Page:Control of Obscene and Indecent Articles Ordinance 1987 (Cap. 390).pdf/14

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A46
Ord. No. 9/87
CONTROL OF OBSCENE AND INDECENT ARTICLES

(2) Where notice of appeal is given under subsection (1) the Registrar shall fix a date for the hearing of the appeal which shall not be later than 28 days after the giving of that notice; but if, in the opinion of the Registrar, it is not practicable for him to fix a date within that period he may fix a date not later than 56 days after the giving of that notice.

Procedure on hearing appeal. 31. In the case of any appeal under section 30—

(a) the High Court may confirm the decision of the Tribunal or may order it to re-hear or re-open the proceedings to be determined in accordance with the point of law decided by it;
(b) the powers and duties of a High Court shall be exercised and performed by the Chief Justice or by such one of the judges as the Chief Justice shall from time to time appoint; and
(c) the High Court may make such order as to costs as it may think fit.

PART VII
Enforcement

Presumptions relating to publication. 32. For the purposes of this Ordinance, a person shall—

(a) be deemed to possess an article for publication if he possesses it with the intention of manufacturing or reproducing a copy of it for publication; and
(b) be presumed, until the contrary is proved, to possess an article for publication if he possesses more than 2 copies of it.

Proof of certain matters. 33. (1) A document purporting to be under the hand of the Registrar certifying that—

(a) an article was at any time classified as a Class I, a Class II or a Class III article;
(b) notice in accordance with section 19(2) was given in the manner and on the date specified in that document in respect of that article,

shall be admissible on its production and without further proof in any proceedings and such document shall be conclusive evidence of the facts contained in it unless it is proved that the document was not signed by the Registrar.

(2) A document purporting to be under the hand of a presiding magistrate stating a decision or determination of a Tribunal shall be admissible on its production and without further proof in any proceedings and such document shall be conclusive evidence of the facts contained in it unless it is proved that the document was not signed by a presiding magistrate.

Search and seizure under warrant. 34. (1) A magistrate may, if he is satisfied by information on oath that there is reasonable ground for suspecting that there is in or on any premises, place, vessel, aircraft or vehicle—

(a) any article in respect of which an offence under section 21 or 26 has been or is being or is about to be committed; or
(b) anything which is, or contains, evidence of the commission of any such offence,