whom the Governor has
under paragraph (3) given authority to exercise any of his functions
under this regulation, may Make provision by order that postal packets
of any such description as may be specified in the order shall not be
dispatched by post from the Colony to any destination outside the
Colony, or distributed in the Colony where such postal packets are
received in the Colony, except in accordance with the order; and in
particular, but without prejudice to the generality of the preceding
provisions of this paragraph, any such order may, in relation to any
description of postal packets, direct that no postal packet of that
description shall be so dispatched or distributed as aforesaid otherwise
than under the authority and in accordance with the terms of a permit
granted by such authority or person as may be specified in the order.
(2) The Governor, or any person to whom the Governor has under
paragraph (3) given authority to exercise any of his functions under this
regulation, may make provision by order for securing that, subject to any
exemptions for which provision may be made by the order, and except in
accordance with such conditions as may be contained therein, no
document, pictorial representation, photograph or other article
whatsoever recording information shall be sent or conveyed from the
Colony to any destination outside the Colony otherwise than by post, or
conveyed into the Colony otherwise than by post, and, without
prejudice to the preceding provisions of this paragraph, any such order
may
(a)be made with respect to all such articles as aforesaid or any
class or description thereof;
(b)direct, in relation to all or any of the articles to which it applies,
that no such article, and no package capable of containing
such an article, shall be sent or conveyed as aforesaid, or
consigned for the purpose of being so sent or conveyed,
otherwise than under the authority and in accordance wit h
the terms of a permit granted by such authority or person as
may be specified in the order.
(3) The Governor may, to such extent and subject to such
restrictions as he thinks proper, authorize any specified person or class
of persons to exercise all or any of his powers under paragraph (1) or (2).
(4) No person shall have in his possession any article for the
purpose of sending or conveying it in contravention of an order made
under this regulation.
(5) Any person who contravenes any of the provisions of this
regulation shall be guilty of an offence.
11. (1) Any person who, on any occasion, is about to leave the
Colony or arrives in the Colony (which person is hereinafter in this
paragraph called 'the traveller') shall, if on that occasion he is required
so to do by an authorized officer
(a)declare whether or not he has with him any article with respect
to which an order under paragraph (2) of regulation 10 is in
force;
(b)produce any such article as aforesaid which he has with him,
and an authorized officer, or any person acting under his
direction, may examine or search any article which the traveller
has with him for the purpose of ascertaining whether he is
conveying or has in his possession any such article as to
which such order as aforesaid applies, and if an authorized
officer has reasonable ground for suspecting that the traveller
has about his person any such article as to which such order
as aforesaid applies, search him, and may seize any article
produced as aforesaid or found upon such examination or
search as aforesaid, being an article as to which an authorized
officer has reasonable ground for suspecting that it is an article
to which such order as aforesaid applies:
Provided that no female shall be searched in pursuance of
this regulation except by a female.
(2) Where any person is about to leave the Colony or arrives in the
Colony in or accompanied by any vehicle or other means of transport or
in any ship or aircraft, any authorized officer, or any person acting under
his directions, may enter the vehicle or other means of transport or ship
or aircraft for the purpose of exercising the powers conferred on him by
paragraph (1), and may also examine or search the vehicle or other means
of transport or ship or aircraft for the purpose of ascertaining whether
there is thereon any article with respect to which an order under
paragraph (2) of regulation 10 is in force.
(3) Where at any place in the Colony any person is on any
occasion found in circumstances in which it is reasonable to suppose
that on that occasion he has communicated, or intends to communicate,
at the place with a traveller, the provisions of paragraph (1) shall apply
in relation to the person so found as they apply in relation to a traveller.
12. (1) If there is in force an order under paragraph (2) of regulation
10, any authorized officer, or any person acting under his directions,
may examine or search any articles consigned from the Colony or from a
place outside the Colony to a destination in the Colony, for the purpose
of ascertaining whether any article to which such order applies is being
sent or conveyed and may seize any article found upon such
examination or search, being an article
as to which the authorized officer has reasonable ground for suspecting
that it is an article to which an order as aforesaid applies.
(2) Any authorized officer, or any person acting under his
directions, may enter any vehicle or other means of transport or go on
board any ship or aircraft for the purpose of exercising the powers
conferred on him by paragraph (1) in relation to any articles in or on the
vehicle or other means of transport or on board the ship or aircraft.
13. (1) The Governor may by order require that with such
exemptions as may be specified in such order no newspaper shall be
printed or published unless the proprietor thereof shall have obtained a
permit under the hand of a competent authority.
(2) The competent authority, in his discretion and without
assigning any reason therefor, may grant or refuse any such permit and
may attach conditions thereto and may at any time suspend or revoke
any such permit or vary or delete any conditions attached to the permit
or attach new conditions thereto.
(3) Any person who contravenes any of the provisions of this
regulation or the conditions of any permit granted thereunder and the
proprietor and editor of the newspaper in relation to which the
contravention occurs shall each be guilty of an offence.
14. (1) A competent authority may order, in writing, any newspaper
to publish any matter contained in an official communication issued for
the information of the public and it Shall be the duty of the editor, printer
and publisher to publish, if required so to do, either
(a) the original text of the communication, as submitted; or
(b)a text which shall contain all the material facts stated in the
communication.
(2) If any of the provisions of this regulation are contravened, the
editor, printer, and publisher of the newspaper shall each be guilty of an
offence.
15. (1) The Governor may by order require that no notice,
illustration, placard, advertisement, proclamation, pamphlet or other like
document containing matter specified in such order (whether in the form
of an article or statement of facts or otherwise) shall be printed or
published in the Colony unless a permit has first been obtained under
the hand of a competent authority:
Provided that this regulation shall not apply in relation to any
matter contained in a newspaper in respect of which a permit or
exemption is in force under regulation 13. 1
1 (2) Any person who contravenes any of the provisions of
this regulation shall be guilty of an offence.
16. (1) A competent authority may by order require the proprietor,
editor, printer or publisher of any publication, or the proprietor or
manager of any printing press or printing business, or the author of, or
any person about to print or publish, any matter, to submit to such
competent authority before printing or publishing any matter intended
for printing or publishing.
(2) Any such order may be given either generally or in respect of
any particular subject or class of subject, and, in the case of a
publication published at regular or irregular intervals, may be given in
respect of any particular issue or class of issues or of all issues for a
specified period..
(3). Any person who contravenes an order given under this
regulation shall be guilty of an offence.
17. (1) The printer or publisher of any publication shall not, without
the written permission of a competent authority
(a)print or publish any statement to the effect, or from which it
may be inferred, that any alteration, addition, or omission has
been made by order of a competent authority in any matter
submitted to him;
(b)print or publish any matter which has been submitted to a
competent authority in such a way as to show or suggest that
any alteration, addition or omission has been made by order of
a competent authority;
(e)print or publish any statement to the effect that publicity of
such matter has been forbidden.
(2) If any person contravenes any of the provisions of this
regulation such person and the proprietor, publisher and editor of the
publication in question shall each be guilty of an offence.
18. Without prejudice to any other provision of these regulations,
any authorized officer may seize and detain any unlawful publication
which comes into his hands.
19. (1) Without prejudice to any other provision of these
regulations, a competent authority may by order
(a)direct the forfeiture to the Government of Hong Kong of any
printing press or other instrument or apparatus used for the
printing of any unlawful publication and thereupon such
printing press, instrument or apparatus may be seized by any
authorized officer; or
(b)for such period as may be specified in the order, prohibit the
operation
(i) by any person whatsoever of any printing press,
instrument or apparatus used as aforesaid;
(ii) by the proprietor of any printing press, instrument or
apparatus used as aforesaid of that or any other printing
press, instrument or apparatus designed for printing.
(2) Any person who contravenes any order made under
subparagraph (b) of paragraph (1) shall be guilty of an offence.
20. If a competent authority has reasonable cause to suspect that
any premises are being used for the purpose of the printing or publishing
of any matter in contravention of this Part or of any order thereunder, or
for the purpose of the printing or publishing of any matter the
publication of which is, or is likely to be or become, prejudicial to the
public interest or that there is in any premises any press, instrument or
apparatus liable to forfeiture under regulation 19, he may by written order
authorize any authorized officer to enter and search such premises and
thereupon such officer and any person acting by his directions may at
any time, and if necessary by force, enter and search the premises and
any person, animal, vehicle or other thing found therein and any person,
animal, vehicle or other thing found leaving the premises (provided that a
female person shall be searched only by a female) and may seize and
impound any unlawful publication, and any publication containing matter
the publishing of which, is, or is likely to be or become, prejudicial to the
public interest and any printing press, apparatus or instrument which
such officer suspects to have been used for the printing of any such
publication and any printing press, apparatus or instrument liable to
forfeiture under regulation 19:
Provided that any printing press, apparatus or instrument seized as
aforesaid (unless already liable to forfeiture under regulation 19) shall not
be forfeited except by order of the competent authority.
21. (1) For the purposes of this regulation
'suspected apparatus or article' means an apparatus or article which the
competent authority for reasons which may appear to him to be
sufficient considers to be or to have been used as or to be intended
to be used as, whether alone or in conjunction with any other
apparatus or article, an apparatus for wireless transmission or for
facilitating such transmission or to be readily adaptable for such
use; and
'competent authority' includes a person authorized in writing by the
competent authority to determine whether an apparatus or article is
a suspected apparatus or article.
(2) Any person found in apparent possession, custody or control of
any suspected apparatus or article may be charged before a magistrate
with a breach of this regulation and shall on summary conviction be
liable to a fine of one thousand dollars or to imprisonment for a term not
exceeding two months.
(3) Upon any such charge it shall be a defence for the defendant to
prove either that he was never in possession, custody or control of the
suspected apparatus or article or that during such
time as it was in his possession, custody or control such apparatus
or article was not intended to be used and was never in fact used,
whether alone or in conjunction with any other article, as a
wireless transmitting apparatus or for facilitating wireless trans-
mission.
(4) If upon such charge as aforesaid-
(a)the magistrate acquits the defendant he may nevertheless
order that any suspected apparatus or article which he is
satisfied is readily adaptable for use, whether alone or in
conjunction with another apparatus or article, as a wire-
less transmitter shall remain in the custody of the com-
petent authority during such period as paragraph (2) may
remain in force; or
(b)the magistrate convicts the defendant the suspected
apparatus or article shall be forfeited to the Crown.
(5) Any authorized officer who has reason to suppose that
any apparatus or article when examined by a competent authority
will be declared by such authority to be a suspected apparatus or
article may seize and hold the same, in the first instance, for the
purpose of causing such examination to be made, and thereafter,
if such apparatus or article becomes a suspected apparatus or
article, for the purposes of paragraphs (2), (3) and (4) of this
regulation.
(6) Nothing in the preceding paragraphs shall restrict the
doing of anything by any servant of the Crown acting in the course
of his duty as such, or apply in relation to any apparatus in respect
of which there is in force a licence under the Telecommunication
Ordinance, authorizing the use of the apparatus for transmission
or in relation to any article forming part of any such apparatus;
and in any proceedings taken by virtue of paragraph (1) against
any person by reason of his having in his possession or under his
control any article not forming part of any such apparatus, it shall
be a defence for him to prove that at the material time he had the
article in his possession or under his control for the purpose only
of the operation of an apparatus in respect of which such a licence
was then in force.
(7) In any proceedings arising out of a contravention of
paragraph (1), it shall be a defence for the defendant to prove that
at the date of the contravention application had been made by
him (for the first time) for the necessary permit in relation to the
apparatus or article in respect of which the proceedings are taken,
and that the application was still pending at that date.
(8) A competent authority may by order provide for prohi-
biting in certain circumstances, and otherwise for regulating, the
use, sale and purchase of wireless transmitting, wireless receiving
and radar apparatus; and if any apparatus is used in contravention
of an order under this paragraph, then (without prejudice to any
proceedings which may be taken against any other person) the
occupier of the premises on which the apparatus is situated or,
where the apparatus is on board any vessel or aircraft, the master
of the vessel or the pilot of the aircraft, as the case may be, shall
each be guilty of an offence:
Provided that, in any proceedings which, by virtue of this
paragraph, are taken against any person in respect of the use of
any apparatus by some other person in contravention of such an
order, it shall be a defence for the defendant to prove that the
apparatus was so used without his permission and that he exercised
all due diligence to prevent any contravention of the order.
(9) An authorized officer may, in relation to any ship or air-
craft, take such steps, and use such force, as may appear to that
person to be reasonably necessary for securing compliance with
any order under paragraph (8) relating to the ship or aircraft, or,
where a contravention of such an order has occurred in the case
of the ship or aircraft, for enabling proceedings in respect of the
contravention to be effectually taken.
(10) The Governor in Council or the Governor, as the case
may be, in his discretion may refuse to grant a licence under the
Telecommunication Ordinance, and may revoke at any time a
licence granted under such Ordinance.
22. No person shall knowingly-
(a)cause interference with the sending or receiving of com-
munications by means of wireless telegraphy, wireless
telephony or wireless television; or
(b)cause interference with, or intercept, telegraphic or tele-
phonic communications made otherwise than by the said
means:
Provided that this regulation shall not apply to anything done
by, or with the permission or under the direction of, any servant
of Her Majesty or authorized officer acting in the course of his
duty as such.
23. (1) Subject as hereinafter provided no person shall make
any signal in such circumstances as to show that the signal-
(a)is intended to be received by a person on board a vessel
at sea or an aircraft in flight; or
(b) is made for a purpose prejudicial to the public interest:
Provided that the preceding provisions of this regulation shall
not restrict the making of any signal by any servant of Her Majesty
or police officer acting in the course of his duty as such, the making
of any signal for the purpose only of saving life or of regulating or
aiding the navigation, on the water or in the air, of any vessel or
aircraft other than a vessel or aircraft being used in the service of an
enemy, or in a manner prejudicial to the public interest, or the making of
any signal with permission granted by or on behalf of a competent
authority.
(2) Any person convicted of the offence of making a signal in such
circumstances, as to show that the signal is made for a purpose
prejudicial to the public interest shall be guilty of an offence and liable
on conviction thereof on indictment to a fine of ten thousand dollars
and to imprisonment for fourteen years.
(3) If the Governor has reasonable cause to believe that it is
necessary or expedient so to do with a view to preventing the making of
signals for purposes prejudicial to the public interest, he may by order
published in the Gazette prohibit or restrict the flying over any area of
balloons (whether fixed or free) or kites generally, or of balloons or kites
of any description specified in the order.
(4) If the Governor has reasonable cause to believe that it is
expedient in the public interest so to do, he may
(a)by directions prohibit any person specified in the directions;
or
(b)by order published in the Gazette prohibit all persons in any
area specified in the order, with such exceptions, if any, as may
be so specified,
from having in his or their possession or under his or their control any
specified apparatus or class of apparatus, being apparatus or class of
apparatus which appears to the Governor to be capable of transmitting
signals which would or might afford assistance to an enemy or be
prejudicial to the public interest or to be readily adaptable for that
purpose:
Provided that nothing in any order made under this paragraph shall
restrict the doing of anything by any servant of Her Majesty acting in
the course of his duty as such.
(5) If a competent authority has reasonable cause to believe that
there is in any premises apparatus capable of transmitting signals which
is being or has been used in such a manner that whether intentionally or
unintentionally, assistance might thereby be afforded to an enemy, or
prejudice caused to the public interest, he or any authorized officer may
enter the premises and may require to be taken any steps reasonably
necessary to prevent the apparatus from being so used, or may, if
necessary, himself take such steps as aforesaid.
For the purposes of this paragraph the expression 'premises'
includes vehicles.
24. (1) Subject to the provisions of this regulation no person shall,
except with permission granted by or on behalf of a competent authority,
knowingly have in his possession, or knowingly send by post, or
otherwise to any destination within or outside the Colony
(a)any instructions for utilizing any means of secretly conveying,
receiving or recording information;
(b)any substance or article manufactured or designed for the
purpose of secretly conveying, receiving or recording
information; or
(c)any document or other article secretly conveying or recording
any information.
(2) Any person who has in his possession any such instructions as
are mentioned in sub-paragraph (a) of paragraph (1) shall, if requested by
or on behalf of a competent authority so to do, deliver up those
instructions to such authority or person as may be specified in the
request.
(3) Any person who has in his possession, in contravention of this
regulation, any substance or article manufactured or designed for the
purpose of secretly conveying, receiving or recording information, shall,
if requested by a competent authority so to do, deliver up that substance
or article to such authority or person as may be specified in the request.
(4) Nothing in paragraph (2) or (3) shall be taken to prevent the
prosecution of any person in respect of a contravention of paragraph
(1).
(5) Any person convicted of an offence against paragraph (1) shall
be guilty of an offence and shall
(a)on summary conviction, be liable to a fine of five thousand
dollars and to imprisonment for two years; or
(b)on conviction on indictment, be liable to a fine of ten thousand
dollars and to imprisonment for fourteen years.
(6) In this regulation the expression 'instructions for utilizing any
means of secretly conveying, receiving or recording information'
includes any code or cipher, but paragraph (1) shall not apply
(a) to the possession of-
(i) any code or cipher the use of which is approved by a
competent authority; or
(ii) any document conveying or recording information by
means of such a code or cipher, being a document which
specifies in clear the code or cipher used; or
(b)to the use, in accordance with conditions imposed by or on
behalf of a competent authority,' of any such code or cipher as
is mentioned in sub-paragraph (a) of this paragraph,
and shall not restrict the doing of anything by any servant of Her
Majesty or police officer acting in the course of his duty as such.
25. Any person who posts or distributes any placard, circular or
other document containing any incitement to violence or counselling
disobedience to the law or to any lawful order or likely to lead to any
breach of the peace shall be guilty of an offence.
26. A competent authority may by order prohibit the printing, sale,
issue and circulation of any document which, in his opinion, contains
any incitement to violence or counsels disobedience to the law or to any
lawful order or is calculated or likely to lead to a breach of the peace or
to -promote feelings of ill-will or hostility between different races or
classes of the population.
27. (1) Any person who by word of mouth or in writing or in any
newspaper, periodical, book, circular or other printed publication
spreads false reports or make false statements likely to cause public
alarm or despondency shall be guilty of an offence.
(2) It shall be no defence to a prosecution under this regulation for
the person accused to show that he did not know that the report or
statement was false unless he also shows that he took all reasonable
steps open to him to verify the accuracy of such report or statement.
28. A court may at any time order that no person shall publish the
name, address or photograph of any witness in any case tried or about
to be tried before it, or any evidence or any other thing likely to lead to
the identification of any such witness. Any person who acts in
contravention of any such order shall be guilty of an offence.
PART 111.
ARREST, DETENTION, EXCLUSION AND DEPORTATION.
29. (1) Any police officer of or above the rank of corporal may
without warrant arrest any person whom he has reasonable cause to
believe to be a person ordered to be detained under regulation 31 and
may, subject to the provisions of regulation 40 detain him pending
inquiries whether his detention has been so ordered.
(2) Any authorized officer or any member of Her Majesty's regular
forces or of any local naval, military or air force, corps or reserve who,
while acting in the course of his duty has reasonable cause to believe
that any person has committed an offence against these regulations
may, subject to the provisions of regulation 40, apprehend and detain
such person.
(3) If any person upon being questioned by a police officer or by
an authorized officer or by a member of Her Majesty's regular forces or
of any local naval, military or air force, corps or reserve acting in the
course of his duty as such, fails to satisfy the police officer or member
of Her Majesty's regular forces or of any local
naval, military or air force, corps or reserve, as to his identity or as to the
purposes for which he is in the place where he is found, and if the police
officer or member of Her Majesty's regular forces or local naval, military
or air force, corps or reserve has reasonable cause to believe that that
person is about to commit an offence against these regulations or has
acted or is about to act in any manner prejudicial to the public interest,
he may, subject to the provisions of regulation 40, apprehend and detain
such person.
