EMERGENCY REGULATIONS ORDINANCE - minor amendment

EMERGENCY REGULATIONS ORDINANCE - minor amendment

CHAPTER 241

EMERGENCY REGULATIONS

1. The Emergency (Deportation and Detention) Regulations are
amended-

(1)in regulation 9 by repealing 'Secretary for Chinese Afflairs'
wherever it appears and substituting in each case 'Secretary for
Home Affairs';

(2) in regulation 11 by repealing paragraph (3).

2. The Emergency (Principal) Regulations are amended in the
following manner---

Regulation

2 In the definition of 'seditious intention', by repealing 'the
Sedition Ordinance' and '(Cap. 217.)' and substitu-
ting 'sections 9 and 10 of the Crimes Ordinance' and
'(Cap. 200.)' respectively.
3 Discontinued by L.N. 83/69.
4 Discontinued by L.N. 83/69.
21 Discontinued by L.N. 43/69.
25 Repealed by L.N. 39/70.
26 Discontinued by L.N. 43/69.
27 Discontinued by L.N. 9/69.
29(1) Discontinued by L.N. 83/69.
30 Discontinued by L.N. 83/69.
31 Discontinued by L.N. 83/69.

32(1) In the proviso, by repealing 'British subject' and sub-
stituting 'Commonwealth citizen'.
33(4) In the proviso, by repealing 'British subject' and sub-
stituting 'Commonwealth citizen'.
34 Discontinued by L.N. 43/69.
36 Discontinued by L.N. 43/69.
37 Discontinued by L.N. 42/70.
40 Discontinued by L.N. 83/69.
41 Discontinued by L.N. 9/69.
50 Repealed by L.N. 45/69.
51 Repealed by L.N. 45/69.





Regulation
52 Discontinued by L.N. 43/69.
58 Discontinued by L.N. 43/69.
59 Discontinued by L.N. 43/69.
66 Discontinued by L.N. 83/69.
68 Discontinued by L.N. 43/69.
69 Discontinued by L.N. 43/69.

80(2)(a) Amended by repealing 'British subject' and substituting
'Commonwealth citizen'.
83 Discontinued by L.N. 43/69.
85 Discontinued by L.N. 83/69.
86 Discontinued by L.N. 43/69.
88 Repealed by L.N. 102/68.
89(9) Amended by repealing 'section 49 of the Magistrates
Ordinance' and '(Cap. 227)' and substituting 'section
102 of the Criminal Procedure Ordinance' and '(Cap.
221.)' respectively.
92 Discontinued by L.N. 42/68.
96 Repealed by L.N. 39/70.
99 Discontinued by L.N. 43/69.
100 Discontinued by L.N. 43/69.
100A Discontinued by L.N. 83/69.
100B Discontinued by L.N. 83/69.
101 Repealed by L.N. 102/68.
107 Repealed by L.N. 43/68.
110 Discontinued by L.N. 83/69.
113 Repealed by L.N. 39/70.
117 Discontinued by L.N. 43/69.
118 Discontinued by L.N. 43/69.
119 Discontinued by L.N. 43/69.
119A Discontinued by L.N. 42/68.
Amended by adding after paragraph (3)-
(4) If any person is charged with an offence
under this regulation 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.





Regulation

119B Discontinued by L.N. 42/68.
119C Discontinued by L.N. 43/69.
119D Repealed by L.N. 45/69.
119E Repealed by L.N. 45/69.
120 Discontinued by L.N. 43/69.
120(3)Amended by substituting 'regulation 1W' for 'regulation
115'.
122(1)(c)Amended by repealing '3 of the Arms and Ammunition
Ordinance, or any licence to carry or use any firearm
issued under that Ordinance' and substituting-

27 of the Firearms and Ammunition Ordinance or
any exemption granted under section 4 thereof

124 Discontinued by L.N. 43/69.

Amended-

(a)by repealing 'subsection (2) or (3) of section 40 of the
Larceny Ordinance' and substituting 'section 10 of
the Theft Ordinance';

(b)by repealing 'the Malicious Damage Ordinance' and
substituting 'Part VIII of the Crimes Ordinance';

(c)by repealing 'Indictmen' and substituting 'indict-
ment'.