30. (1) Any police officer may without warrant arrest any person in
respect of whom he has reason to believe that there are grounds which
would justify his detention under regulation 31. Any such person may
be detained for a period not exceeding fourteen days pending a decision
as to whether an order for his detention under the said regulation 31
should be made.
(2) Any person detained under the powers conferred by this
regulation shall be deemed to be in lawful custody and may be detained
in any prison, or in any police station, or in any other similar place
authorized generally or specially by the Colonial Secretary.
31. (1) The Colonial Secretary may by order under his hand direct
that any person named in such order shall be detained for any period not
exceeding one year in such place of detention as may be specified by the
Colonial Secretary in the order.
(2) For the purpose of this regulation there shall be one or more
Committees of Review. The Chairman and members of any such
Committee shall be appointed by the Governor. The Chairman and one
other member of the Committee shall constitute a quorum.
(3) The functions of any such Committee shall be to consider, and
make recommendations to the Colonial Secretary with respect to any
objections against any order made under paragraph (1) which are duly
made to the Committee by the person to whom the order relates.
(4) The Governor may make rules as to the manner in which
objections against such an order as aforesaid may be made to such a
Committee of Review, and such rules shall contain provisions for
enabling any person in respect of whom an order is made under this
regulation to make objections against the order either in person or with
the leave of such Committee of Review by counsel, solicitor or agent;
and every such person shall be informed of his right to make objections
under this regulation.
(5) All questions in any Committee shall be determined by a
majority of votes of the chairman and of any member present and voting.
In case of an equality of votes the chairman shall have a casting vote.
(6) The Colonial Secretary or any person authorized by him in that
behalf may by order direct the removal from any place of detention to
another place of detention to be specified in such order of any person or
persons detained under any order made under paragraph (1).
(7) Any person in the course of removal from one place of
detention to another under paragraph (6) shall be deemed to be in lawful
custody.
(8) Where an order is made under this regulation against a person
to whom an order under regulation 37 or 38 is in force, the order under
this regulation shall be deemed to replace such order.
(9) The Colonial Secretary may give orders or directions as to the
internal management of and otherwise in connexion with any place of
detention specified in any order made under paragraph (1) or (6) and as
to the discipline of persons detained therein.
(10) Orders made under paragraph (1) may be cancelled by the
Colonial Secretary or by any person authorized in that behalf by the
Colonial Secretary by notification in the Gazette.
32. (1) The Governor in Council may order any person detained
under paragraph (1) of regulation 31 to leave and remain out of the
Colony:
Provided that no such order shall be made against
(a) any British subject born in the Colony; or
(b)any person until he has had sufficient opportunity of making
an objection against the order of detention to a Committee
under the provisions of paragraph (4) of regulation 31, and
such objection, if made, has been duly heard and reported on
by the Committee.
For the purposes of this paragraph a person detained under
paragraph (1) of regulation 31 shall be deemed to have had sufficient
opportunity of making an objection against the order of detention if a
period of seven clear days has elapsed after he has been informed of his
right to lodge such objection.
(2) Where any person has been ordered to leave and remain out of
the Colony under paragraph (1), such order may include all the
dependants of such person and the provisions of paragraphs (3), (4),
(5), (6) and (7) shall apply to such dependants accordingly.
In this paragraph 'dependant' means
(a) wife;
(b) dependent husband;
(c) dependent parents and grandparents;
(d) sons under the age of sixteen years; and
(e) unmarried daughters under the age of eighteen years,
and 'dependent' used in connexion with 'husband', 'Parents' and
'grandparents' means wholly or mainly maintained by the wife, son or
daughter, or grandson or granddaughter, as the case' may be.
(3) Any person who has been ordered to leave and remain out of
the Colony under paragraph (1) may
(a)be detained in custody in such place or places as the Colonial
Secretary, or any person authorized by him in that behalf, may
direct, for such period, as may be necessary for the purpose of
making arrangements for such person to leave the Colony; or
(b)be conducted across the frontier or placed on board a ship by
any member of Her Majesty's regular forces, or local naval,
military or air force, corps or reserve, or by any police officer, or
any officer of the Immigration Department of the rank of
Immigration Inspector or above, and may be lawfully detained
on board so long as such ship is within the territorial waters of
the Colony.
(4) An order for detention made under paragraph (1) of regulation
31 in respect of a person who has been ordered to leave and remain out
of the Colony under this regulation shall be suspended for the purpose
of carrying out such order.
(5) Any person ordered to leave and remain out of the State of
Malaysia or of Singapore under any regulation or other enactment
corresponding to this regulation in force in the Colony shall be deemed
to have been ordered to leave and remain out: of the Colony under this
regulation and the provisions of this regulation shall apply to any such
person accordingly, and any such person brought in custody to the
Colony may be taken charge of by any police officer, or by any officer of
the Immigration Department of the rank of Immigration Inspector or
above and may be detained in custody in such place or places as the
Colonial Secretary, or any person authorized by him in that behalf, may
direct, until he can conveniently be conducted across the frontier or
placed on board a ship, and any such person may be lawfully detained
on board so long as such ship is within the territorial waters of the
Colony.
(6) Any person who has left the Colony in pursuance of an order
made or deemed to have been made under this regulation who returns to
or enters the Colony shall be guilty of an offence and shall on summary
conviction be liable to imprisonment for three years, and, whether or not
a prosecution under this paragraph has been instituted against him, may
be detained in custody and conducted across the frontier or placed on
board a ship under the original order made, or deemed to have been
made, against him under this regulation.
(7) Any person ordered, or deemed to have been ordered, to leave
and remain out of the Colony shall, while detained or in the custody of a
member of Her Majesty's regular forces, or local naval, military or air
force, corps or reserve, or any police officer, or officer of the Immigration
Department of the rank of Immigration Inspector or above, be deemed to
be in lawful custody.
(8) Any order made against any person under paragraph (1) shall be
in writing, signed under the hand of the Clerk of Councils.
33. (1) In this regulation, 'residents' includes any person found
residing in any village, area or district, when effect is given to an order
of detention made under paragraph (2).
(2) In any case where the Governor has reasonable cause to believe
that the residents, or any portion thereof, in any village, area or district
(a)have aided and abetted or have consorted with or harboured
any person whom they knew or had reasonable cause to
believe to be a person who had recently acted or was acting in
a manner prejudicial to the public interest; or
(b)have suppressed or combined to suppress evidence of the
commission of any offence against regulation 116 and
regulation 118 hereof; or
(c)have persistently failed to give information to a member of Her
Majesty's regular forces or local naval, military or air force,
corps or reserve or to a police officer of the presence in such
village, area or district of any person who had recently acted or
was acting in a manner prejudicial to the public interest,
he may, by order under his hand, direct that the residents of such
village, area or district or any portion thereof shall be detained in
custody.
(3) The Governor may exempt any person or class of persons from
the operation of any order made under paragraph (2).
(4) Where an order has been made under paragraph (2), the
Governor in Council may order the persons subject to such order
to leave and remain out of the Colony:
Provided that no such order shall apply to any British subject born
in the Colony.
(5) Where, after an order under paragraph (2) has been made, any
person, whether exempted under paragraph (3) or not, is found residing
in any village, area or district to which such order refers, without the
written authority of the police officer in charge of such village, district or
area, the Colonial Secretary may, by order under his hand, direct that
such person be detained in custody and the provisions of this
regulation shall then apply to such person.
(6) The Governor in Council may exempt any person or class of
persons from the operation of any order made under paragraph (4) and
thereupon any order made under paragraph (2) shall, in respect of such
person or class of persons, cease to have effect and such person or
class of persons shall immediately be released.
(7) Any person who is the subject of any order made under this
regulation may
(a)be detained in custody in such place or places as the Colonial
Secretary, or any person authorized by him in that behalf, may
direct for such period as may be necessary for the purpose -of
making arrangements for such person to leave the Colony; or
(b)be conducted across the frontier or placed on board a ship by
any member of Her Majesty's regular forces, or local naval,
military or air force, corps or reserve, or by any police officer,
or officer of the Immigration Department of the rank of
Immigration Inspector or above, and may be lawfully detained
on board so long as such ship is within the territorial waters of
the Colony.
(8) Any person who has left the Colony in pursuance of an order
made under this regulation and who returns to or enters the Colony shall
be guilty of an offence and shall on summary conviction be liable to
imprisonment for three years, and, whether or not a prosecution under
this paragraph has been instituted against him, may be detained in
custody and conducted across the frontier or placed on board a ship
under the original order made under this regulation.
(9) Any person ordered to leave and remain out of the Colony shall,
while detained or in the custody of a member of Her Majesty's regular
forces, or local naval, military or air force, corps or reserve, or of a police
officer, or an officer of the Immigration Department of the rank of
Immigration Inspector or above, be deemed to be in lawful custody.
(10) Any order or exemption under paragraph (4) or (6) shall be
signified under the hand of the Clerk of Councils.
34. (1) If, as respects any area, it appears to the Commissioner of
Police to be necessary or expedient that special precautions should be
taken to prevent malicious injury to persons or property, he may, by
order, declare such area to be a special area for the purposes of these
regulations. Any area in relation to which an order made under this
regulation is in force is hereinafter called a 'special area'.
(2) It shall be the duty of any person in a special area to stop and
submit to search by an officer when called upon so to do, and if any
such person fails to stop when challenged or called upon to
stop by an officer, he may be arrested and searched, by force if
necessary, and such force may, if such officer considers such action
necessary to effect the arrest, extend to the use of lethal Weapons.
(3) For the purposes of this regulation 'officer' means any
police officer or any member of Her Majesty's regular forces or of
any local naval, military or air force, corps or reserve.
35. (1) Notwithstanding anything to the contrary contained
in any enactment, it shall be lawful for any officer in order-
(a)to effect the arrest of any person whom he has, in all the
circumstances of the case, reasonable cause to believe to
have committed an offence against regulations Ill, 118,
120; or
(b)to overcome forcible resistance offered by any person to
such arrest; or
(c)to prevent the escape from arrest or the rescue of any
person arrested as aforesaid,
to use such force as, in the circumstances of the case, may be
reasonably necessary, which force may extend to the use of lethal
weapons.
(2) Before any lethal weapon may be used to effect the arrest
of a person an officer shall call upon him, in a loud voice, to stop
and the person so called upon shall be given a reasonable chance
to stop and submit to arrest.
(3) Any person arrested for any of the offences mentioned
in paragraph (1) shall, as soon as possible after his arrest, be clearly
warned by an officer of his liability to be shot at if he endeavours
to escape from custody.
(4) For the purposes of this regulation 'officer' means any
police officer or any member of Her Majesty's regular forces or
of any local naval, military or air force, corps or reserve, or any
authorized guard.
(5) Any act or thing done before the coming into force of this
regulation which would have been lawfully done if this regulation
had been in force, shall be deemed to have been lawfully done
under this regulation.
36. Any person lawfully in prison custody or in the custody
of the police, whether under these regulations or under an order of
any Court or otherwise howsoever may, for the purpose of safe
custody, if the Colonial Secretary by warrant so directs, and not-
withstanding any order of a Court, be detained in or transferred
to or from any prison or any police station, police lock-up or any
other similar place authorized generally or specially by the Colonial
Secretary in that behalf until dealt with in due course of law.
37. (1) The Commissioner of Police, or any person authorized
by him in that behalf, may make, in relation to any person, an order
for all or any of the following purposes, that is to say-
(a)for securing that, except in so far as he may be permitted
by the order, or by such authority or person as may be
specified in the order, that person shall not be in any such
area in the Colony as may be so specified;
(b)for requiring him to notify his movements, in such manner,
at such times and to such authority or person as may be
specified in the order;
(e)prohibiting or restricting the possession of or use of that
person of any specified articles;
(d)imposing upon him such restrictions as may be specified
in the order in respect of his employment or business, in
respect of his association or communication with other
persons, and in respect of his activities in relation to the
dissemination of news or the propagation of opinions.
(2) If any person against whom an order has been made
under paragraph (1) contravenes the terms of such order, he shall
be guilty of an offence.
38. (1) The Commissioner of Police, or any person authorized
by him in that behalf, may by order direct that any person shall be
placed under special supervision for any period not exceeding one
year.
(2) Any person placed under special supervision by an order
made under paragraph (1) shall be subject to all or any of the
restrictions as the Commissioner of Police, or any person authorized
by him in that behalf, may direct, that is to say-
(a)he shall be required to reside within the limits of such
area as may be specified in the order;
(b)he shall not be permitted to transfer his residence to any
other part of the area, or to any other area without the
written authority of the police officer in charge of such
area;
(c)he shall not leave the area or village within which he
resides without the written authority of the police officer
in charge of such area or village;
(d)he shall at all times keep the police officer in charge of the
area in which he resides notified of the house or the place
in which he resides;
(e)he shall, wherever called upon so to do by the police
officer in charge of the area in which he resides, present
himself at the nearest police station;
he shall remain within the doors of his residence from one
hour after sunset until sunrise, and may be visited at his
residence at any time by a police officer.
(3) Any person in respect of whom an order has been made under
paragraph (1) or (2) may be arrested by any police officer or by any
member of Her Majesty's regular forces or of any local naval, military or
air force, corps or reserve and conveyed to the area in which he should
be.
(4) If any person against whom an order has been made as
aforesaid contravenes the terms of such order or of this regulation, he
shall be guilty of an offence.
39. When an order under this Part has been made against any
public officer, the Governor may order the dismissal or suspension of
such officer, and the stoppage of his salary and allowances in whole or
in part during the period for which the order is in force. Any-order so
made shall take effect as from the date upon which it is made, but it shall
be reported to and require the confirmation of the Secretary of State.
40. (1) No person arrested or detained under the powers conferred
by regulation 29 shall be detained for a period exceeding twenty-four
hours except with the authority of a police officer of the rank of
inspector or above or subject as provided by paragraph (2) for a period
exceeding forty-eight hours in all and it shall be the duty of the person
effecting arrest or detention under regulation 29 to report such arrest or
detention to a police officer of the rank of inspector or above with all
convenient speed.
(2) Whenever any person has been arrested by a police officer
under section 50 of the Police Force Ordinance, because such person
has been reasonably suspected of being guilty of an offence against
these regulations or has been arrested or detained pursuant to the
provisions of regulation 29 or of paragraph (1) of this regulation it shall
be lawful for a police officer of the rank of Superintendent of Police or
above, if he is satisfied that the necessary inquiries cannot be completed
within a period of forty-eight hours from the time such person was first
arrested or detained, to authorize the further detention of the person
detained for an additional period not exceeding seven days but he shall,
on giving any such authorization, forthwith report the circumstances to
the Commissioner of Police.
(3) Any person detained under regulation 29 shall, during the first
twenty-four hours of his detention, be deemed to be in lawful custody
wherever detained and thereafter shall be deemed to be in lawful
custody if detained in accordance with the provisions of this regulation
in any prison or in any police station or in any similar place authorized
generally or specially by the Colonial Secretary or if he is in the course
of being taken to or transferred from any such prison, station or place.
41. (1) Any authorized officer may without warrant-
(a)enter and search any premises or place or anything therein or
thereon;
(b)stop and search any person, whether or not he is in a public
place; and
(c) stop, board and search any vessel or vehicle,
if he suspects that there is therein or thereon-
(i) any arms or ammunition;
(ii)any offensive weapon or anything which can be adapted or
used as an offensive weapon;
(iii)anything whatsoever intended or adapted, or which can be
adapted, for use for an unlawful purpose;
(iv) any explosive substance; or
(v) any corrosive substance,
and may seize any arms or ammunition any offensive weapon, any
explosive substance, any corrosive substance or any such thing as is
specified in sub-paragraph (ii) or (iii) found therein or thereon..
(2) No woman shall be searched under this regulation except by a
woman.
PART IV.
CONTROL OF HARBOURS, PORTS AND
TERRITORIAL
WATERS OF THE COLONY AND MOVEMENTS
OF
VESSELS AND AIRCRAFT.
42. (1) The Governor may by order make provision as to the places
in or to which vessels may be or go, and generally for regulating the
movements, navigation, pilotage, anchorage, mooring, berthing and
lighting of Vessels within the harbours and territorial waters of the
Colony, and any order made under this regulation is hereafter in these
regulations referred to as 'a navigation order'.
(2) If, in the case of any vessel, a navigation order is contravened or
not complied with, the master of the vessel shall be guilty of an offence.
(3) An authorized officer may, in relation to any vessel, take such
steps, and use such force, as may appear to that person to be reasonably
necessary for securing compliance with any order made under this
regulation relating to the vessel, or, where an offence against this
regulation has occurred in the case of the vessel, for enabling
proceedings in respect of the offence to be effectually taken.
(4) This regulation shall apply in relation to seaplanes on
the surface of the water as those provisions apply in relation to
vessels, and seaplanes taking off from, or alighting on, the water
shall be deemed, for the purpose of this regulation, to be on the
surface of the water while in contact therewith.
43. (1) Except under permission granted by the Governor-
(a)no light, buoy, beacon or other apparatus used in the
Colony for the purpose of aiding navigation in or on the
water, shall be discontinued, altered or removed; and
(b)no variation shall be made in the mode of exhibiting or
operating any such light, buoy, beacon or other apparatus.
(2) The Governor, and any person acting on his behalf, may,
if it appears to him to be necessary in the public interest so to do,
give directions for prohibiting or restricting the exhibition or
operation of, or requiring the removal, alteration or concealment
of, or the making of any variation in the mode of exhibiting or
operating, any such light, buoy, beacon or other apparatus as
aforesaid.
(3) If this regulation, or any direction given under this
regulation, is contravened or not complied with in the case of any
light, buoy, beacon or other apparatus, the person responsible for
the maintenance of the light, buoy, beacon or apparatus, as the
case may be, shall be guilty of an offence; and, in the case of a
failure to comply with any such direction as aforesaid requiring
the removal, alteration or concealment of any light, buoy, beacon
or other apparatus, the Governor may (without prejudice to any
proceedings which may be taken in respect of the offence) cause
to be done all such work as may be necessary for securing com-
pliance with the direction.
44. (1) The Governor may, if it appears to him to be neces-
sary or expedient so to do for the purpose of facilitating the
protection of shipping or in the public interest, by order require
any British ship to leave, or to keep away from, any area specified
in the order, and any such order may make provision for such
incidental and supplementary matters as appear to the Governor
to be necessary or expedient.
(2) If in the case of any British ship an order under this
regulation is contravened or not complied with, the master of the
ship and the person having the management thereof shall each be
guilty of an offence.
(3) Any person acting on behalf of the Governor may, in
relation to any ship, take such steps and use such force, as may
appear to that person to be reasonably necessary for securing
compliance with any order under this regulation relating to the
ship, or, where an offence against this regulation has occurred in
the case of the ship, for enabling proceedings in respect of the
offence to be effectually taken.
45. (1) Any person authorized by the Governor to act under this
regulation (hereafter in this regulation referred to as 'a competent
authority') may give directions to the owner or master of any vessel
which is for the time being within the harbours or territorial waters of the
Colony requiring him
(a)to take such steps as may be specified in the directions for the
purpose of securing that, while the vessel remains within the
harbours and territorial waters of the Colony, fires occurring in
the vessel as the result of hostile attack will be immediately
detected and combated;
(b)to secure that, while the vessel remains within the harbours
and territorial waters of the Colony, either at all times or during
such periods as may be so specified
(i) in a case where the vessel is equipped with a gun or other
instrument or device capable of being used to defend the
vessel against hostile attack, that the gun, instrument or device
will be manned; and
(ii) in a case where the vessel is a ship propelled by
mechanical power, that she is capable of being moved under
her own power immediately when ordered to do so;
(c)for the purpose of taking such steps or securing such matters
as aforesaid, to secure that such number of persons, or such
number of persons of such class or description, as may be so
specified, shall be on board the vessel, either at all times while
she remains within the harbours and territorial waters of the
Colony or during such periods while she so remains as may be
so specified; or
(d)to do or not to do such other things as may appear to a
competent authority to be necessary or expedient to do or not
to do for the purpose of securing the safety of the vessel or
preventing her endangering other vessels or property within
the harbours and territorial waters of the Colony in the event of
hostile attack.
(2) A competent authority may give directions to the owner or
master of any such vessel as aforesaid requiring him
(a)to secure that, while the vessel remains within the harbours
and territorial waters of the Colony, such precautions, as may
be specified in the directions will be taken, either at all times or
during such periods as may be so specified, to guard against
attempts to interfere with or damage the vessel, or any part
thereof, or anything therein;
(b)for the purpose of securing such matters as aforesaid, to
secure that such number of persons, or such number of
persons of such class or description, as may be so specified
shall be on board the vessel, either at all times while she
remains within the harbours and territorial waters of the
Colony or during such periods while she so remains as
may be so specified.
(3) Where, to give effect to arrangements made for complying
with directions given under paragraph (1) or (2) as respects a
vessel remaining within the harbours and territorial waters of the
Colony, a person (not being a member of the crew of the vessel)
has been engaged or required to perform duties on board the
vessel, then, if he fails to perform those duties, he shall be guilty
of an offence.
(4) Any person acting on behalf of the Governor may, in
relation to any vessel, take such steps and use such force as may
appear to that person to be reasonably necessary for securing
compliance with any directions under this regulation relating to
a vessel, or, where an offence against this regulation has occurred
in the case of a vessel for enabling proceedings in respect of the
offence to be effectually taken.
(5) The cost of taking any steps under paragraph (4) in
relation to a vessel for securing compliance with directions given
under this regulation shall be a debt due from the owner of the
vessel to the Crown, and without prejudice to any other remedy
may be recovered by the Government as a civil debt due to the
Crown.
(6) In this regulation the expression 'owner', in relation to
a vessel, includes the person having the management of the vessel.
46. (1) Any person authorized by the Governor to act under
this regulation may, by directions given to the master of any ship
which is for the time being within the harbours and territorial
waters of the Colony, prohibit any person going on board the
ship without the consent in writing of the person so authorized so
long as the ship remains within the harbours or territorial waters
of the Colony, or during such periods while she so remains as
may be specified in the directions.
(2) Any such directions may be given either generally with
respect to all persons, not being officers or members of the crew
of the ship or police officers or public servants acting in the course
of their duty as such, or with respect to any particular person or
class or description of persons.
(3) If any person goes on board a ship in contravention of
directions given under this regulation, the master of the ship shall
be guilty of an offence.
47. (1) Subject as hereinafter provided the Governor may, if it
appears to him to be necessary or expedient for the safety of British
ships and of persons on board such ships so to do, make provision by
order
(a)for securing that any British ship to which the order applies
shall not, except under permission granted by or on behalf of
the Governor, proceed to sea unless such requirements in
respect of the alteration of the structure or external appearance
of the ship, and in respect of the equipping of the ship with
any particular apparatus, contrivance or appliance, as may be
contained in the order have been complied with;
(b)for securing the proper maintenance and efficient use of any
apparatus, contrivance or appliance with which any such ship
is equipped in pursuance of the order;
(c)for prescribing the wireless telegraph services to be
maintained, and the number, grade and qualifications of
operators and watchers to be carried, in connexion with the
operation of any wireless telegraph installation provided in any
such ship, whether in pursuance of the order or otherwise;
(d)for any incidental and supplementary matters for which it
appears to the Governor to be necessary or expedient for the
purposes of the order to provide,
and an order under this regulation may be made so as to apply either to a
particular British ship or to British ships of a particular class, and so as
to apply to any such ship or ships either wherever it or they may be or
while in such waters, or engaged on such voyage, as may be specified in
the order, but shall not apply to any Dominion ship.
(2) If any ship proceeds or attempts to proceed to sea in
contravention of an order made under this regulation, the master of the
ship and the person having the management thereof shall each be guilty
of an offence.
(3) Any person acting on behalf of the Governor may, in relation to
any ship, take such steps, and use such force, as may appear to that
person to be reasonably necessary for securing compliance with any
order under this regulation relating to the ship, or, where an offence
against this regulation has occurred in the case of the ship, for enabling
proceedings in respect of the offence to be effectually taken.
48. (1) The Governor, if it appears to him to be necessary or
expedient in the public interest may, as respects any class of British
ships, not being Dominion ships, make provision by order
(a)for securing that, subject to any exemptions for which
provision may be made by the order, any such class of persons
as may be specified in the order shall not be employed on
board ships to which the order applies; or
(b) for prohibiting the employment of any persons or class of
persons on board such ships unless they are holders of
certificates of identity issued in such form and manner as may
be prescribed by the order, and for determining the
circumstances in which certificates of identity may be granted
and revoked under the order,
and an order under this regulation may be made so as to restrict the
employment of persons either in any capacity or in such capacity as
may be specified in the order, and so as to restrict the employment of
persons on such ships as aforesaid either wherever they may be or
while in such waters, or engaged in such trades or on such voyages, as
may be so specified.
(2) The preceding provisions of this regulation shall apply in
relation to aircraft as they apply in relation to ships.
49. (1) The Governor, with a view to preventing the employment
outside the Colony, in connexion with the management of British ships,
of persons whom he has reasonable cause to believe to be of hostile
origin or associations or to have been recently concerned in acts
prejudicial to the public interest, may by order direct that, as from such
date as may be specified in the order, the owner, manager or charterer of
any British ship, being a person resident in the Colony, shall not employ
in any foreign country or territory, in connexion with the management of
the ship, any person other than a person approved for the purpose by
the Governor; and an order under this regulation may be made so as to
apply either generally or to employment in all foreign countries or
territories, or to employment in such foreign countries or territories, or
such class of foreign countries or territories, as may be specified in the
order.
(2) The preceding provisions of this regulation shall apply in
relation to aircraft as they apply in relation to ships.
50. (1) The Governor, and any person acting on his behalf,
may, if it appears to him to be necessary or expedient in the public
interest so dto do, give directions, as respects any particular ship or
aircraft, or any class of ships or aircraft-
(a) that no such ship or aircraft shall enter or leave the bar-
bours or territorial waters of the Colony or the Colony,
as the case may be, except with permission granted by
him or such person as may be specified the directions;
or
(b)that any such ship or aircraft shall within such time as may be
specified by any such directions leave the harbours or
territorial waters of the Colony or the Colony.
(2) If any ship or aircraft enters or attempts to enter, or leaves or
attempts to leave the harbours or territorial waters of the Colony or the
Colony, as the case may be, in contravention of any directions given
under this regulation, the master of the ship or, as the case may be, the
pilot of the aircraft, shall be guilty of an offence.
(3) Any person acting behalf of the Governor may, in relation to
any ship or aircraft, take such steps, and use such force, as may appear
to that person to be reasonably necessary for securing compliance with
any directions given under this regulation relating to the ship or aircraft,
or, where an offence against this regulation has occurred in the case of
the ]ship or aircraft, for enabling proceedings in respect of the offence to
be effectually taken.
51. (1) The Governor may if he is satisfied that it is neces-
sary or expedient in the public interest so to do, give such direc-
tions as appear to him to be necessary for the detention of any
vessel, aircraft or vehicle, or any class of vessel, aircraft or vehicle.
(2) Where any directions hive been given under paragraph (1) for
the detention of any vessel, aircraft or vehicle, the Governor may also, if
he is satisfied that it is necessary or expedient in the public interest so to
do, give such directions as appear to him to be necessary for the
detention of all or any of the persons on board.
(3) For the purpose of such detention the Governor may give
directions that
(a)the vessel, aircraft or vehicle and the persons on board, shall be
detained at such place or places as he may direct;
(b) the vessel, aircraft or vehicle and the persons on board,
which have been detained 1 shall proceed or be moved
from one place of detention another.
(4) Any person detained under this regulation in the course of
removal from one place of detention to another shall be deemed to be in
lawful custody.
(5) If-
(a) any vessel, airoraft raft or vehicle; or or
(b) any person to whom this regulation applies,
in contravention of any directions given under the provisions of
paragraph (1), (2) or (3), leaves any place in the Colony where
(i) such vessel, aircraft or vehicle; or
(ii) such person,
is detained, such person, or the person responsible for such vessel,
aircraft or vehicle leaving such place of detention shall be guilty of an
offence.
(6) Where directions have been given under the provisions of
paragraph (1), (2) or (3), any person acting on behalf of the Governor
may, in relation to any vessel, aircraft or vehicle, or the persons on
board, take such steps, and use such force, as may appear to that
person to be reasonably necessary for securing compliance with the
aforesaid directions, or for enabling proceedings in respect of an offence
against these regulations to be effectually taken.
(7) Where directions have been given under the provisions of
paragraph (1), (2) or (3) any person acting on behalf of the Governor may
board the vessel, aircraft or vehicle and may search the same and any of
the persons detained, and may take possession of any article or thing
found in the course of such search:
Provided that no woman 6 1 or girl shall be searched under the
provisions of this paragraph except by a woman.
(8) (a) On the cancellation
provisions of paragraphs (1) and (2), the vessel, aircraft
or vehicle and the persons, on board, in relation to which
or whom such directions have been given, if so ordered
by the Governor, shall 1 fort 1 forthwith or within such time as
may be specified, depart from the Colony.
(b)For the purpose of effecting such departure, any person acting
on behalf of the Governor may, in relation to such vessel,
aircraft or vehicle and\, he persons on board, take such steps,
and use such force, as may appear to that person to be
reasonably necessary.
(9). In this regulation-
'persons on board' means persons who are on board any vessel,
aircraft, or vehicle in any or all of the following cases-
(a) at the time when it arrives in the Colony;
(b) at the time when it is detained under this regulation; and
(c) between the time it arrives or is detained as aforesaid
and the time it finally departs from the, Colony;
'vehicle' means any vehicle designed or adapted for use on roads or
rails.
(10) The provisions of this regulation shall be in addition to and not in
derogation of any law for the time being in force in relation to deportation
and expulsion of persons from the Colony or of any of the other
provisions of these regulations.
52. (1) The Governor may, if it appears to him to be necessary or
expedient in the public interest by order prohibit any ship or aircraft to
take on board any fuel, victuals or necessaries or to effect any repairs, as
may be specified in such order, whilst such ship is within the harbours
or territorial waters of the Colony or whilst such aircraft is in the Colony.
Any such order under this regulation may be made so as to apply
either to a particular ship or aircraft or to ships or aircraft of a particular
class.
(2) Any person who acts in contravention of any order under this
regulation by supplying or taking on board any ship or aircraft, against
which such order has been made, any such fuel, victuals or necessaries,
or by effecting any such repairs whilst such ship is within the harbours
or territorial waters of the Colony or whilst such aircraft is in the Colony,
or, if there is any contravention of such an order in the case of a ship or
aircraft, the master of the ship or the pilot of the aircraft, as the case may
be, and the person having the management thereof shall all be
individually guilty of an offence.
(3) Any person acting on behalf of the Governor may, in relation to
any ship or aircraft, take such steps, and use such force, as may appear
to that person to be reasonably necessary for securing compliance with
any order made under this regulation relating to the ship or aircraft, or,
where an offence against this regulation has occurred in the case of the
ship or aircraft, for enabling proceedings in respect of the offence to be
effectually taken.
53. (1) No person lawfully engaged to serve on board any ship to
which this regulation applies shall
(a)neglect or refuse without reasonable cause to join his ship or
to proceed to sea in his ship; or
(b) desert or be absent without leave from his ship; or,
(c) be absent wi thout leave from his duty at any time.
(2) Nothing in this paragraph shall be taken to prejudice the
provisions of paragraphs (a) and (b) of subsection (1) of section 16 of
the Merchant Shipping Ordinance, relating to forfeiture of effects or
wages for desertion or absence without leave.
(3) Where an authorized officer has reasonable cause to believe that
any person has contravened any of the provisions of paragraph (1), that
person may be conveyed on board his ship by or under the directions of
that officer.
(4) For the purpose of paragraph (3) 'authorized office?' shall be
deemed to include, in addition to the persons mentioned in regulation 4,
the master of the ship, any mate of the ship, the
person having the management of the ship, any police officer, and
the Director of Marine, the Assistant Director of Marine for the
time being having control of the administration of the ports of
the Colony, any Senior Marine Officer or any Marine Officer.
(5) In relation to ships to which this regulation applies,
paragraphs (3) and (4) shall have effect in substitution for the
provisions of subsections (1) and (2) of section 15 of the Merchant
Shipping Ordinance, in the case of a British ship and a ship belong-
ing to a subject of a foreign country to which section 238 of the
Merchant Shipping Act 1894 for the time being applies, respectively.
(6) No person lawfully engaged to serve on board any ship
to which this regulation applies shall-
(a)join his ship, or be whilst on board his ship, in a state
of drunkenness so that the performance of his duties or
the navigation of the ship is hereby impeded;
(b)continually and wilfully disobey lawful commands or
continually and wilfully neglect his duty;
(c)assault the master or any mate or certified engineer of
his ship; or
(d)wilfully damage his ship or embezzle or wilfully damage
any of her stores or cargo.
Nothing in this paragraph shall be taken to prejudice the
provisions of paragraphs (c), (d), (e), (f), (g) and (h) of subsection
(1) of section 16 of the Merchant Shipping Ordinance, relating to
forfeiture of wages for wilful damage to a ship or embezzlement
of, or wilful damage to, any of her stores or cargo.
(7) The ships to which this regulation applies are-
(a)every ship belonging to Her Majesty or the Government
of any British possession and every ship, whether British
or foreign, chartered or requisitioned by or on behalf of
Her Majesty or the Government of any British posses-
sion; and
(b)every ship in respect of which there is for the time being
in force a licence granted in pursuance of an order made
under regulation 54 hereof.
(8) In any proceedings for an offence against this regulation,
ù certificate of the competent authority that at a particular time
ù ship was one to which this regulation applies shall be evidence
of that fact.
54. (1) Without prejudice to any navigation order, the
Governor, with a view to securing that British ships are used in
such manner only as may be considered expedient in the public
interest may by order provide that a British ship shall not proceed
to sea from the waters of the Colony except under the authority of
a licence granted by such authority or person as may be specified
in the order; and any such order may contain provisions whereby
a licence under the order may be granted subject to such limita-
tions and conditions as the authority or person granting the licence
thinks fit to impose with respect to-
(a)the trades in which the ship may be engaged, and the
voyages which may be undertaken by the ship;
(b)the class of cargoes or passengers which may be carried
in the ship; and
(c)the hiring of the ship, and the terms upon which cargoes
or passengers may be carried in the ship,
and may also contain such provisions with respect to incidental
and supplementary matters as appear to the Governor to be neces-
sary or expedient for the purposes of the order.
Any provisions of an order under this paragraph may be so
framed so as to apply to any specified class of British ships, but
nothing in such an order shall apply to any Dominion ship,
(2) Without prejudice to any navigation order or to the provi-
sions of paragraph (1), any person acting on behalf of the Governor,
or any such authority, or person as may be designated by the
Governor for the purposes of this paragraph, may give such direc-
tions with respect to any particular ship-
(a)for determining the place in the Colony to which the ship
may go, or the position within any such place at which
the ship may lie; and
(b)for determining the class of goods or passengers which
may be put off or taken on board the ship at any particular
place in the Colony,
as the Governor or the said authority or person, as the case may
be, considers necessary or expedient in the public interest.
(3) If any ship proceeds or attempts to proceed to sea in
contravention of an order made under this regulation, or if other-
wise there is any contravention of such an order in the case of a
ship, the master of the ship and the person having the manage-
ment thereof shall each be guilty of an offence.
(4) Any person acting on behalf of the Governor may, in
relation to any ship, take such steps, and use such force, as may
appear to that person to be reasonably necessary for securing
compliance with any order made under this regulation relating
to the ship, or, where an offence against this regulation has occurred
in the case of the ship, for enabling proceedings in respect of the
offence to be effectually taken.
55. (1) The competent authority may by order direct that,
subject to the provisions of the order, no person shall enter into
or offer to enter into an agreement for the use or hire of a ship
of any such class as may be specified in the order or for the carriage
of goods in any such ship.
(2) Notwithstanding any thing in regulation 136 where it is
proved that an offer made by any person in contravention of an
order made under paragraph (1) has been followed by an agree-
ment so made by him in pursuance of that offer, those transactions
together shall be taken to constitute a single ofrence.
56. Where a British ship (not being a Dominion ship) is
acquired, chartered or requisitioned by or on behalf of the Govern-
ment of Hong Kong and the employment or engagement in that
ship of the master or any member of the crew would, but for this
regulation, be terminated by the acquisition, charter or requisition,
then, unless in any case the Governor or any person on his behalf
otherwise directs, the employment or engagement shall not be
terminated thereby, but the agreement under which the master or
member of the crew is employed or engaged shall have effect, as
respects the period during which the ship is owned, chartered or
requisitioned by or on behalf of the Government of Hong Kong,
as if it were an agreement made with the said Government for
service in that ship:
Provided that nothing in this regulation shall be construed as
affecting the expiration, by effluxion of time, of any such agreement.
57. In the public interest the Governor may, by order, regulate
or prohibit, either absolutely or subject to such conditions as may
be contained in the order, the navigation of all or any descriptions
of aircraft over the Colony or any portion thereof, or the territorial
waters adjacent thereto and may by order provide for regulating
or prohibiting the use, erection, building, maintenance or establish-
ment of any aerodrome, flying school or landing ground, or any
class or description thereof.
PART V.
TRANSPORT.
58. The Governor if he considers it necessary or expedient
in the public interest may by order provide for prohibiting or
restricting the use of territorial or colonial waters or any part
thereof.
59. (1) The Commissioner of Police or any person duly
authorized by him may by order or by giving directions or in
any other manner-
(a) close any road or restrict, control or prohibit its use;
(b)restrict, control or prohibit the travelling of any person in
any train, tram or vehicle of any description whether
mechanically propelled or not; or
(c)prohibit or restrict for a specified period or until further
notice entry into or movement within any part of terri-
torial or colonial waters:
Provided that in the case of any prohibition or restriction
under sub-paragraph (c) such prohibition or restriction shall cease
to have effect upon the expiration of forty-eight hours from the time
when it was imposed unless it has in the meantime been confirmed
by order of the Governor in which event it shall continue for the
period specified or until notice of its termination has been given.
(2) For the purposes of paragraph (1) the term 'road' in-
cludes any highway, and any public bridge, and any pier or wharf
and any street, lane, footpath, footway, square, court or passage,
or other open space to which the public have access, whether a
thoroughfare or not.
60. The Governor may by order provide for requiring
mechanically propelled vessels or vehicles, or any such class of
mechanically propelled vessels or vehicles as may be specified in
the order, to be rendered incapable of use by unauthorized persons
during such periods or occasions as may be specified; and any
such order may contain provisions with respect to the method by
which such vessels or vehicles are to be rendered incapable of use
as aforesaid.