125 Discontinued by L.N. 43/69.
126 Discontinued by L.N. 43/69.
127 Repealed by L.N. 43/68.

Amended by adding after regulation 126-

127. (1) Any person who utters an inflamma-
tory speech shall be guilty of an offence and shall
be liable-

(a)on conviction on indictment, to a fine of
$50,000 and to imprisonment for 10 years;
and

(b)on summary conviction, to a fine of $10,000
and to imprisonment for 3 years.

(2) The owner, occupier and person in charge of
any building, or any part of any building, which is
used for the uttering of any inflammatory speech shall
be guilty of an offence and shall be liable-





(a)on conviction on indictment, to a fine of
$50,000 and to imprisonment for 10 years;
and
(b)on summary conviction, to a fine of $10,000
and to imprisonment for 3 years.
(3) It shall be a defence in any proceedings for
an offence under paragraph (2) if the accused shows
to the satisfaction of the court that he had taken all
reasonable care to prevent the commission of the
offence.
127A. (1) Any person who---
(a)posts up any inflammatory poster in, on or
against any building, vehicle, tramcar, train,
vessel. sign, post or other thing whatsoever
or in or on any place whatsoever;
(b)sticks or fixes any inflammatory poster in,
on, to or against any building, vehicle,
tramcar, train, vessel, sign, post or other
thing whatsoever or in or on any place
whatsoever;
(c)places any inflammatory poster in, on or
against any building, vehicle, tramcar, train,
vessel, post or other thing whatsoever or in
or on any place whatsoever;
(d) displays or exhibits an inflammatory poster,
shall be guilty of an offence and shall be liable on
conviction to a fine of $5,000 and to imprisonment for
2 years.
(2) Any person who paints, daubs, draws,
writes or otherwise inscribes in, on or against any
building, vehicle, tramcar, train, vessel, sign, post or
other thing whatsoever or in or on any place
whatsoever any inflammatory matter shall be guilty of
an offence and shall be liable on conviction to a fine
of $5,000 and to imprisonment for 2 years.
(3) Any person who has in his possession,
custody or control any inflammatory poster shall be
guilty of an offence and shall be liable on conviction
to a fine of $5,000 and to imprisonment for 2 years.
(4) The owner, occupier and person in charge of
any building or place or any part of any building or
place, and the owner of any vehicle, tramcar or vessel,
in, on, to or against which any inflammatory poster is
to his knowledge posted up, stuck, fixed, placed,
exhibited or displayed or in or on which any inflam-
matory matter is to his knowledge painted, daubed,





drawn, written or otherwise inscribed shall be guilty
of an offence and shall be liable on conviction to a
fine of $5,000 and to imprisonment for 2 years unless
he shows to the satisfaction of the magistrate that he
removed or obliterated the inflammatory poster or
inflammatory matter as soon as practicable. or that he
took all practicable steps to prevent the same from
being posted up, stuck, fixed, placed, exhibited,
displayed, painted, daubed, drawn, written or other-
wise inscribed in, on, to or against the building or
place or the part of a building or place or the vehicle,
tramcar or vessel, as the case may be.

127B. For the purposes of regulations 127,
127A and 127C-

'building' includes the whole or any part of any
domestic or public building, arch, bridge, chim-
ney, dock, factory, garage, hangar, hoarding,
office, pier, shelter, shop, wall, warehouse, wharf,
workshop or other structure whatsoever;

'inflammatory matter' means any matter which-

(a)is or contains an incitement to violence or
counsels or encourage disobedience to the
law or is likely to lead to a breach of the
peace whether or not a breach of the peace
actually occurs;

(b)is calculated to promote feelings of ill-will
and hostility between different races or
sections of the population of Hong Kong;

(c)is calculated to cause disaffection amongst
the members of the police force or public
service; or

(d)is calculated to cause disaffection against the
administration of justice in Hong Kong or
disputes the lawful authority of the courts in
Hong Kong;