61. (1) The Governor may by order provide for regulating
the supply and storage of any substances and articles capable of
being used as fuel or lubricants for mechanically propelled vessels
or vehicles or otherwise in connexion with such vessels or vehicles,
with a view to preventing supplies thereof being available for use
in any manner prejudicial to the public interest and any such
order may, in particular, provide for prohibiting the supply and
storage of such substances and articles as aforesaid elsewhere than
in such places and under such conditions as may be approved by
such authorities or persons as may be specified in the order.
(2) Any order under this regulation may be made so as to
apply either generally or to a particular area, and may provide for
any incidental or supplementary matters for which the Governor
thinks it is expedient for the purposes of the order to provide,
including, in particular, the entry and inspection of premises to
which the order relates and the taking of such steps as may be
expedient with a view to securing compliance with the order.
62. (1) Where any person is under a duty to improve or maintain a
highway, the Governor may give such directions with respect to the
manner in which that duty is to be performed as he thinks necessary in
the public interest.
Directions under this paragraph shall apply in relation to any bridge
over or under a highway, and to any tunnel in the course of a highway,
as they apply in relation to a highway.
(2) If any directions given under this regulation are not complied
with by the person to whom they are given, then (without prejudice to
any proceedings which may be taken in respect of the offence) the
Governor may cause to be done all such work as may be necessary for
securing compliance with the directions.
63. (1) Without prejudice to any navigation order, the Governor, if it
appears to him to be necessary or expedient so to do in the public
interest, may make provision by order
(a)for prohibiting or restricting the shipping or unshipping of
articles or persons, or any specified class of articles or
persons, at any place within the harbours and territorial waters
of the Colony or at any pier, quay, wharf or any place
bordering thereon;
(b)generally for regulating, facilitating or expediting the traffic at
any such place,
and an order under this regulation may contain such incidental and
supplementary provisions as appear to the Governor to be necessary or
expedient for the purposes of the order.
(2) The reference in this regulation to shipping or unshipping shall
be construed as including a reference to embarking or putting on board
seaplanes or disembarking or unloading from seaplanes.
64. (1) A competent authority may, if it appears to him to be
necessary for the purpose of preventing or avoiding any undue
congestion of traffic at any place within the harbours and territorial
waters of the Colony or upon railway premises cause to be removed from
any such place or premises, and to be kept at such place in the Colony
as he thinks proper, any goods at such place or on the premises which
are not removed therefrom with reasonable dispatch by or on behalf of
the consignee, after reasonable notice in writing to the consignee to
remove the goods shall have been given. Such competent authority may
make provision by order
(a)for carrying into effect the provisions of this regulation; and
(b)for making charges in respect of the removal and storage
elsewhere of any goods, coming within the provisions of this
regulation and an order under this regulation may
contain such incidental and supplementary provisions as
appear to such competent authority to be necessary or
expedient for the purposes of the order.
(2) For the purposes of this regulation any pier, quay, or wharf and
any godown in the immediate vicinity of any such pier, quay or wharf or
of any harbour shall be deemed to be a place within the harbour.
65. (1) No restriction imposed by any enactment in relation to the
harbours or territorial waters of the Colony shall apply
(a)to the shipping, unshipping, handling, storage or conveyance
of ammunition, explosives or inflammable substances in the
service of Her Majesty or under instructions given by the
Governor; or
(b)to the conveyance of ammunition, explosives or inflammable
substances in any vessel in the public interest,
but the Governor may by order make such provision as appears
to him to be required in the interests of safety for regulating ing the
shipping, unshipping, handling, storage and conveyance of am-
munition, explosives and inflammable substances as aforesaid in
any such area.
(2) Any. reference in this regulation to shipping or to unshipping
shall be construed as including a reference to putting on board
seaplanes or to unloading from seaplanes, as the case may be.
66. (1) It shall be lawful for any police officer or for any member in
uniform of Her Majesty's regular forces or of any local naval, military or
air force, corps or reserve
(a)to require the driver or person in control of any road vehicle in
motion or any vessel in motion in any colonial or territorial
waters to which the public have access to stop;
(b)to search any vehicle or vessel which fails to stop after a lawful
requirement has been made under sub-paragraph (a) or in or
upon which he has reasonable ground for suspecting there is
to be found evidence of the commission of an ofrence against
these regulations; and
(c)to seize any article found upon any such search as aforesaid
which he has reasonable ground for believing to be evidence
of an ofrence against these regulations.
(2) In this regulation 'road vehicle' means any vehicle designed or
adapted for use on roads or rails.
PART VI.
POSSESSION OR CONTROL OF
PROPERTY,
UNDERTAKING OR EMPLOYMENT.
67. (1) A competent authority if it appears to that authority to be
necessary or expedient in the public interest may take or authorize in
writing the taking of possession of any land and may give such
directions as appear to be necessary for the taking and main taining
possession of such land and for the eviction therefrom of any person
who is, enters or remains thereon without the consent of the competent
authority.
1 (2) Without prejudice to the generality of the foregoing such directions
may authorize any police officer to break open, enter forcibly and remain
on any land the taking possession of which has been authorized by the
competent authority and to evict forcibly from such land any persons
that the competent authority may specify or any persons other than
such persons as the competent authority may specify.
(3) Whether or not any specified direction has been given under
paragraph (2), a police officer may take such steps and use such force as
appears to him to be reasonably necessary for securing compliance with
any direction given under paragraph (1).
(4) While any land is in the possession of a competent authority by
virtue of this regulation, the land may, notwithstanding any restriction
imposed on the use thereof (whether by any Ordinance or other
instrument or otherwise), be used by, or under the authority of, the
competent authority in the public interest, and the competent authority,
so far as appears to it to be necessary or expedient in connexion with the
taking of possession or use of the land in pursuance of this paragraph,
may
(a)do, or authorize persons using the land as aforesaid to do, in
relation to the land, anything which any person having an
interest in the land would be entitled to do by virtue of that
interest; and
(b)by order provide for prohibiting or restricting the exercise of
rights of way over the land, and of other rights relating thereto
which are enjoyed by any person, whether by virtue of an
interest in land or otherwise.
(5) The owner or occupier of any land shall, if requested by or on
behalf of a competent authority so to do, furnish to such authority or
person as may be specified in the request such information in his
possession relating to the land (being information which may
reasonably be demanded of him in connexion with the execution of this
regulation) as may be so specified.
(6) A competent authority may, to such extent and subject to such
restriction as it thinks proper, delegate all or any of its functions under
this regulation to any specified person or class of persons.
68. (1) In this regulation the term 'chattel' includes any substance,
vehicle or animal and any launch, lighter, boat or other small craft, and
any ship, vessel or aircraft but does not include currency, gold securities
or negotiable instruments.
(2) A competent authority may, if it appears to him to be necessary
or expedient so to do in the public interest, requisition any chattel, and
may give such directions as appear to him to be necessary or expedient
in connexion with the requisition. Any person contravening any such
direction shall be guilty of an offence.
(3) Where any chattel is requisitioned, under this regulation, a
competent authority may use or deal with or authorize the use or dealing
with the chattel for such purposes and in such manner as he thinks
expedient in the public interest, and may hold, or sell or otherwise
dispose of, the chattel as if he were the owner thereof and as if the
chattel were free from any mortgage, pledge, lien or other similar
obligation, and, in a case where the chattel requisitioned is a vehicle,
vessel, excavator, crane or agricultural machinery or aircraft, may acquire
it by serving on the owner thereof a notice stating that he has acquired it
in pursuance of this regulation. When a notice of acquisition has been
served, then, at the beginning of the day on which the notice is served
(a)the vehicle, vessel, excavator, crane or agricultural machinery
or aircraft shall vest in the Government of Hong Kong free from
any mortgage, pledge, lien or other similar obligation; and
(b) the period of the requisition thereof shall end.
(4) In any case in which the chattel requisitioned is a chattel other
than a vehicle, vessel, excavator, crane or agricultural machinery. or
aircraft such chattel shall as soon as possession thereof is taken in
pursuance of this regulation, vest in the Government of Hong Kong free
from any mortgage, pledge, lien or other similar obligation.
(5) A competent authority, if it appears to that authority to be
necessary for the effectual exercise of its powers under this regulation so
to do, may, by order made as respects the whole of the Colony or any
part thereof,
(a)direct that no person who, at the time when the order takes
effect, has in his possession or under his control, at any
premises in the area to which the order relates, any such
articles as may be described in the order, shall remove the
articles, or cause or permit them, to be
removed, from the premises until the removal of the articles
therefrom is permitted by such authority or person as may be
specified in the order;
(b)require the owner or occupier of any premises in the said area
to send to such authority or person as may be specified in the
order a written declaration stating or estimating whether or
not, on such date as may be specified in the order, any such
articles as aforesaid were or will be on the premises, and, if so,
the number or quantity of those articles which was or will be
on the premises on that date, according as the order may
direct; or
(c)require persons who may from time to time own, or have in
their possession or custody, or under their control, any such
vehicle within the said area as may be described in the order to
furnish in writing, to such authority or person as may be
specified in the order, such information relating to the vehicle
and its parts (including spare parts) and accessories as may be
so specified.
(6) A competent authority may, to such extent and subject to such
restrictions as it thinks proper, delegate all or any of its functions under
this regulation to any specified persons or class of persons.
(7) Without prejudice to the generality of the foregoing or to any
other method of effecting requisition it shall be lawful for the competent
authority to proceed to requisition chattels of any particular type or
description being chattels of a type or description to which the Colonial
Secretary has directed that this paragraph shall apply in manner and
subject to the conditions following
(a)the competent authority shall from time to time estimate the
total number, quantity or amount of any such chattel as he
considers it necessary or expedient in the public interest to
requisition;
(b)the competent authority shall by writing under his hand
declare that the requisitioning of such number, quantity or
amount of any such chattel as he may specify appears to him
to be necessary in the public interest and shall specify in such
writing the department of the public service, the class of
person or persons authorized to carry such requisitioning into
effect subject to such limitations as he may by any such
writing or by further writing under his hand specify and may
from time to time give such direction as appear to him to be
necessary or expedient in connexion with the requisition;
(c)any such writing shall according to its tenor be sufficient
authority for the department, class of persons or persons
specified to take possession on behalf of the competent
authority of any chattel of the type specified until such time as
the competent authority has by writing under his hand
declared that such authority is withdrawn;
(d)the competent authority shall with all convenient speed give
notification in such manner as he may consider appropriate of
all chattels of which possession has been taken pursuant to
sub-paragraph (c) and shall by writing under his hand either
confirm or disclaim the requisition of any such chattel and if he
confirms the requisition shall furnish such person as may
appear to him to be entitled to the payment of compensation in
respect thereof with evidence of such confirmation and of
such particulars as may appear to the competent authority to
affect the amount of compensation payable;
(e)upon any disclaimer under sub-paragraph (d) the period of
requisition of the chattel effected shall come to an end but this
shall not affect the validity of any act lawfully done prior to
such disclaimer nor, save in so far as the same may be waived
or as hereinafter appearing, the right to any compensation in
respect of the requisition and upon such disclaimer the chattel
shall if it has become vested in the Government of Hong Kong,
revest in the person who would have been entitled thereto but
for the requisition and any mortgage, pledge, lien or other
similar obligation subsisting at the time of the commencement
of the requisition shall be deemed to ,be still subsisting; and
in the event of any disclaimer compensation shall be payable in
like manner as if the chattel has been commandeered under
regulation 69 and as if the period of requisition had been the
period of commandeerment
(8) Where the competent authority has issued his requisition in
respect of any chattel, such chattel shall be furnished by the owner and
the person having the possession, custody or control thereof to the
competent authority or to such persons as he shall appoint for the
purpose forthwith or (if such is the case) within such period as may be
mentioned in the requisition. On any refusal or neglect to furnish such
property in manner aforesaid, then the competent authority or others
authorized by him in that behalf may seize (and if need be may enter
premises by force for the purpose) the property requisitioned and may
use the same in like manner as if it had been furnished in pursuance of
the requisition. Payment for the same shall nevertheless be made in like
manner as if the property had been duly furnished according to the
requisition provided that the property specified in the requisition shall
not be deemed to have been furnished except in so far as possession is
taken by or by the direction of the competent authority.
(9) Where the Accountant General is satisfied that any vehicle in
respect of which a licence to keep has been granted has, in exercise of
the powers conferred by this regulation, been acquired before the
expiration of the period of the validity of such licence, the Accountant
General may authorize the refund to the person who at the date of such
acquisition was the owner of the vehicle of a proportionate part of the
fee paid for such licence in respect of such part of the period of its
validity as remained unexpired at the date aforesaid, if a claim for such
refund is made to him in writing by such person not later than three
months after the date when such vehicle was acquired as aforesaid.
(10) Any reference in this regulation to articles shall be construed as
including a reference to substances, vehicles, vessels or animals.
69. (1) the Commissioner of Police and any police officer generally
or specially authorized in that behalf by the Commissioner of Police may
if it appears to him to be necessary or expedient in the interest of internal
security or for the preservation of public order or safety, commandeer
any means of transport and any property whatsoever other than land
and may give such directions and take such steps as appear to him to be
necessary to secure effective possession of the property commandeered
and may for the purposes aforesaid use or deal with the property
commandeered as if he were the owner thereof.
(2) Where possession as been taken of any property
commandeered in pursuance of this regulation then unless possession
thereof is relinquished in accordance with, paragraph (3) such property
shall as from the time when effective possession thereof has been taken
be deemed to have been acquired on behalf of the Governor in
pursuance of emergency powers and compensation shall be payable
accordingly.
(3) It shall be lawful for the Commissioner of Police to relinquish
possession of any property commandeered, which has not perished or
been consumed or lost, either by delivering the same to the owner
thereof or to the person from whom it was commandeered or by
notification in the Gazette declaring to either of such persons as
aforesaid that delivery thereof may be taken at a time and place to be
specified in such notification.
(4) Where possession of any property commandeered in pursuance
of this regulation is relinquished under paragraph (3) then
(a)if such property was a vehicle, vessel, excavator, crane or
agricultural machinery, it shall be deemed to have been
requisitioned on behalf of the Governor in exercise of
emergency powers for the period of commandeerment and
compensation shall be paid accordingly; and
(b)in the case of any other property there shall be paid by way of
compensation
(i) a sum equal to the amount which might immediately prior
to the commandeerment reasonably be expected to be payable
by a person for the use of such property during the period of
commandeerment; and
(ii) a sum equal to the cost of, making good any damage to
the property commandeered which may have occurred during
the period of commandeerment (except in so far as the damage
has been made good during the period by a person acting on
behalf of the Governor); and
(iii) a sum equal to the amount of any expenses reasonably
incurred for the purposes of compliance with any direction
given in pursuance of this regulation:
Provided that if the property commandee~ed was
perishable or has been consumed or lost or can no longer at
the time when possession thereof is relinquished be used for
its ordinary purposes or cannot be so used without
endangering health or safety, or if the Colonial Secretary so
orders, there shall be paid in lieu of compensation under sub-
paragraphs (i), (ii) and (iii) hereunder a sum equivalent to the
value of the property commandeered immediately before
effective possession thereof was taken in pursuance of the
powers conferred by this regulation.
(5) For the purpose of this regulation 'commandeer' means to
require the use of.
(6) This regulation shall have no application to aircraft or to any
ship or vessel of a tonnage exceeding sixty tons net or to currency, gold,
securities or negotiable instruments.
70. (1) Any authorized officer and any person acting under the
special authority of a competent authority may, in the public interest, do
any work on any land or place anything in or over any land.
(2) A competent authority, if it appears to him to be necessary or
expedient so to do in the public interest, may by order provide for
prohibiting or restricting the doing on any particular land of any such
work as may be specified in the order.
(3) No person, other than an authorized officer, or any person
acting under the special authority of a competent authority, shall, except
with permission granted by or on behalf of a competent authority
remove, alter or tamper with any work done or retained, or anything
placed or retained in, on or over, any land in pursuance of this
regulation.
(4) Any person who contravenes any of the provisions of this
regulation, or any order or direction made thereunder, shall be guilty of
an offence.
(5) For the purposes of this regulation, the doing or retaining of
work shall, in relation to any land, be deemed to include the demolition,
pulling down, destruction or rendering useless of anything placed in, on
or over the land and the removal from the land of anything so placed,
demolished or pulled down.
71. (1) Without prejudice to any other of these regulations, the
Governor may by order authorize, subject to any restrictions or
conditions imposed by the order, the use of any land specified therein
for naval, military, air force or police force purposes, as the case may be,
during such period as may be specified in the order; and any such order
may, so far as appears to the Governor to be necessary or expedient for
the purposes thereof, provide
(a)for entitling persons using any land in pursuance of the order
to do such acts in relation to that land as may be specified in
the order; and
(b)for prohibiting or restricting the exercise of rights of way over
that land, and of other rights relating thereto which are
enjoyed by any person, whether by virtue of an interest in land
or otherwise.
(2) Any person who contravenes any order made under this
regulation shall be guilty of an offence
72. (1) The Governor may by order require any person who carries
on the business of storing, cooling, transporting or distributing goods
of any description to afford similar services in relation to the storage,
cooling, transport or distribution of goods for the purpose of any of Her
Majesty's regular forces, or local naval, military or air force, corps or
reserve, or the police force or any essential services.
(2) Any person who contravenes any order made under this
regulation shall be guilty of an offence.
73. (1) The Governor may by order require any company, authority
or person supplying or authorized to supply water, light, heat or power,
to supply water, light, heat or power to any building, premises or camp
belonging to or used for the purposes of any of Her Majesty's regular
forces or local naval, military or air force, corps or reserve, or the police
force or any essential services and to carry out such work and render
such services in connexion with such supply as may be directed by the
Governor.
(2) Any person who contravenes any order made under this
regulation shall be guilty of an ofrence.
74. (1) A competent authority, so far as appears to that authority to
be necessary in the public interest may, subject to any general or special
instructions of the Governor, by order provide
(a)for regulating or prohibiting the production, treatment,
keeping, storage, movement, transport, distribution, disposal,
acquisition, use or consumption of articles of any description,
and, in particular, for controlling the prices at which such
articles may be sold;
(b)for regulating the carrying on of any undertaking engaged in
essential work, and, in particular, for controlling the charges
which may be made by the undertakers in respect of the doing
of any work by them;
(c)for requiring persons carrying on any undertaking to keep
such books, accounts and records relating to the undertaking
as may be prescribed by or under the order;
(d)for requiring persons carrying on, or employed in connexion
with, any undertaking, to produce in such manner and to such
person, as may be mentioned in such order or otherwise
prescribed such books, accounts or other documents relating
to the undertaking or to furnish to him such estimates, returns
or information relating to the undertaking as may be mentioned
in such order or otherwise prescribed; and
(e)for any incidental and supplementary matters for which the
competent authority thinks it expedient for the purposes of the
order to provide, including, in particular, the entering and
inspection of premises to which the order relates by persons
authorized in that behalf by the competent authority with a
view to securing compliance with the order,
and an order under this regulation may prohibit the doing of anything
regulated by the order except under the authority of a licence granted by
such authority or person as may be specified in the order, and may be
made so as to apply either* to persons or undertakings generally or to
any particular person or undertaking or to any class of persons or
undertakings, and either to the whole or to any part of any undertakings
and so as to have effect either throughout the Colony or in any particular
area therein.
(2) A competent authority may, if it appears to that authority to be
necessary so to do in the public interest, make or give as respects any
undertaking all or any orders or directions which might have been made
or given under sub-paragraph (a) of paragraph (1) of regulation 75 by an
authority which is a competent authority for the purposes of this
regulation, if the undertaking had been a production or distribution
undertaking
and had been declared under such paragraph (1) to be a controlled
undertaking and sub-paragraphs (b) and (c) of that paragraph shall
apply accordingly.
(3) Where the right to make charges in connexion with the carrying
on of any undertaking with respect to which an order may be made
under this regulation is limited by law, any order so made in relation to
that undertaking may authorize the undertakers to make in that
connexion charges in excess of, or in addition to, or otherwise varying
from, those which they would otherwise be authorized to make.
(4) A competent authority, if it appears to that authority to be
necessary so to do in the public interest, may, subject to any general or
special instructions of the Governor, carry on the whole or any part of
any existing undertaking, or may authorize any person to carry on the
whole or any part of any existing undertaking, in accordance with any
instructions of the competent authority; and while by virtue of this
paragraph a competent authority or a person so authorized is carrying
on the whole or any part of any undertaking
(a)the said authority or person shall be deemed to be acting as the
agent of the undertakers, except that the undertakers shall not
have any right to control the carrying on of the undertaking or
part of the undertaking; and
(b)the undertakers shall not be bound, or, as the case may be,
shall not in respect of such matters as may be specified by
order of the competent authority be bound, by any obligation
or limitation imposed on the undertakers by or by virtue of any
Ordinance or other instrument determining their functions.
(5) A competent authority may, to such extent and subject to such
restrictions as it thinks proper, delegate all or any of its functions under
this regulation to any specified persons or class of persons.
(6) For the avoidance of doubt, it is hereby declared that the powers
conferred by this regulation may be exercised as respects any
undertaking whether or not the undertaking has been declared to be a
controlled undertaking and that paragraph (2) authorizes the making of
*any such orders or the giving of any such directions as are therein
mentioned in relation to any undertaking, notwithstanding that the
undertaking is being carried on under paragraph (4) by a person
authorized in that behalf by the competent authority. The powers
contained in paragraph (1) of regulating or prohibiting the movement of
articles shall include the power to regulate and prohibit the importation
and exportation of articles into and out of the Colony.
(7) In this regulation-
(a)'essential work' means work appearing to the competent
authority to be essential in the public interest; and
(b)'undertaking' means any public utility undertaking or
any enterprise concerning industry, commerce, agricul-
ture or any fishery, and 'undertakers' in relation to
any such enterprise means the persons by whom it is
carried on,
and any reference in this regulation to articles shall be construed
as including a reference to substances, vehicles, vessels or animals
and also as including a reference to electricity.
75. (1) If the Governor is satisfied that in the public interest
it is expedient that any production or distribution undertaking,
or any class or description of such undertakings, should become
subject to the provisions of this regulation, he may by order
declare that undertaking, or every undertaking of that class or
description, to be a controlled undertaking, and thereupon the
following provisions shall have effect as respects every under-
taking to which the order relates-
(a)the undertakers shall carry on the undertaking in accord-
ance with orders made or directions given by a com-
petent authority, and such orders or directions may, in
particular-
(i) require the undertakers to employ upon such work
and for such period as may be specified in the order or
directions, such persons, or such class or description of
persons, or such number of persons, or such number
of persons of such class or description, as may be so
specified; and
(ii) fix the price or remuneration to be paid for any
articles produced or supplied or services rendered by
the undertakers (whether to a competent authority or
otherwise) in accordance with the order or directions;
(b)no obligation or limitation imposed on the undertakers
by or by virtue of any Ordinance or other instrument
determining their functions shall prevent or excuse the
undertakers from complying with any such order or
directions; and
(c)with a view to ascertaining whether any such orders or
directions with respect to an undertaking are complied
with, any person authorized in that behalf by a com-
petent authority may at any time enter and inspect any
premises used or appropriated for the purposes of the
undertaking.
(2) In this regulation-
(a)'article' includes electricity and any substance, vehicle
or vessel;
(b)'undertaking- means any public utility undertaking or
any enterprise concerning industry, commerce, agricul-
ture or any fishery, and 'undertakers' in relation to
any such enterprise means the persons by whom it is
carried on;
(c)'production or distribution undertaking' means an
undertaking which, in the opinion of the competent
authority, is or should be principally engaged upon the
production distribution rendering or supply of articles or
services required in the public interest.
76. (1) A competent authority may, subject to any general
or special instructions of the Governor, direct any person in the
Colony to perform such services therein as may be specified by
the direction, being services which that person is, in the opinion
of the authority, capable of performing.
(2) Any services required by a direction given under this
regulation to be performed shall be performed upon such terms
as to remuneration and conditions of service as the competent
authority may, in accordance with the provisions of this regula-
tion, direct:
Provided that in determining the terms upon which any such
services are to be performed the authority shall have regard to
any rates of salary, fees or wages for the performance of those
services which appear to him to be usual, and, in particular, in
the case of services usually rendered under a contract of service,
shall have regard to any determination relating to the remunera-
tion and conditions of service of persons employed in the district
in the capacity and in the trade in which the person to whom the
direction relates is to serve, being a determination contained in an
agreement between organizations representative of employers and
workers or in a decision of an arbitration board or other similar
body or, in the absence of any such determination, shall have
regard to the remuneration and conditions of service in practice
prevailing among good employers in that trade in the district.
(3) Any directions given by a competent authority under this
regulation may, in accordance with his instructions, be given on
his behalf by any person duly authorized in writing by him.
(4) A competent authority may, subject to any general or
special instructions of the Governor, by order make provision for
regulating the engagement of workers by employers and the dura-
tion of their employment, and for giving effect to the foregoing
provisions of this regulation, and may, in particular, provide by any
such order
(a)for requiring persons to register such particulars about
themselves as may be prescribed by or under the order;
(b)for requiring persons carrying on any undertaking to keep
such books, accounts and records relating to the undertaking
as may be Prescribed by or under the order;
(c)for requiring persons carrying on, or employed in connexion
with, any undertaking, to produce to such person as may be
designated by or on behalf of the competent authority or
person specified in the order such books, accounts or other
documents relating to the undertaking and to furnish such
estimates, returns or information relating thereto as may be
prescribed by or under the order; and
(d)for any incidental and supplementary matters for which the
competent authority thinks it expedient to provide, including,
in particular, the entry and inspection of premises with a view
to securing compliance with directions given under this
regulation,
and any such provision may be made so as to relate either to persons-or
undertakings generally or to any particular person or undertaking or
class or description of persons or undertakings.
77. Any member of Her Majesty's regular forces or local naval,
military or air force, corps or reserve, or a police officer acting in the
course of his duty as such, or any person authorized by a competent
authority to act under this regulation on producing, if so required, some
duly authenticated document showing his authority
(a)may enter on any land for the purpose of exercising any of the
powers conferred in relation to that land by any of these
regulations;
(b)may enter and inspect any land for the purpose of determining
whether, and, if so, in what manner, any of those powers are to
be exercised in relation to the land; and
(c)may, for any purpose connected with the public interest pass
(with or without animals or vehicles) over any land.
78. Whenever any person finds an article as to which he has
reasonable cause to believe that it has been lost or abandoned, and that,
immediately before being lost or abandoned, it was used or intended to
be used for the purposes of an armed force or was in the possession of a
person who had it with him while serving with an armed force, the
person so finding the article-
(a)shall forthwith report the nature and situation thereof, or, if the
article is a document, cause it to be delivered,
to some member of Her Majesty's regular forces or local
naval, military or air force, corps or reserve, on duty
in the neighbourhood or to a police officer at a police
station; and
(b)save as aforesaid, shall not remove or tamper with the
article except with permission granted by the Commis-
sioner of Police:
Provided that the Governor may by order direct that the
obligations and restrictions imposed by this regulation shall not
apply in relation to any such description of articles as may be
specified in the order.
79. (1) With a view to preventing work in essential services
being interrupted by trade disputes, the Governor may by order
make provision-
(a)for establishing a Board for the settlement of trade dis-
putes, and for regulating the procedure of the Board;
(b) for prohibiting, subject to the provisions of the order,
a strike or lock-out in connexion with any trade dis-
pute; and 1
(c)for any incidental and supplementary matters for which
the% Governor thinks it expedient for the purpose of the
order to provide.
(2) In this regulation 'trade dispute' means any dispute or
difference between employers and workers, or between workers
and workers connected with the employment or non-employment
or. the terms of the employment or with the conditions of labour
of any person employed in an essential service.
(3) Any order made under this regulation may provide that
contravention of any provision of such order shall constitute an
offence.
80. (1) Subject as hereinafter provided in this regulation,
the competent authority may require any space or accommoda-
tion in a British ship or aircraft to be placed at the disposal of
the competent authority, and may give such directions as appear
to the competent authority to be necessary or expedient in con-
nexion with any such requirement; and if any directions given
under this paragraph with respect to any vessel or aircraft are
contravened or not complied with, the master of the vessel or the
pilot of the aircraft, as the case may be, and the person having
the management thereof, shall each be guilty of an offence:
Provided that nothing in this paragraph shall authorize the
doing of any thing in relation to a Dominion ship or aircraft.
(2) Where, in respect of any ship or aircraft, there subsists between
a person to whom this paragraph applies and any other person a
charterparty or other contract under which the firstmentioned person is
entitled to possession of the ship or aircraft or has the right to have any
articles carried in the ship or aircraft or to use any space or
accommodation in the ship or aircraft, the competent authority may serve
on the first-mentioned person, in any manner appearing to the competent
authority to be convenient, a notice stating that on such date as may be
specified in the notice his rights and liabilities under the contract will be
transferred to the competent authority; and in that event the contract
shall, as regards any rights exercisable, or liabilities incurred, on or after
the said date, have effect (subject to the provisions of the next following
paragraph) as if the competent authority were a party to the contract
instead of the person on whom the notice was served and as if for any
reference in the contract to that person there were substituted a
reference to the competent authority.
The persons to whom this paragraph applies are
(a)every British subject not being resident in a Dominion; an
(b) every corporation incorporated under the law of-
(i) any part of the United Kingdom;
(ii) the Isle of Man or any of the Channel Islands;
(iii) any Colony or British protectorate administered by Her
Majesty's Government in the United Kingdom; or
(iv) any territory in respect of which a mandate on behalf of
the League of Nations has been accepted by Her Majesty and
is being exercised by Her Majesty's Government in the United
Kingdom or any territory administered by the government of
any part of Her Majesty's dominions under the trusteeship
system of the United Nations.
(3) The competent authority may at any time cancel a notice served
under paragraph (2) in respect of a contract, and thereupon the said
paragraph shall, unless and until a further notice is served thereunder in
respect of that contract, cease to operate in relation to the contract as
regards any rights exercisable, or liabilities incurred, on or after the date
on which the cancellation takes effect.
.Notice of any such cancellation shall be given as soon as may be
by the competent authority in such manner as that authority thinks best
for informing the person concemed.
(4) The competent authority may, to such extent and subject to
such restrictions as it thinks proper, delegate all or any of its functions
under paragraph (1), (2) or (3) of this regulation to any specified persons
or class of persons.
81. (1) If the competent authority is satisfied-
(a)that it is necessary in the public interest that any par-
ticular work should be carried on in any particular
premises or place; and
(b)that the carrying on of that work therein tinder the con-
ditions necessitated by the requirements of the public
interest is causing or may cause a nuisance,
the competent authority may by order provide for authorizing the
carrying on of that work in those premises or that place notwith-
standing that a nuisance may be caused thereby:
Provided that-
(i)before making any such order the competent authority
shall take steps to ascertain whether arrangements can-
not be made for the work to be carried on under such
conditions as aforesaid, either in the premises or place
in which it-is being carried on or in some other premises
or place, without causing a nuisance, and, if satisfied that
such arrangements cannot be made, shall ascertain what
means can be taken for minimizing the nuisance; and
(ii)any such order shall specify the work and the premises
or place to which it relates and shall be made subject to
such conditions as the competent authority thinks best
calculated to minimize the nuisance as far as is practi-
cable without prejudicing the public interests.
(2) Where an order has been made under this regulation
authorizing the carrying on of any work in any premises or place,
no legal proceedings for the abatement or prohibition of any
nuisance caused by the carrying on, while the order is in force,
of that work in those premises or that place or for the recovery
of damages in respect of such a nuisance (including proceedings
for the enforcement of any undertaking given, or of any injunction
or other order of a court granted or made, before the coming into
operation of the order) shall be entertained by any court, but if
upon representations made to any person appearing to the com-
petent authority by which the order was made to be interested,
the authority is satisfied that any condition imposed by the order
is not being complied with, the authority shall send to the persons
engaged in the work authorized by the order a notice requiring
them to comply with that condition within such time as may be
specified in the notice, and, if the requirements of the notice are
not complied with to the satisfaction of the competent authority
the authority shall revoke the order:
Provided that the provisions of this paragraph as to the duty
of the competent authority in the event of any such condition not
being complied with shall be without prejudice to the power of
the competent authority to vary any such condition if the com-
petent authority is satisfied that it is necessary so to do.
(3) If while any order by a competent authority under this regulation
is in force, an application is made to the authority by persons appearing
to the authority to be interested requesting that an inquiry into the
extent of the nuisance, or the steps that might be taken to minimize it,
should be held, the competent authority shall, unless the application
appears to such authority to be frivolous, direct the holding of such an
inquiry, and shall after receiving the report of the person appointed to
hold the inquiry, consider whether or not the order should be varied or
revoked.
(4) For the purposes of this regulation, proceedings for the
enforcement of an express covenant not to commit nuisance or for the
recovery of damages in respect of a breach of such a covenant shall be
deemed to be proceedings for the abatement or prohibition of a nuisance
or for the recovery of damages in respect of a nuisance, as the case may
be.
(5) Nothing in this regulation shall affect any proceedings for the
enforcement of an Ordinance.
82. (1) With a view to obtaining information as to the
accommodation and facilities available for the storage of articles in the
public interest the Governor may, by order made as respects premises of
any class situated in any area in the Colony, require the owners or
occupiers of those premises to furnish to such authority, within such
time, and in such form and manner, as may be specified in the order,
such particulars with respect to the premises as may be so specified, and
to notify that authority from time to time of any change in those
particulars.
(2) The Governor may, to such extent and subject to such
restrictions as he thinks proper, delegate his functions under this
regulation to any specified persons or class of persons.
83. The Compensation (Defence) Regulations and all orders, notices
and appointments thereunder, shall have effect, in relation to things
done under the powers conferred by these regulations, as though the
said regulations had been amended on the coming into force of these
regulations
(a)by deleting in paragraph (1) of regulation 3 the words 'during
the period beginning with the 24th day of August, 1939, and
ending with such day as the Governor may by order declare to
be the day on which the emergency comes to an end' and
substituting therefor the words 'at any time after the
enactment of Part VI of the Emergency (Principal)
Regulations';
(b)as if for the definition of 'land' therein contained there had
been substituted the definition of 'land' contained in Part 1 of
these regulations;
(c)by inserting in regulation 6 the words 'or excavator, crane or
agricultural machinery' immediately after the words 'vessel,
vehicle or aircraft' wherever they occur;
(d)as if for the definition of 'goods' therein contained there had
been substituted the following definition
'goods' means chattels other than vehicles, vessels,
aircraft, excavators, cranes and agricultural
machinery;'; and
(e)by substituting a comma for the semi-colon appearing at the
end of the definition of 'the emergency' therein contained
and by adding immediately thereafter the- following words
except that in regulations 6, 7 and 8 it means the date of
the enactment of Part VI of the Emergency (Principal)
Regulations;'.
PART VII.
MISCELLANEOUS PROVISIONS.
84. (1) The competent authority, if he considers it desirable for the
exercise' of any of the powers under Part V and Part VI of these
regulations that an inquiry should be held into any particular matter,
may direct the holding of an inquiry into that matter by such person and
at such place as the authority may determine.
(2) For the purposes of any inquiry held in pursuance of this
regulation, the person appointed to hold the inquiry may by summons
require any person to attend, at such time and place as is specified in the
summons, to give evidence or to produce any documents in his custody
or under his control which relate to any matter in question at the inquiry,
and may take evidence on oath, and for that purpose administer oaths,
or may, instead of administering an oath, require the person examined to
make and subscribe a declaration of the truth of the matter respecting
which he is examined.
(3) Every person who refuses or wilfully neglects to attend in
obedience to a summons issued under this regulation, or to give
evidence, or who wilfully alters, suppresses, conceals, destroys or
refuses to produce any book or other document which he may be
required to produce for the purpose of such an inquiry, shall be guilty of
an offence.
85. (1) When any order or rule is made or direction given, the
Governor or other authority making such order or rule or giving such
direction shall cause notice of the effect of it to be given as soon as may
be in such manner as he thinks necessary for bringing it to the notice of
all persons who in his opinion ought to have notice of it, and such
orders, rule or direction shall have effect as soon as notice as aforesaid
has been given, without publication in the Gazette.
(2) Without prejudice to any special provisions contained in these
regulations, a notice to be served on any person for the purposes of any
of these regulations may be served by leaving it at, or by sending it by
post in a letter addressed to that person at, his last or usual place of
abode or place of business.
86. Any authorized officer may, for the purpose of these
regulations, affix any notice to, or cause any notice to be displayed on,
any premises, vehicle or vessel, and may,' for the purpose of exercising
any power conferred by this regulation, enter any premises at any time;
and where any authorized officer affixes a, notice, or causes a notice to
be displayed, in pursuance of this regulation, no person other than an
authorized officer shall remove, alter, deface or obliterate the notice.
87. (1) When any person is charged with any offence against
these regulations or against any other regulation made under the
Ordinance, any statement, whether such statement amounts to a
confession or not or is oral or in writing, made at any time, whether
before or after such person is charged and whether in the course
of a police investigation or not and whether or not wholly or partly
in answer to questions, by such person to or in the hearing of any
police officer of or above the rank of inspector shall, notwithstanding
anything to the contrary contained in any law applicable to the
Colony, be admissible at his trial in evidence and, if such p 1 person
tenders himself as a witness, any such statement may be used in
cross-examination and for the purpose of impeaching his credit:
Provided that no such statement shall be admissible or used as
aforesaid
(a) if the making of the statement appears to the Court to
have been caused by any inducement, threat or promise
having reference to the charge against such person, pro-
ceeding from a person in authority and sufficient in the
opinion of the Court to give such person grounds which
would appear to him reasonable for supposing that by
making it he would gain any advantage or avoid any evil
of a temporal nature in reference to the proceeding against
him; or 1
(b)in the case of a statement made by such person after his arrest,
unless the Court is satisfied that, before making such
statement, a caution was administered to him in the following
words or words to the like effect: 'It is my duty to warn you
that you are not obliged to say anything or to answer any
question, but anything you say, whether in answer to a
question or not, may be given in evidence at your trial'.
(2) Notwithstanding anything to the contrary contained in any law
applicable to the Colony a person accused of an offence to which
paragraph (1) applies shall not be bound to answer any
questions relating to such case after any such caution as aforesaid has
been administered to him.
(3) This regulation shall apply in relation to any person tried after
the commencement of these regulations whether or not the proceedings
against such person were instituted and whether or not the relevant
statements were made, before such commencement.
88. (1) Notwithstanding any other law-
(a) if it appears to a court that it is or may be expedient so to
do in the interests of justice or public order or security or for the safety
or well being of any witness or for any other reason; or
(b)if a court is satisfied on the information of any person or
otherwise that a witness is apprehensive as to what may
happen to him or to any member of his family or a friend or to
his property or business if he gives evidence in open c court
the court may order that the whole of the proceedings before it in
respect of any offence shall take place in a closed court.
(2) Notwithstanding that proceedings are taking place in a
closed court pursuant to an order under paragraph (1), if the court
is satisfied that a witness is apprehensive as to what may happen to
him or to any member of his family or a friend or to his property
or business in consequence of his giving evidence, the court shall
not permit any question to be put to the witness or any other
witness if the answer thereto would lead, or would tend to lead,
to disclosure of the name or address of such first-mentioned witness,
but the court may require such witness to record his name and
address in writing and deliever the same into the custody of the
court.