'inflammatory poster' means any poster or any
photograph or reproduction of any photograph,
whether or not accompanied by any written or
printed matter, or any banner or similar device,
which is or contains inflammatory matter in any
form, shape or manner whatsoever;

'inflammatory speech' means any speech, address,
slogan or words being or containing inflam-
matory matter;





'place' means any place whatsoever, whether or not
the public has access thereto as of right;

'poster' means any broadsheet, handbill, leaflet,
pamphlet, poster or similar thing or the whole or
any part of any written or printed matter being
used as a broadsheet, handbill, leaflet, pamphlet
or poster;

'utter' means make, deliver or broadcast, whether
directly or by means of any mechanical,
electronic or electrical machinery, equipment or
device, including any megaphone, loudspeaker or
loud hailer, and also means publish by means of
any record, tape, wire or perforated roll, so as in
either case to be capable of being heard by the
public;

'vehicle' has the meaning that it has for the purposes
of the Road Traffic Ordinance and also means a
bicycle, cart, truck or barrow.

127C. (1) For the purpose of preventing the
dissemination of any inflammatory matter, any police
officer of or above the rank of inspector, with the
assistance of such other police officers as may be
necessary, may-

(a)enter and search any building or place if he
knows or has reason to suspect that the
building or place or any part thereof is being
or has been used for the uttering of any
inflammatory speech;

(b)stop, board and search any vessel or stop
and search any vehicle if he knows or has
reason to suspect that the same is being or
has been used for the uttering of any
inflammatory speech;

(c)seize, remove and detain any thing
whatsoever if he knows or has reason to
suspect that the same is being or has been
used for or in connexion with the uttering of
any inflammatory speech; and

(d)seize, remove and detain any thing which
appears to him to be or to contain or to be
likely to be, or to contain, evidence of an
offence under regulation 127.

(2) Any police officer of or above the rank of
assistant superintendent may, with the assistance of
such other police officers or other persons as may be
necessary, take such steps or do such things or cause





such steps to be taken or such things to be done as he
considers necessary to ensure that any thing which is
being or has been or may be used for or in connexion
with the uttering of any inflammatory speech is not
capable of being used for the time being.

(3) Any person who interferes with any step
taken or thing done under paragraph (2) or restores
any thing so that it is capable of being used shall be
guilty of an offence and shall be liable on conviction
to a fine of $5,000 and to imprisonment for 2 years.

(4) For the purpose of preventing the
dissemination of any inflammatory poster, any police
officer of or above the rank of inspector, with the
assistance of such other police officers as may be
necessary, may-

(a)enter and search any building or place if he
knows or has reason to suspect that there is
or may be in the building or place or any
part thereof any inflammatory poster;

(b)stop, board and search any vessel or stop
and search any vehicle if he knows or has
reason to suspect that there is therein any
inflammatory poster;

(c)seize, remove and detain or destroy anything
which is or appears to him to be an
inflammatory poster; and

(d)seize, remove and detain any thing which
appears to him to be or to contain, or to be
likely to be or to contain, evidence of an
offence under regulation 127 or 127A.

(5) Any police officer of or above the rank of
inspector, with the assistance of such other police
officers or persons as may be necessary, may remove
or obliterate from any building, vehicle, tramcar,
train, vessel, sign, post or other thing whatsoever or
from any place-

(a)any inflammatory poster posted up, stuck,
fixed, placed, exhibited or displayed in, on,
to or against the same; or

(b)any inflammatory matter printed, daubed,
drawn, written or otherwise inscribed in, on
or against the same,

and for that purpose may enter and search any
building or place or stop and board any vehicle,
tramcar or vessel.





(6) Any police officer may-

(a)break open any outer or inner door of any
building or place which he is empowered by
this regulation to enter and search;

(b)remove by force any person or thing
obstructing any detention, search, seizure,
or obliteration or removal which he is
empowered by this regulation to make;

(c)detain any person found in any building, or
place which he is empowered by this
regulation to search until the same has been
searched;

(d)detain any vessel or vehicle which he is
empowered by this regulation to search until
the same has been searched;

(e)detain any vessel or vehicle until an
inflammatory poster has been removed or
obliterated therefrom; and

remove any person from any vehicle or
vessel while any inflammatory poster is
removed or obliterated.