89. (1). Any article coming into the possession of an executive
authority (whether in consequence of the seizure of the article under
any of these regulations or otherwise) which the authority has
reasonable grounds for believing to be evidence of the commission of
an offence against these regulations, may be retained for a period of one
month or, if within that period there are commenced proceedings in
respect of such an offence in which the article is, or can properly be,
adduced in evidence, or proceedings under the following provisions of
this regulation in respect of the article, until the final determination of
those proceedings; and any article retained by virtue of this regulation
is hereafter in this regulation referred to as 'a retained article'.
(2) Where proceedings are taken in respect of an offence against
these regulations, being proceedings in which a retained article is, or
can properly be, adduced in evidence, the court or magistrate by or
before which or whom the alleged offender is tried may make an order
(a) authorizing the destruction or disposal of the article; or
(b)authorizing the further retention of the article until such date
as may be specified in the order,
and any such order authorizing the destruction of a document may be
made so as to extend to all copies of that document which at the time of
the making of the order are in, or which subsequently come into, the
possession of an executive authority in any part of the Colony.
(3) Without prejudice to the operation of paragraph (2), a magistrate
upon complaint made in respect of a. retained article by an executive
authority, may, after giving to the person (if any) claiming, or appearing
to the magistrate, to be the owner of the article an opportunity of being
heard, make such an order in respect of the article as is authorized by
such paragraph (2).
(4) A magistrate shall not make an order under this regulation
unless he is satisfied that it is necessary or expedient so to do in the
public interest.
(5) Where an order is made under this regulation authorizing the
further retention of an article, paragraph (1) shall, in relation to that
article, have effect as if the period first mentioned in that paragraph were
a period ending on the date until which the article is authorized by the
order to be retained; and the making by a magistrate of such an order in
respect of any article shall not be taken to preclude him or any other
magistrate or the Supreme Court from subsequently exercising, in
relation to that article, any jurisdiction conferred on such court or
magistrate by paragraph (2) or (3).
(6) Where, in the course of any proceedings for an offence, an order
is made under paragraph (2), the court hearing any appeal in the matter
of those proceedings may vary or annul the order.
(7) Where an order is made under paragraph (3), any person
aggrieved by the order who appeared on the hearing of the application
in relation to which the order is made may appeal against the order to the
Supreme Court, and for the purposes of this paragraph and of the
enactments relating to such an appeal, a refusal to make an order shall be
deemed to be an order.
(8) Where an order is made under this regulation authorizing the
destruction or disposal of an article, the article shall not be destroyed or
disposed of, as the case may be, until the final determination of the
proceeding in which the order is made.
(9) Subject to the preceding provisions of this regulation,
section 49 of the Magistrates Ordinance shall apply to any article
coming into the possession of an excutive authority which the
authority has reasonable ground for believing to be evidence of
the commission of an offence against these regulations as it applies to
property coming into the possession of the police in the circumstances
mentioned in that section, and, in relation to any such article, shall have
effect as if the reference in that section to the police included a reference
to an executive authority (whether a police officer or not).
(10) For the purposes of this regulation, any proceedings shall be
deemed not to have been finally determined so long as there is pending
any appeal in the matter of the proceedings, and an appeal in that matter
shall be deemed to be pending during the ordinary time within which
such an appeal may be lodged, and if such an appeal is duly lodged, the
appeal shall be deemed to be pending until it is decided or withdrawn.
(11) For 1 the purposes of this regulation, any authority, police
officer or other person whatsoever having functions in connexion
with the execution of these regulations shall be deemed to be an
executive authority.
(12) Nothing in this regulation shall be taken to prejudice any right
to retain property which may exist in law apart from the provisions of
this regulation.
90. (1) A competent authority may cause to be served upon the
occupier of any premises a written notice (hereinafter referred to as---
abilleting notice'), requiring the occupier of those premises to furnish
therein, until further notice or during such period as may be specified in
the billeting notice, according as that notice may direct, accommodation
(by way of lodging or food or both, and either with or -without
attendance, according as the notice may direct) for such number of
persons as may be so specified, being either persons in the service of
the Crown or other persons in respect of whom the competent authority
shall have received the direction of the Governor requiring that such
accommodation shall be found for such other persons. Every billeting
notice must, in order to be of any effect for the purposes of this
regulation, define the persons for whom accommodation is required by
the notice.
(2) The lodging or food to be furnished in accordance with a
billeting notice, and the price to be paid in respect of any
accommodation so furnished in any premises shall be such, and shall be
paid to the occupier of the premises by such authority, as may be
determined by order of the Governor.
(3) If the occupier of any premises feels aggrieved by the
.requirements of any billeting notice, he may, within fourteen days from
the beginning of the day on which the notice is served on him, complain
to a magistrate, and thereupon the magistrate, if satisfied that the
furnishing of accommodation in accordance with the notice would
otherwise impose an undue burden upon the occupier, may by order
annul the notice or direct that it shall have effect subject to such
modifications as may be specified in the order.
(4) Any person who contravenes any notice served under this
regulation shall be guilty of an offence.
91. The Governor if it appears to him to be necessary or expedient
so to do in the public interest, may by order direct the closing of all or
any Post Offices, or the suspension of all or any services provided by
the postal administration at all or any Post Offices.
92. (1) The Governor may by order-
(a)if it appears to him to be necessary or expedient so to do in the
public interest, require that the proprietors and managers of
shops or businesses generally, or any class of shops or
businesses, or of any specified shops or businesses, which he
may have reason to believe to have been closed in pursuance
of any organized or general closure of business shall, either
throughout the Colony or any portion thereof, open and carry
on business as usual; and
(b)if it appears to him to be necessary or expedient so to do in the
public interest, require the occupiers of premises of any
specified class or description or of any specified premises
throughout the Colony or any portion thereof, to close and
keep the same closed for such period as may be specified,
together with any gates or other openings leading thereto.
(2) Any person who contravenes any order made under this
regulation shall be guilty of an offence.
93. (1) The Governor may by order make provision for restricting the
use of the telephone service to such persons or classes of persons as he
may think fit or for regulating or imposing conditions on the use of
telephone service, and any such order may further make provision for
the enforcement thereof by authorizing the removal or disconnexion of
telephone lines or apparatus and of the entry on property for that
purpose or otherwise.
(2) Any person who contravenes any order made under paragraph
(1) or any condition imposed by any such order shall be guilty of an
offence.
94. (1) The Commissioner of Police may direct the owner or person
having the control or management of any establishment
(a)to display for such period as may be specified by the
Commissioner of Police, in a conspicuous place on or by the
door of or entrance to such establishment, an 'out of Bounds'
notice of such wording in such language and
in lettering of such size as may be so specified, indicating that
the premises are out of bounds to all or any members of all or
any of Her Majesty's regular forces, or local naval, military or
air force, corps or reserve, and the Police Force; or
(b)to remove and keep removed, for such period as may be
specified by the Commissioner of Police, any notice which may
be displayed on or near the premises of such establishment and
indicating or tending to indicate that the premises are in
bounds to all or any members of all or any of Her Majesty's
regular forces or local naval, military or air force, corps or
reserve, and the Police Force.
(2) Any person who contravenes a direction given under
paragraph (1) shall be guilty of an offence.
(3) In this regulation 'establishment' means any hotel, boarding
house, pension, hostel, hospice, lodging-house, restaurant, cafe, coffee-
house, tea-room, bar, buffet, club, canteen or other similar place where
lodging is supplied or food or drink is prepared for sale or sold for
human consumption.
95. (1) The Governor may by order prohibit, restrict, or regulate the
sale of intoxicating liquor to members of Her Majesty's regular forces, or
any local naval, military or air force, corps or reserve and the Police
Force and, without prejudice to the generality of this power, any such
order may be made as respects
(a)the sale of any description of intoxicating liquor or of
intoxicating liquor generally;
(b)the sale for consumption on premises or for consumption off
premises;
(c)the sale at licensed premises generally or at licensed premises
in any specified area or at any specified licensed premises;
(d)the sale to members of Her Majesty's regular forces or any local
naval, military or air force, corps or reserve, and the Police
Force generally or to any class of members of Her Majesty's
forces and the Police Force; or
(e) the sale in any combination of such circumstances.
(2) Any person who contravenes any order made under this
regulation shall be guilty of an offence.
96 Every person shall, when required so to do by any
member of Her Majesty's regular forces, or any local naval, mili-
tary or air force, corps or reserve, or any police officer acting
in the course of his duty as such, give his correct name and
address and produce such papers, if any, in his possession by Which he can be identified to such member of Her Majesty's
regular forces, or local naval, military or air force, corps or
reserve, or any police officer; and if he shall fail so to do he
shall be guilty of an offence.
97. (1) Any person shall, on being directed by or on behalf of a
competent authority so to do, furnish or produce to such authority or
person as may be specified in the direction, any such information or
article in his possession as may be so specified, being information or an
article which the person giving the directtion considers to be necessary
or expedient in the public interest to obtain or examine, and if any person
contravenes any such direction, he shall be guilty of an offence.
(2) A competent authority,. any person authorized by him in that
behalf, and any person having the custody of an article produced for
examination in accordance with the provision of paragraph (1), may for
the purposes of such examination open any vessel, box, crate, wrapper or
other container in which the article may be:
Provided that, where practicable, a container so opened shall be
closed again after such examination and a mark shall be affixed thereto
denoting that it has been opened for examination.
98. If any person-
(a)under any of the provisions of these regulations, or any order
made thereunder, makes any statement, or furnishes any
information, recklessly or without belief in its truth;
(b)makes such a statement as aforesaid in any account,
declaration, estimate, return or other document which he is
required by any order made under any of these regulations to
make;
(c)in any application for a licence, permit or authorization required
by any of these regulations or any order made thereunder,
makes such a statement or furnishes any such information as
aforesaid, or describes any article or goods incorrectly,
insufficiently or in such a manner as to conceal or disguise the
true nature or purpose thereof; or
(d)in any receipt which he is required by or under any of these
regulations or any order made thereunder to give for money,
makes such a statement as aforesaid,
he shall be guilty of an offence against that regulation.
local
0
0
offence
99. Any person in custody on suspicion of having committed an
offence against these regulations, and any person convicted of an
offence against these regulations, may, without prejudice to any other
powers in that behalf, be photographed, measured, and examined, and
may have his fingers and thumb prints taken,
by any police officer or in the case of the examination of a woman by a
woman under the direction of a police officer. The photographs to be
taken may include a photograph of the full face, a photograph of the true
profile and a full-length photograph. The measurements to be taken may
include height when standing and the size and relative position of every
scar and distinctive mark upon any part of the body. The examination to
be made shall be any examination necessary for the purpose of detecting
any such scar and distinctive mark as aforesaid. The finger and thumb
prints to be taken may be of the external filament of the fingers and
thumbs, or both the fingers and the thumbs, of either or of both hands.
A photograph taken in pursuance of this regulation shall not be
published except for the purpose of tracing the person concerned, or
shown to any person other than a police officer or an officer of the
Government or a member of Her Majesty's regular forces, or local naval,
military or air force, corps or reserve, acting in the course of his duty as
such, or a person authorized to see it by any of the aforesaid persons so
acting.
100. (1) Any authorized officer may enter or board any premises,
place, vehicle, vessel or aircraft at any time, being premises or a place,
vehicle, vessel or aircraft which he may have reason to suspect of being
used, or having recently been used, for any purpose prejudicial to the
public interest or in which he may suspect that there is any article,
goods, document or thing liable to seizure under these regulations, and
may search any such premises, place, vehicle, vessel or aircraft and any
person therein or leaving the same and may seize any article found in the
course of such search which he has reasonable ground for believing to
be evidence of the commission of an offence against these regulations.
(2) No woman shall be searched under this regulation except by a
woman.
100A. Without prejudice to any other provision of these
regulations, such force as may be necessary may be used in the
exercise of any power conferred by or under these regulations by
the person exercising the power or by any authorized officer, or
any public officer, or any member of Her Majesty's forces or of
any local military, naval or air force, corps or reserve, assisting
such person. IS,
100B. (1) Whenever in these regulations it is provided that
force may be used for any purpose, the degree of force which may
be so used shall not be greater than is reasonably necessary for the
purpose.
(2) Any person who uses such force as may be reasonably
necessary for any purpose, in accordance with the provisions of these
regulations, shall not be liable in any criminal or civil proceedings for
having, by the use of such force, caused injury or death to any person
or damage to or loss of any property.
101. (1) The Governor may be order authorize the enrolment
of any number of special constable for the purposes of these
regulations in the manner provided in the Public Order Ordinance,
and the provisions of that Oridinance, with such modification as
may be necessary, shall apply to such enrolment.
(2) Every person enrolled or appointed as a special constable as
from the date of his enrolment or appointment and until such enrolment
or appointment shall be cancelled or determined by the Governor
or some person authorized by the Governor, shall be deemed to have had,
and he shall have, all the powers, privileges, protection and immunities
mentioned or referred to in section 41 of the Public Order Ordinance, but
with the like exception as to pay and pension or other reward; and the
expression 'police officer' in these regulations shall include a special
constable enrolled pursuant to an order made hereunder.
(3) Every such special constable shall while so enrolled or
appointed be subject to the orders of the Governor, the Commisoner
of Police or any police officer of or above the rank of inspector
and any other person authorized by the Governor or the Commissioner
of Police to act in that behalf.
(4) Every such special constable shall from the date of his
enrolment or appointment be deemed to have been subject to publishment,
as mentioned in section 42 of the Public Order Ordinance, for refusal
or neglect, without reasonable excuse, to serve or to obey such lawful
orders and directions as may be given to him for the performance of the
duties of his office.
102. No person who obtains any information by virtue of these
regulations shall, otherwise than in connexion with, the execution of
these regulations or of any order, rule or by-law made thereunder,
disclose that information except with permission granted by the
Governor.
103. (1) Any person claiming to be the holder of any licence or permit
granted or issued for the purposes of any of these regulations shall, on
demand made in that behalf by any police officer or by any authorized
officer, produce the licence or permit, as the case may be, to the person
making the demand.
(2) Any licence or permit granted for the purposes of any
of these regulations may contain such conditions as the authority
or person granting it may think necessary or expedient and such
licence or permit may be revoked by him at any time.
104. There may be charged in respect of the grant, renewal or issue
of any licence, permit or other document for the purposes of any of
these regulations, or any order made under any of these regulations,
such fee as the Governor may by order determine.
105. Where any work is done in the exercise of powers conferred by
any of these regulations, then, if and so far as the work was work which,
apart from the provisions of these regulations, some person was under a
duty to do or might have been required to do but which he had failed
without reasonable excuse to do, the amount of any expenses
reasonably incurred in connexion with the doing of the said work shall
be a debt due from that person to the Crown.
106. (1) Without prejudice to the provisions of the Prisons Ordinance
and any rules made thereunder, the Governor may, if he considers it
necessary or expedient in the public interest, order the employment and
use, anywhere outside the prison, of prisoners in such services as he
may specify in writing.
(2) For the better carrying out of the provisions of paragraph (1),
the Governor may order
(a)that such prisoners be secured either singly or together in
such manner and by such means as may be necessary in order
to prevent their escape from legal custody; and
(b)that such prisoners be employed under the control of prison
officers or such persons as the Governor may specify
(hereinafter called 'specified guards'). Prisoners so employed
shall be deemed to be in the legal custody of such specified
guards, who shall exercise over such prisoners all the powers,
duties, privileges and functions of prison officers including
the use of lethal weapons against any prisoner escaping or
attempting to escape from legal custody:
Provided that resort shall not be had to the use of any such
weapons unless a specified guard has reasonable grounds to believe
that he cannot otherwise prevent the escape.
107. (1) Whenever any order has been made by the Governor
applying this regulation to the Colony or any part thereof any
assembly or meeting of five or more persons in any place in the
Colony or in any part thereof, as the case may be, may be ordered
to disperse by any authorized officer.
(2) Any such authorized officer may use such force as may
be necessary to disperse any such assembly.
108. Any power conferred by any of these regulation to
make any order or regulation shall be construed as including a
power, exercisable in like manner and subject to like conditions,
if any, to revoke or vary the order or regulations.
109. The powers conferred by these regulations shall be in
addition to and not in derogation of any other rights or powers
vested in the Governor, or conferred by law on any authority or
person.
PART VIII.
SPECIAL OFFENCES AND PENALTIES.
110. (1) Any person who, not being a member of Her Majesty's
regular forces or local naval, military or air force, corps or reserve, or of
the Police Force, acting in the course of his duty as such
(a)injures, or does any act calculated to injure or prevent the
proper use or working of, any public building, railway, canal,
bridge, road, tramway, vehicle, telegraphic or telephone line or
wireless apparatus, cable or plant, mine, shop, factory,
waterworks, electrical generating station, or any works or plant
used or adapted for use for the production, supply, storage, or
transport of food, fuel, munitions, water, light, heat, or power;
or
(b)approaches, or is in the neighbourhood of, or enters, any such
place or property as aforesaid with intent to do injury thereto,
shall be guilty of an offence unless he proves that he was acting by
lawful authority or on a lawful occasion.
(2) For the purposes of sub-paragraph (b) of paragraph (1), a
person shall be deemed to have the intent to do injury as described in
the said paragraph if by reason of his being in possession of any
explosive or incendiary article or lethal weapon or dangerous missile, or
otherwise from the circumstances of the case, or his conduct, the Court
is of opinion that his purpose was to do such injury.
111. Any person who
(a)does any act having reasonable cause to believe that it will be
likely to prevent or interfere with the performance of their
duties by members of Her Majesty's regular forces or any local
naval, military or air force, corps or reserve, or of the Police
Force, or the carrying on of their work by persons engaged in
the performance of essential services; or
(b)does, in relation to any person whom he knows to be a member
of Her Majesty's regular forces or any local naval, military or air
force, corps or reserve, or of the Police Force, or to be a person
engaged in the performance of essential services, any act with
intent thereby to render him incapable of efficiently performing
his duties as such or, as the case may be, efficiently carrying
on his work as a person so engaged.
shall be guilty of an offence.
112. (1) Any person who
(a)does any act calculated falsely to suggest that he or any other
person is or is not acting (either generally or in a particular
capacity) in the service, or on behalf, of the Crown, or of a
foreign Government, or as a member of the Police Force or of a
fire brigade, or in the service, or on behalf of, an undertaking
engaged in the performance of essential services;
(b)does, in relation to any property, any act calculated falsely to
suggest that the property does or does not belong to, or is or is
not in the possession or under the control of, the Crown, or has
or has not been classified, selected or appropriated on behalf of
the Crown for any particular purpose;
(c)does any act whereby there are communicated, or likely to be
communicated, to the public or to any section thereof any
directions, instructions or information falsely purporting to be
duly issued or given for purposes connected with the public
interest; or
(d)makes any alarm signal otherwise than for the purpose for
which, or otherwise than in the circumstances in which, the
making of that signal is authorized by or on behalf of the
Governor, or does any act, or makes any statement, having
reasonable cause to believe that the act or statement is likely to
result in such a signal being made otherwise than for that
purpose or otherwise than in those circumstances, or does any
act having reasonable cause to believe that the act is likely to
be mistaken for the making of such a signal; or
(e)does any act, or makes any statement, having reasonable cause
to believe that the act or statement is likely to mislead any
person in the discharge of any lawful functions in connexion
with the public interest,
shall be guilty of an offence.
(2) In this regulation the expression 'alarm signal' means any
signal authorized by or on behalf of the Governor to be used for any
purpose connected with the public interest.
113. Any person who obstructs any member of Her Majesty's
regular forces or any local navel, military or air force, corps or
reserve, or any police officer, acting in the course of his duty as
such, or any person exercising any powers or performing any duties
conferred or imposed on him by these regulations or by any orders,
directions, requirements or notices made thereunder or otherwise
discharging any lawful functions in connextion with the public
interest shall be guilty of an offence.
114. (1) Any person who, without lawful authority or reasonable
excuse, the burden of proof of which shall lie upon him
(a)detains, buys, exchanges or receives, from any member of Her
Majesty's regular forces or local naval, military or air force,
corps or reserve, or of the Police Force, or from any deserter
from any such forces or from any person acting for or on
behalf of any of the persons aforesaid;
(b)solicits or entices any of the said persons to sell, make away
with, or dispose of;
(c)is employed by any of the persons mentioned in subparagraph
(a), knowing him to belong to one or other of such forces or to
be a deserter from any of such forces, to sell, make away with,
or dispose of; or
(d)detains, sells, exchanges, hands over, makes away with,
receives or has in his possession,
any arms, ammunition, explosives, clothing, accoutrements, medals or
other appointments, furnished for the use of any of the said forces or
any chattel being the property of Her Majesty's Government in the
United Kingdom or the Government of Hong Kong or any Department of
either of such Governments, or any chattel which has been in the supply
of, or which has been imported into the Colony, for the use of, the Navy,
Army or Air Force Institutes. shall be guilty of an offence and shall, if
the offence is in respect of arms, ammunition or explosives, on
conviction on indictment be liable to imprisonment for life, and shall, if
the offence is in respect of clothing, accoutrements, medals or other
appointments, on conviction be liable to the penalties prescribed in
regulation 136.
115. Any person who escapes from any custody in which he is
lawfully held shall be guilty of an offence.
116. (1) The Governor may, if he considers it in the public interest so
to do, by order prohibit the manufacture, sale, use, display or
possession of any flag, banner, badge, emblem device, uniform or
distinctive dress.
(2) Any person who contravene's any provision of an order made
under this regulation shall be guilty of an offence.
(3) Any article in respect of which an ofrence has been committed
under this regulation may be seized and destroyed or otherwise dealt
with as the Governor may direct, whether or not the identity of the
offender is known and whether or not any prosecution has been
commenced in respect of the ofrence.
117. Any person who carries or has in his possession or under his
control any offensive weapon or any instrument capable of being used
as a offensive weapon, not being a fire-arm, in circumstances which
raise a reasonable presumption that he has used or intends or is about
to use such weapon or instrument for any unlawful purpose shall be
guilty of an offence and shall be liable on conviction on indictment to
imprisonment for ten years.
118. (1) Any person who consorts with or is found in the company
of another person who without lawful authority is carrying or has in his
possession arms, ammunition or any explosive substance or offensive
weapon in circumstances which raise a reasonable presumption that he
intends to or is about to act with, or has recently acted with, such other
person in a manner prejudicial to the public interest, shall be guilty of an
offence and shall be liable on conviction on indictment to imprisonment
for ten years.
(2) Where, in any prosecution for an on rice under this regulation, it
is established to the satisfaction of the Court that the accused person
was consorting with or in the company of any person carrying or having
possession of any arms, ammunition or explosive substance or
offensive weapon, it shall be presumed, until the contrary is proved, that
such last mentioned person was carrying or in possession of such arms,
ammunition or explosive substance or offensive weapon without lawful
authority.
119. (1) Any person who, knowing or having reasonable cause
to believe that another person without lawful authority is carrying
or has in his possession any arms, ammunition or any explosive
substance or offensive weapon, fails to report the same to a police
officer at the earliest possible opportunity, shall be guilty of an
offence. D 1
(2) Where any person is charged with an offence against paragraph
(1), the burden of proving that there was no opportunity of making a
report to a police officer, or that such a report was, in fact, made at the
earliest possible opportunity, shall lie on the accused.
119A. (1) Any person who
(a)frequents or is found in or on the roof of any premises or
place in which or on the roof of which
(i) any arms or ammunition;
(ii) any offensive weapon;
(iii) any explosive substance;
(iv) any corrosive substance; or
(v) any simulated bomb,
is found; c>
(b)is found leaving any such premises or place or the roof thereof; or
(c)leaves any such premises or place or the roof thereof on or after the
arrival thereat or in the vicinity thereof of an authorized officer,
shall be guilty of an offence.
(2) It shall be a defence in proceedings for an offence against paragraph (1)
for the accused to show
(a)that he did not know and had no reasonable grounds for knowing
that the arms or ammunition or the offensive weapon or the
explosive substance or the corrosive substance, as the case may be,
was in such premises or place or on the roof thereof; or
(b)where arms or ammunition or an explosive substance or a corrosive
substance was found in the premises or place or on the roof thereof,
that the same was intended for use for a lawful object.
(3) For the purposes of this regulation, any premises or place shall be
deemed to be a single premises or place whether or not the whole of the
premises or place is in one building if access can be obtained internally from one
part of such premises or place to another part thereof.
119B. Where the entry of an authorized officer to any premises or place
which such officer is empowered to enter and search by or under these
regulations or any other law is barred or impeded, any person found in or
leaving such premises or place shall be guilty of an offence unless he shows that
he took all practicable steps to facilitate the entry of such officer or that he did
not know that such officer was attempting to enter such premises or place.
119C. Any person who without lawful authority or reasonable
excuse has in his possession, custody or control any corrosive sub-
stance shall be guilty of an offence.
119D. Any person who without lawful authority or reasonable
excuse has in his possession, custody or control any simulated bomb
shall be guilty of an offence.
119E. Where any person is charged with an offence under
regulation 119A or 119D in connexion with a simulated bomb
which is found in any place which is not a public place, it shall be
a defence for such person to show that the object was not intended
for use as a simulated bomb.
120. (1) Any person who consorts with or harbours any other
person whom he knows or has reasonable grounds for believing to be a
person who intends to or is about to act or who has recently acted in a
manner prejudicial to the public interest, shall be guilty of an offence.
(2) For the purposes of this regulation the fact that a person4 is
wearing an unauthorized uniform shall be deemed to constitute reasonable
grounds for believing that he intends to act in a manner prejudicial to the
public interest.
(3) For the purposes of this regulation-
'harbour' includes the supplying a person with shelter, food, drink,
money, clothes, or means of conveyance, or assisting a person in
any way to evade apprehension;
'unauthorized uniform- means any uniform prohibited by order under
regulation 115 hereof or under section 4 of the Public Order Ordinance.
121. Any person who is drunk, or who behaves in a disorderly
manner, while carrying a fire-arm shall be guilty of an offence and shall
be liable to a fine of one thousand dollars and to imprisonment for six
months.
122. (1) The Governor may by order
(a)prohibit, restrict or regulate the buying, selling or otherwise
dealing in arms, ammunition or explosive substances in the
Colony or in any area of the Colony specified in the order;
(b) direct all persons having in their possession or custody in
the area specified in the order any arms, ammunition or
explosive substance to keep the same in places approved
in accordance with the order; and A
(c) cancel or suspend any licence issued under section 3 of
the Arms and Ammunition Ordinance, or any licence to
carry or use any fire-arm issued under that Ordinance or
direct that any such licence shall have effect subject to
such conditions as may be specified in the order.
(2) Any person who contravenes any order made under paragraph
(1) shall be guilty of an ofrence.
123. No person shall manufacture any explosive substance except
under and in accordance with the terms and conditions of a permit
granted by the Commissioner of Police, and if any person manufactures
any explosive substance in contravention of this prohibition, he shall be
guilty of an offence.
124. If in any closed area or protected place or in any area
which at any time after the coming into force of these regulations
has been destroyed or damaged by any means whatsoever or sub-
jected to an attack by the enemy or of which any evacuation has
been or shall be ordered under section 11 of the Public Order
Ordinance, any person-
(a) commits any offence punishable under section (2) or
(3) of section 40 of the Larceny Ordinance;
(b)steals any article from any premises destroyed or damaged or
vacated for the purpose of complying with such an
evacuation order as aforesaid or any article left exposed or
unprotected in consequence of such destruction;
(c) commits any offence against any provision of the Mali-
cious Damage Ordinance, or
(d) endeavours to force a safeguard,
shall be guilty of an offence and shall on conviction on be
liable to imprisonment for life.
125. Any person who, not being a member of Her Majesty's regular
forces or any local naval, military or air force, corps or reserve, or a
police officer, or an authorized officer acting in the course of his duty as
such
(a)interferes with the working or use of any harbour, railway,
tramway, waterway, road, track, power station, transmission
line or any works or plant used or adapted for use for the
production, supply, storage or transport of water or fuel;
(b)damages or interferes with any material or porperty forming
part of, or connected with, any harbour, railway, tramway,
waterway, road, track, power station or transmission line, or
forming part of, or connected with, any works or plant used or
adapted for use for the production, supply, storage or
transport of water or fuel;
(c)damages or interferes with any telegraph or telephone line or
apparatus or any wireless telegraph or telephone installation
or any other means of communication;
(d)damages or interferes with any aircraft, aircraft material,
aerodrome, landing ground or mooring; or
(e)does any act or is guilty of any omission calculated to
obstruct or to endanger the safety of any vessel, aircraft,
vehicle, locomotive of railway train,
shall be guilty of an offence unless he proves that he was acting by
lawful authority or on a lawful occasion.
126. (1) The Governor in Council shall have power by order to
proscribe any organization in the Colony which, in the opinion of the
Governor in Council, is an organization which has among its aims, or is
being used for, the spread of sedition or the promotion of any general
strike, or of disorder of any kind, within the Colony.
(2) Any person who shall do any act in furtherance of the objects
of any such proscribed organization shall be guilty of an offence.
(3) Any person who shall without lawful authority or excuse have
in his possession any badge, ticket or document, or any other thing
whatsoever, which purports to have been, or which appears to have
been, issued by any such proscribed organization, whether before or
after such proscription, or which purports to be, or which appears to be,
or which appears to be intended as, evidence of membership of, or any
authority from, or any association with, any such proscribed
organization shall be guilty of an offence.
(4) Any person who does any act in furtherance of the spread of
sedition or the promotion of a general strike, or of disorder of any kind,
within the Colony shall be guilty of an offence.
(5) It shall be lawful for any police officer to seize anything
whatsoever which may appear to belong to, or to be connected with, or
to be intended to be used for the purpose of, any proscribed
organization, and it shall be lawful for a magistrate, upon such notice (if
any) as he shall think fit, to order any such thing to be forfeited.
Anything so forfeited shall be disposed of in such manner as the
Commissioner of Police may direct.
127. (1) The Comissioner of Police, if satisfied, with respect to any
area in the Colony, that the holding of any meeting or of any class of
meetings in that area would be likely to cause a disturbance of public
rder or interfere with the provision or maintenance of supplies and
services essential to the life of the community, may by order prohibit, for
such period as may be specified in the order, the holding in that area of
any meeting or meetings of that class, as the case may be.
(2) Any police officer or member of Her Majesty's regular forces or
local naval, military or air force, corps or reserve, may take such steps, and
use such force, as may be reasonably necessary for securing compliance With
any order made or direction given under this regulation.
(3) Any person who organizes, conducts, or takes part in any
meeting the holding of which has been prohibited by any order made
under this regulation shall be guilty of an offence.
(4) It shall not be necessary to publish in the Gazette any order made
under this regulation but publication of such order
shall be made by such means as in the opinion of the Commis-
sioner of Police will, in the circumstances prevailing, most effectively give
publicity to such order.
128. (1) No person shall-
(a)trespass on, or on premises in the vicinity of, any premises to
which this regulation applies; or
(b)unlawfully enter or board any vehicle, vessel or aircraft used
or appropriated for any of the purposes of Her Majesty's
service or trespass on any premises in the vicinity of any such
vehicle, vessel or aircraft,
and any person acting in contravention of this regulation or being found
on any vehicle, vessel or aircraft on any occasion on which he had
entered or boarded it in contravention of this regulation shall be guilty of
an offence and, without prejudice to any proceedings which might be
taken against him, he may be searched by any member of Her Majesty's
regular forces or any local naval, military or air force, corps or reserve, or
by an authorized officer, or by any police officer and may be removed by
such member or officer from the premises or from the~ vehicle, vessel or
aircraft, as the case may be.
(2), Any person who shall, for any purpose prejudicia.1 to the
public interest be in, or in the vicinity of, any premises to which this
regulation applies, or any such vehicle, vessel or aircraft as aforesaid,
shall be guilty of an offence; and where, in any, proceedings taken
against a person by virtue of this paragraph it is proved that at the
material time he was present in, or in the vicinity of, the premises,
vehicle, vessel or aircraft concerned, the prosecution may thereupon
adduce such evidence of the character of such person (including
evidence of his having been previously convicted of any offence) as
tends to show that he was so present for any such purpose.
(3) Any person who loiters in the vicinity of any premises to which
this regulation applies, or any such vehicle, vessel or aircraft as
aforesaid, and who continues to loiter in that vicinity after having been
requested by a member of Her Majesty's regular forces or any local
naval, military or air force, corps or reserve, or by an authorized officer,
or a police officer, to leave it, shall be guilty of an offence and may be
searched by any such member.
(4) Nothing in this regulation shall authorize the search of a woman
except by a woman.
(5) The premises to which this regulation applies are premises used
or appropriated
(a) for any of the purposes of Her Majesty's service; or
(b) for the performance of any essential service.
129. (1) No person shall do any act with intent to impair the efficiency
or impede the working or movement of any vessel, aircraft, vehicle,
machinery, apparatus or other thing used or. intended to be used in Her
Majesty's service or in the performance of essential services, or to impair
the usefulness of any works, structure or premises used or intended to
be used as aforesaid:
Provided that a person shall not be guilty of an offence against this
regulation by reason only of his taking part in, or peacefully persuading
any other person to take part in, a strike.
(2) The preceding provisions of this regulation shall apply in
relation to any omission on the part of a person to do anything which he
is under a duty, either to the public or to any person, to do, as they
apply in relation to the doing of any act by a person.
(3) Any person convicted on indictment of an offence against this
regulation shall be liable to a fine of ten thousand dollars and to
imprisonment for ten years.
130. (1) Any person who
(a)endeavours to seduce from his duty any member of Her
Majesty's regular forces or of any local naval, military or air
force, corps or reserve, or any person engaged in the
performance of essential services or to cause amon~ such
persons disaffection likely to lead to breaches of their duty; or
(b)endeavours, whether orally or otherwise, to influence public
opinion (whether in the Colony of elsewhere) in a manner likely
to be prejudicial to the public interest; or
(e)does any act, or has any article in his possession, with a view
to making, or facilitating the making of, any such endeavour,
shall be guilty of an offence.
(2) No prosecution for an offence against this regulation shall be
instituted except with the consent of the Attorney General.
131. Where a person convicted of an ofrence against any of these
regulations is a body corporate, every person who, at the time of the
commission of the ofrence, was a director or officer of the body
corporate shall be deemed to be guilty of that offence unless he proves
that the offence was committed without his knowledge, or that he
exercised all due diligence to prevenfthe commis
sion of the ofrence. D~, \-->-/L~ <~I/GI
132. If, with intent to deceive, any person alters or uses,( or
lends to, or allows to be used by any other person, a licen ce or
permit granted or issued for the purposes of any of these regula-
tions, or makes or has in his possession any document so closely
resembling such a licence or permit as to be calculated to deceive,
he shall be guilty of an offence.
133. A provision w ich constitutes or r~/sults in the constitution of
an offence shall be deemed to include a provision that an attempt to
commit or the doing of any act preparatory to the commission of such
offence shall itself constitute an offence which may be dealt with and
punished in like manner as if the offence had been committed:
Provided that if any offence is punishable with death an attempt
to commit or the doing or any act preparatory to the commission
of such an offence shall not be punishable with any greater punish-
ment than life nt.
hall ?affect the liabilit.'
134. Noth regulations s y. of
any person to trial and punishment for any offence otherwise than
in accordance with these regulations:
Provided that no person shall be punished twice for the ~same act
or omission.
135. For the avoidance of doubt it is hereby declared that, where
possession of any property or thing, or possession thereof in specified
circumstances, is an offence against these regulations. the obtaining of
possession, or the obtaining of possession in those circumstances, of
that property or thing shall also constitute that offence.
'D Y
136. (1) Any person who contravenes or fails to comply with any of
these regulations, or any order or rule made under any of these
regulations or any direction given or requirement imposed under any of
these regulations, shall be guilty of an offence; and, subject to any
special provisions contained in these regulations, a person guilty of an
offence against any of these regulations shall
(a)on summary conviction, be liable to a fine of five thousand
dollars and to imprisonment for two years; or
(b)on conviction on indictment, be liable to a fine of ten thousand
dollars and to imprisonment for five years.
(2) Where any offence against these regulations has 'been
committed, whether any person has been convicted in respect thereof or
not, it shall be lawful for the Court or Magistrate to order to be forfeited
to the Crown any article in respect of which such offence has been
committed and upon the making of any such order of forfeiture the said
article shall become the property of the Crown free from all rights of any
person. Before making
any such order the Court or Magistrate shall give to any person
claiming or appearing to the Court or Magistrate to be the owner of or
otherwise interested in such article an opportunity of being heard:
Provided that it shall be lawful for the Governor in his absolute
discretion to give effect to any claim for relief from such forfeiture where
such claim is established to his satisfaction on equitable, moral or other
grounds.
136A. (1) Section 136, of the District Court Ordinance shall have
effect in relation to the offences to which this paragraph applies as if
there were substituted for the words 'five years- in each place where
they occur the words 'ten years'.
(2) Paragraph (1) shall apply to the following offences-
(a) any offence under these regulations;
(b) any offence under the Explosive Substances Ordinance;
and
(c)an offence under section 28, 29 or 30 of the Offences against
the Person Ordinance.
(3) Paragraph (1) shall have efrect whether the ofrence was
committed before or after the commencement of this regulation and
whether or not, in the case of an offence committed before the
commencement of this regulation, proceedings for such offence had
been instituted before its commencement.
PART IX.
COMMENCEMENT.
137. (1) These regulations shall not come into operation save and
except at the time and in the manner hereinafter mentioned.
(2) The Governor may by order, notification of which shall be given
in the Gazette, declare that these regulations or such part or parts
thereof or such regulations or regulation as he may by such order
specify shall come into operation and upon publication of such
notification in the Gazette the regulations or such part or parts thereof
or such regulations or regulation as may be specified shall come into
operation.
(3) It shall be lawful for the Governor in making any such order as
aforesaid
(a)if the order relates to the whole of these regulations to declare
that any part or parts thereof or any regulation or paragraph
shall not come into operation; and
(b)if the order relates to any part or parts thereof to declare that
any regulation or paragraph included in such part or parts shall
not come into operation; and
(c)if the order relates to any regulation to declare that any
paragraph thereof shall not come into operation.
(4) It shall be lawful for the Governor to order that the whole of
these regulations shall come into force, notwithstanding that, at the time
of the making of any such order, part or parts of these regulations or
particular regulations or parts thereof may have already been brought
into force in pursuance of the powers conferred by this regulation, and,
in any such event, such order shall be operative to bring into force any
part of these regulations not in force at the time that such order is made
save and except any part or parts, regulations or paragraphs which by
such order is declared not to come into operation.
SCHEDULE.
APPOINTMENT OF COMPETENT AUTHORITIES MADE PURSUANT TO THE
PROVISIONS OF REGULATION 3.
Competent For the purpose Instrument of
Authority. of Regulation- Appointment.
Postmaster General. 21. G.N.A. 183150.
Commissioner of Police. 26.G.N.A. 183150.
Director of Marine. 68. G.N.A.61151.