Regulation

129 Discontinued by L.N. 9/69.

131 Discontinued by L.N. 83/69.
132 Discontinued by L.N. 43/69.
133 Discontinued by L.N. 43/69.
134 Discontinued by L.N. 43/69.
135 Discontinued by L.N. 43/69.
136 DiscontiPued by L.N. 52/70.

136A Discontinued by L.N. 42/68.

Amended-

(a)by repealing 'Section 36' and '(Cap. 5.)' and
substituting 'Section 82' and '(Cap. 336.)'
respectively;

(b)by repealing 'the Explosive Substances Ordinance'
and '(Cap. 206.)' and substituting 'Part VII
(Explosive Substances) of the Crimes Ordinance' and
'(Cap. 200.)' respectively.

Rectified by the Attorney General under the Revised Edition of the Laws
Ordinance 1965.





137 Amended by adding after paragraph (4)-

(5) The Governor may by order, notification of
which shall be given in the Gazette, discontinue the
operation of any regulation which is in operation. An
order under this paragraph shall not prejudice the
power of the Governor to make a further order under
paragraph (2) in relation to any such regulation.

(6) Section 23 of the Interpretation and General
Clauses Ordinance shall have the same effect in
relation to any regulation the operation of which is
discontinued by virtue of an order made under
paragraph (5) as if that regulation had been repealed.

3. The Emergency (Requisition) Regulations are amended in the
Schedule-

(1)by repealing 'District Commissioner, New Territories' and
substituting 'Secretary for Lands and Works';

(2)by repealing 'Director of Trade, Industry and Custorns' and
substituting 'Commissioner of Customs and Excise';

(3) by adding at the end-

Director of Marine 4 (in so far as that regulation provides for
the requisition of any launch, lighter, boat or
other small craft, and any ship or vessel).
Secretary for Lands and 4, 5 and 7
Works

4. The Appointment of Places of Detention (Consolidation)
Notice is amended in the Schedule by adding after item 4-

5. Lai Chi Kok Reception Centre.
L.N. 22 of 1969 L.N. 67 of 1985 L.N. 262 of 1989 55 of 1983 s. 2. 80 of 1982 s. 3 80 of 1982 s. 3. 80 of 1982 s. 3. L.N. 44 of 1969 L.N. 176 of 1970 68 of 1981 s. 56 68 of 1981 s. 56 (Cap. 238) 48 of 1972 s. 4. L.N. 72 of 1971 L.N. 16 of 1969 Inflammatory speeches L.N. 16 of 1969 Inflammatory posters L.N. 16 of 1969 Definitions for purposes of regulations 127, 127A and 127C L.N. 16 of 1969 (Cap. 374) Powers in relation to inflammatory speeches and posters. L.N. 16 of 1969 L.N. 39 of 1968 (Cap. 1) L.N. 94 of 1974 L.N. 370 of 1981 L.N. 76 of 1982 40 of 1985 s. 10 L.N. 30 of 1975 L.N. 99 of 1976 L.N. 76 of 1982 L.N. 284 of 1977

L.N. 22 of 1969 L.N. 67 of 1985 L.N. 262 of 1989 55 of 1983 s. 2. 80 of 1982 s. 3 80 of 1982 s. 3. 80 of 1982 s. 3. L.N. 44 of 1969 L.N. 176 of 1970 68 of 1981 s. 56 68 of 1981 s. 56 (Cap. 238) 48 of 1972 s. 4. L.N. 72 of 1971 L.N. 16 of 1969 Inflammatory speeches L.N. 16 of 1969 Inflammatory posters L.N. 16 of 1969 Definitions for purposes of regulations 127, 127A and 127C L.N. 16 of 1969 (Cap. 374) Powers in relation to inflammatory speeches and posters. L.N. 16 of 1969 L.N. 39 of 1968 (Cap. 1) L.N. 94 of 1974 L.N. 370 of 1981 L.N. 76 of 1982 40 of 1985 s. 10 L.N. 30 of 1975 L.N. 99 of 1976 L.N. 76 of 1982 L.N. 284 of 1977

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