G.N.A. 277/49. G.N.A. 174/50. G.N.A. 222/50. G.N.A. 24/51. G.N.A. 26/52. G.N.A. 103/52. G.N.A. 74/55. G.N.A. 33/56. G.N.A. 11/58. G.N.A. 41/58. L.N. 111/67. L.N. 120/67. L.N. 141/67. L.N. 166/67. Citation. General interpretation. 10 & 11 Geo. 5, c. 80; 26 Geo. 5 & 1 Edw. 8, c. 44; 1 & 2 Geo. 6, c. 33; 10 & 11 Geo. 6, c. 18. In force, G.N.A. 85/50. (Cap. 238.) (Cap. 260.) (Cap. 245.) L.N. 111/67. (Cap. 295, sub. leg.) L.N. 111/67. [cf. 1 Edw. 8 & 1 Geo. 6, c. 12, s. 23.] L.N. 111/67. (Cap. 241.) (Cap. 260.) G.N.A. 74/55. (Cap. 217.) (Cap. 281.) L.N. 141/67. (Cap. 232.) G.N.A. 24/51. (Cap. 1.) Competent authority. In force, G.N.A. 182/50. Authorized officers. In force, G.N.A. 216/52. G.N.A. 174/50. Appointment of censor and censorship. Prohibited matter. Prohibited publications. General power of examination, etc. Examination, etc., of postal packets. Restrictions on dispatch and distribution of certain articles. Censorship on travellers. Examination of consignments. Newspaper permits. Official communications. Publication of certain matters. Power to require submission of matter for censorship before publication. Censorship not to be disclosed. Seizure and detention. Action against printing presses, etc., responsible for contravention. Search, etc. Wireless telegraphy, etc. G.N.A. 174/50. In force, G.N.A. 182/50. (Cap. 106.) G.N.A. 174/50. G.N.A. 74/55. (Cap. 106.) Interference with telegraphic communications. Signalling. Means of secret communications. Posting placards, etc. G.N.A. 174/50. In force, G.N.A. 182/50. Publications may be prohibited. G.N.A. 174/50. In force, G.N.A. 182/50. Dissemination of false reports. In force, L.N. 108/67. Power to prohibit publication of names of witnesses, etc. Arrest and power to detain suspected persons. [Para. (1) in force, L.N. 118/67.] G.N.A. 174/50. G.N.A. 174/50. Arrest of persons suspected of being liable to detention. In force, L.N. 118/67. Power to order detention. In force, L.N. 118/67. Detained person may be ordered to leave the Colony. Inhabitants of certain areas may be ordered to leave the Colony. Declaration of special areas and duties of persons therein. In force, G.N.A. 182/50. Use of lethal weapons in effecting arrests. Transfer of persons in custody. G.N.A. 174/50. In force, G.N.A. 182/50. Restriction orders. In force, G.N.A. 182/50. Special supervision. Power of Governor to order dismissal and storage of salary of public officer. Further detention after arrest or detention under regulation 29. In force, G.N.A. 182/50. (Cap. 232.) Power to search for and seize weapons, etc. L.N. 111/67. In force, L.N. 108/67. General control of navigation. Control of lighthouses, etc. Power to exclude British ships from particular areas. Measures for safety of vessels in the waters of the Colony. Control over visitors to ships. Measure for safety of British ships. Employment in British ships and aircraft. Employment outside the Colony of agents for ships and aircraft. Entry and departure of ships and aircraft. In force, G.N.A. 173/50. Power to detain vessels, aircraft and vehicles and persons on board. G.N.A. 11/58. In force, G.N.A. 12/58. G.N.A. 41/58. In force, G.N.A. 42/58. Prohibition as to supply of fuel, victuals and necessaries, and the repair of ships and aircraft. In force, G.N.A. 173/50. Desertion from ships, etc. (Cap. 281.) (Cap. 281.) 57 & 58 Vict. c. 60. (Cap. 281.) Control of trade by sea. G.N.A. 24/51. G.N.A. 24/51. Control of agreements for use or hire of, or carriage of goods in, ships. Effect of requisition, etc., on agreements for service in ships. Regulation or prohibition of the navigation of aircraft over the Colony. Control of territorial and colonial waters. G.N.A. 174/50. In force, G.N.A. 182/50. Control of roads and travel by vehicle and temporary control of territorial waters and colonial waters. G.N.A. 174/50. In force, G.N.A. 182/50. Control of mechanically propelled vessels or vehicles. Control of fuel, etc., required for mechanically propelled vessels or vehicles. Maintenance of highways. Control of traffic within the harbours and territorial waters of the Colony. Congestion of traffic within the harbours and territorial waters of the Colony and on railways. Handling and conveyance of ammunition, etc., within the harbours and territorial waters of the Colony. Powers to stop and search vehicles including railway vehicles and tramways. G.N.A. 174/50. In force, G.N.A. 182/50. Taking possession of land. Requisition of property other than land. In force, G.N.A. 61/51. G.N.A. 24/51. G.N.A. 24/51. G.N.A. 24/51. G.N.A. 103/52. G.N.A. 103/52. G.N.A. 103/52. G.N.A. 103/52. Power to commandeer property other than land. G.N.A. 174/50. In force, G.N.A. 182/50. Power to do work on land. Use of land by Her Majesty's forces and police. Power to require storing, cooling, etc., services. Power to require water and power services. General control of industry. Controlled undertakings. Control of employment. Entry and inspection of land. Derelict articles. Avoidance of strikes and lock-outs in essential services. Special powers as to ships and aircraft. Power to permit nuisances where necessary. Information as to storage facilities. Application of Compensation (Defence) Regulations. (Cap. 251, First Schedule.) In force, G.N.A. 61/51. G.N.A. 24/51. Inquiries. Publicity of orders. In force, G.N.A. 61/51. Affixing of notices. In force, G.N.A. 61/51. Admission of statements in evidence. L.N. 111/67. Criminal proceedings may be held in camera, and non-disclosure of identity of witnesses in certain cases. L.N. 166/67. In force, L.N. 167/67. Disposal of articles in possession of executive authority. (Cap. 227.) Billeting. Postal services. Orders for the opening or closing of premises. In force, L.N. 108/67. Telephone service. Display of certain notices by certain establishments. Prohibition, etc., of sale of intoxicating liquor. Identification. In force, L.N. 108/67. Power to obtain information. False statements. Identification of persons in custody. In force, G.N.A. 182/50. Powers of entry and search of premises, places, vehicles, vessels or aircraft. In force, G.N.A. 196/51. G.N.A. 174/50. General provision as to use of force in exercise of powers. L.N. 111/67. In force, L.N. 112/67. Degree of force which may be used and indemnity. L.N. 111/67. In force, L.N. 112/67. Special constables. (Cap. 245.) G.N.A. 174/50. Restriction on disclosing information. Production of licences, permits, etc. Fees for licences, etc. Recovery of expenses. Power of Governor to order use of prisoners for certain purposes. G.N.A. 24/51. (Cap. 234.) Powers to disperse assemblies. In force, L.N. 108/67. Revocation and variations of orders, etc. Powers of Governor. Injury to property. In force, G.N.A. 85/50. Interference with Her Majesty's force, etc. Misleading acts and misrepresentation. Obstruction. In force, L.N. 108/67. Unlawful possession of and dealing with arms, etc., belonging to military or police forces. G.N.A. 174/50. Escape from custody. Prohibition of uniforms, emblems, etc. Offensive weapons. In force, G.N.A. 85/50. L.N. 120/67. Consorting with person carrying or having possession of arms, ammunition, explosive substance or offensive weapon. L.N. 111/67. L.N. 120/67. In force, G.N.A. 85/50. Failure to report offence of carrying or possessing arms, ammunition or explosive substance or offensive weapon. L.N. 111/67. In force, G.N.A. 85/50. Persons frequenting or found in premises containing arms, offensive weapons, etc. to be guilty of offence. L.N. 111/67. L.N. 141/67. In force, L.N. 112/67. Persons found in premises to which authorized officer denied access to be guilty of offence. L.N. 111/67. In force, L.N. 112/67. Possession of corrosive substance. L.N. 111/67. In force, L.N. 112/67. Possession of simulated bomb. L.N. 141/67. In force, L.N. 142/67. Defence in respect of charges under regulations 119A and 119D. L.N. 141/67. In force, L.N. 142/67. Consorting with or harbouring persons wearing unauthorized uniforms, etc. In force, G.N.A. 85/50. (Cap. 245.) Carrying a fire-arm while drunk or disorderly. Fire-arms, etc. (Cap. 238.) Prohibition of explosive substances. Certain offences in closed, protected, damaged or evacuated areas to be punishable with life imprisonment. In force, G.N.A. 85/50. (Cap. 245.) (Cap. 210.) (Cap. 211.) Interference with and damage to communications, etc. In force, G.N.A. 85/50. Power of Governor in Council to proscribe organization. In force, G.N.A. 85/50. Meetings. In force, L.N. 108/67. Trespassing and loitering. G.N.A. 174/50. G.N.A. 174/50. Sabotage. In force, L.N. 108/67. Seduction from duty, disaffection and propaganda. Offences by corporations. In force, G.N.A. 85/50. Alteration and improper use of licences and permits. In force, G.N.A. 85/50. Attempt to commit an offence to be deemed an offence. In force, G.N.A. 85/50. Liability for offences. In force, G.N.A. 85/50. Obtaining possession, where possession is an offence. In force, G.N.A. 85/50. General penalties. In force, G.N.A. 85/50. Modification of District Court Ordinance increasing Court's power of sentence for certain offences. L.N. 166/67. In force, L.N. 167/67. (Cap. 5.) (Cap. 206.) (Cap. 212.) Commencement. G.N.A. 174/50.
Abstract
G.N.A. 277/49. G.N.A. 174/50. G.N.A. 222/50. G.N.A. 24/51. G.N.A. 26/52. G.N.A. 103/52. G.N.A. 74/55. G.N.A. 33/56. G.N.A. 11/58. G.N.A. 41/58. L.N. 111/67. L.N. 120/67. L.N. 141/67. L.N. 166/67. Citation. General interpretation. 10 & 11 Geo. 5, c. 80; 26 Geo. 5 & 1 Edw. 8, c. 44; 1 & 2 Geo. 6, c. 33; 10 & 11 Geo. 6, c. 18. In force, G.N.A. 85/50. (Cap. 238.) (Cap. 260.) (Cap. 245.) L.N. 111/67. (Cap. 295, sub. leg.) L.N. 111/67. [cf. 1 Edw. 8 & 1 Geo. 6, c. 12, s. 23.] L.N. 111/67. (Cap. 241.) (Cap. 260.) G.N.A. 74/55. (Cap. 217.) (Cap. 281.) L.N. 141/67. (Cap. 232.) G.N.A. 24/51. (Cap. 1.) Competent authority. In force, G.N.A. 182/50. Authorized officers. In force, G.N.A. 216/52. G.N.A. 174/50. Appointment of censor and censorship. Prohibited matter. Prohibited publications. General power of examination, etc. Examination, etc., of postal packets. Restrictions on dispatch and distribution of certain articles. Censorship on travellers. Examination of consignments. Newspaper permits. Official communications. Publication of certain matters. Power to require submission of matter for censorship before publication. Censorship not to be disclosed. Seizure and detention. Action against printing presses, etc., responsible for contravention. Search, etc. Wireless telegraphy, etc. G.N.A. 174/50. In force, G.N.A. 182/50. (Cap. 106.) G.N.A. 174/50. G.N.A. 74/55. (Cap. 106.) Interference with telegraphic communications. Signalling. Means of secret communications. Posting placards, etc. G.N.A. 174/50. In force, G.N.A. 182/50. Publications may be prohibited. G.N.A. 174/50. In force, G.N.A. 182/50. Dissemination of false reports. In force, L.N. 108/67. Power to prohibit publication of names of witnesses, etc. Arrest and power to detain suspected persons. [Para. (1) in force, L.N. 118/67.] G.N.A. 174/50. G.N.A. 174/50. Arrest of persons suspected of being liable to detention. In force, L.N. 118/67. Power to order detention. In force, L.N. 118/67. Detained person may be ordered to leave the Colony. Inhabitants of certain areas may be ordered to leave the Colony. Declaration of special areas and duties of persons therein. In force, G.N.A. 182/50. Use of lethal weapons in effecting arrests. Transfer of persons in custody. G.N.A. 174/50. In force, G.N.A. 182/50. Restriction orders. In force, G.N.A. 182/50. Special supervision. Power of Governor to order dismissal and storage of salary of public officer. Further detention after arrest or detention under regulation 29. In force, G.N.A. 182/50. (Cap. 232.) Power to search for and seize weapons, etc. L.N. 111/67. In force, L.N. 108/67. General control of navigation. Control of lighthouses, etc. Power to exclude British ships from particular areas. Measures for safety of vessels in the waters of the Colony. Control over visitors to ships. Measure for safety of British ships. Employment in British ships and aircraft. Employment outside the Colony of agents for ships and aircraft. Entry and departure of ships and aircraft. In force, G.N.A. 173/50. Power to detain vessels, aircraft and vehicles and persons on board. G.N.A. 11/58. In force, G.N.A. 12/58. G.N.A. 41/58. In force, G.N.A. 42/58. Prohibition as to supply of fuel, victuals and necessaries, and the repair of ships and aircraft. In force, G.N.A. 173/50. Desertion from ships, etc. (Cap. 281.) (Cap. 281.) 57 & 58 Vict. c. 60. (Cap. 281.) Control of trade by sea. G.N.A. 24/51. G.N.A. 24/51. Control of agreements for use or hire of, or carriage of goods in, ships. Effect of requisition, etc., on agreements for service in ships. Regulation or prohibition of the navigation of aircraft over the Colony. Control of territorial and colonial waters. G.N.A. 174/50. In force, G.N.A. 182/50. Control of roads and travel by vehicle and temporary control of territorial waters and colonial waters. G.N.A. 174/50. In force, G.N.A. 182/50. Control of mechanically propelled vessels or vehicles. Control of fuel, etc., required for mechanically propelled vessels or vehicles. Maintenance of highways. Control of traffic within the harbours and territorial waters of the Colony. Congestion of traffic within the harbours and territorial waters of the Colony and on railways. Handling and conveyance of ammunition, etc., within the harbours and territorial waters of the Colony. Powers to stop and search vehicles including railway vehicles and tramways. G.N.A. 174/50. In force, G.N.A. 182/50. Taking possession of land. Requisition of property other than land. In force, G.N.A. 61/51. G.N.A. 24/51. G.N.A. 24/51. G.N.A. 24/51. G.N.A. 103/52. G.N.A. 103/52. G.N.A. 103/52. G.N.A. 103/52. Power to commandeer property other than land. G.N.A. 174/50. In force, G.N.A. 182/50. Power to do work on land. Use of land by Her Majesty's forces and police. Power to require storing, cooling, etc., services. Power to require water and power services. General control of industry. Controlled undertakings. Control of employment. Entry and inspection of land. Derelict articles. Avoidance of strikes and lock-outs in essential services. Special powers as to ships and aircraft. Power to permit nuisances where necessary. Information as to storage facilities. Application of Compensation (Defence) Regulations. (Cap. 251, First Schedule.) In force, G.N.A. 61/51. G.N.A. 24/51. Inquiries. Publicity of orders. In force, G.N.A. 61/51. Affixing of notices. In force, G.N.A. 61/51. Admission of statements in evidence. L.N. 111/67. Criminal proceedings may be held in camera, and non-disclosure of identity of witnesses in certain cases. L.N. 166/67. In force, L.N. 167/67. Disposal of articles in possession of executive authority. (Cap. 227.) Billeting. Postal services. Orders for the opening or closing of premises. In force, L.N. 108/67. Telephone service. Display of certain notices by certain establishments. Prohibition, etc., of sale of intoxicating liquor. Identification. In force, L.N. 108/67. Power to obtain information. False statements. Identification of persons in custody. In force, G.N.A. 182/50. Powers of entry and search of premises, places, vehicles, vessels or aircraft. In force, G.N.A. 196/51. G.N.A. 174/50. General provision as to use of force in exercise of powers. L.N. 111/67. In force, L.N. 112/67. Degree of force which may be used and indemnity. L.N. 111/67. In force, L.N. 112/67. Special constables. (Cap. 245.) G.N.A. 174/50. Restriction on disclosing information. Production of licences, permits, etc. Fees for licences, etc. Recovery of expenses. Power of Governor to order use of prisoners for certain purposes. G.N.A. 24/51. (Cap. 234.) Powers to disperse assemblies. In force, L.N. 108/67. Revocation and variations of orders, etc. Powers of Governor. Injury to property. In force, G.N.A. 85/50. Interference with Her Majesty's force, etc. Misleading acts and misrepresentation. Obstruction. In force, L.N. 108/67. Unlawful possession of and dealing with arms, etc., belonging to military or police forces. G.N.A. 174/50. Escape from custody. Prohibition of uniforms, emblems, etc. Offensive weapons. In force, G.N.A. 85/50. L.N. 120/67. Consorting with person carrying or having possession of arms, ammunition, explosive substance or offensive weapon. L.N. 111/67. L.N. 120/67. In force, G.N.A. 85/50. Failure to report offence of carrying or possessing arms, ammunition or explosive substance or offensive weapon. L.N. 111/67. In force, G.N.A. 85/50. Persons frequenting or found in premises containing arms, offensive weapons, etc. to be guilty of offence. L.N. 111/67. L.N. 141/67. In force, L.N. 112/67. Persons found in premises to which authorized officer denied access to be guilty of offence. L.N. 111/67. In force, L.N. 112/67. Possession of corrosive substance. L.N. 111/67. In force, L.N. 112/67. Possession of simulated bomb. L.N. 141/67. In force, L.N. 142/67. Defence in respect of charges under regulations 119A and 119D. L.N. 141/67. In force, L.N. 142/67. Consorting with or harbouring persons wearing unauthorized uniforms, etc. In force, G.N.A. 85/50. (Cap. 245.) Carrying a fire-arm while drunk or disorderly. Fire-arms, etc. (Cap. 238.) Prohibition of explosive substances. Certain offences in closed, protected, damaged or evacuated areas to be punishable with life imprisonment. In force, G.N.A. 85/50. (Cap. 245.) (Cap. 210.) (Cap. 211.) Interference with and damage to communications, etc. In force, G.N.A. 85/50. Power of Governor in Council to proscribe organization. In force, G.N.A. 85/50. Meetings. In force, L.N. 108/67. Trespassing and loitering. G.N.A. 174/50. G.N.A. 174/50. Sabotage. In force, L.N. 108/67. Seduction from duty, disaffection and propaganda. Offences by corporations. In force, G.N.A. 85/50. Alteration and improper use of licences and permits. In force, G.N.A. 85/50. Attempt to commit an offence to be deemed an offence. In force, G.N.A. 85/50. Liability for offences. In force, G.N.A. 85/50. Obtaining possession, where possession is an offence. In force, G.N.A. 85/50. General penalties. In force, G.N.A. 85/50. Modification of District Court Ordinance increasing Court's power of sentence for certain offences. L.N. 166/67. In force, L.N. 167/67. (Cap. 5.) (Cap. 206.) (Cap. 212.) Commencement. G.N.A. 174/50.
Identifier
https://oelawhk.lib.hku.hk/items/show/2955
Edition
1964
Volume
v16
Subsequent Cap No.
241
Number of Pages
86
Files
Collection
Historical Laws of Hong Kong Online
Citation
“EMERGENCY (PRINCIPAL) REGULATIONS,” Historical Laws of Hong Kong Online, accessed November 15, 2024, https://oelawhk.lib.hku.hk/items/show/2955.
