### Control of Obscene and Indecent Articles Ordinance 《淫褻及不雅物品管制條例》

31. Procedure on hearing appeal
In the case of any appeal under section 30—
(a) the Court of First Instance 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 Court of First Instance shall be exercised and performed by the Chief Judge of the High Court or by such one of the judges as the Chief Judge of the High Court shall from time to time appoint; and
(c) the Court of First Instance may make such order as to costs as it may think fit.

(Amended 79 of 1995 s. 50; 25 of 1998 s. 2)

32. Presumptions relating to publication
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, in the absence of evidence to the contrary, to possess an article for publication if he possesses more than 2 copies of it in circumstances that give rise to a reasonable suspicion that he intends to publish it. (Amended 73 of 1995 s. 11)

33. Proof of certain matters
(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.

### Control of Obscene and Indecent Articles Ordinance 《淫褻及不雅物品管制條例》

34. Search and seizure under warrant
(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, 24, 26 or 27A has been or is being or is about to be committed; or (Amended 73 of 1995 s. 12)
(b) anything which is, or contains, evidence of the commission of any such offence,
issue a warrant authorizing any person being a police officer or member of the Customs and Excise Service to enter such premises, place, vessel, aircraft or vehicle, and search for, seize, remove and detain any such article or thing.
(2) An authorized officer may—
(a) if he is a police officer, call on any member of the Customs and Excise Service; or
(b) if he is a member of the Customs and Excise Service, call on any police officer,
to assist him in the exercise of the powers conferred by this section.
(3) An authorized officer or an assisting officer may, at any time of the day or night—
(a) enter and search any premises or place named in the warrant; or
(b) stop, board and search any vessel, aircraft or vehicle named in the warrant.
(4) An authorized officer or an assisting officer may seize, remove and detain—
(a) any article in respect of which he reasonably suspects that an offence under section 21, 24, 26 or 27A has been or is being or is about to be committed; or (Amended L.N. 245 of 1987; 73 of 1995 s. 12)
(b) anything whatever which he reasonably suspects to be, or to contain, evidence of the commission of such an offence.
(5) In this section—
aircraft (飛機) does not include a military aircraft;
vessel (船隻) does not include a ship of war or a ship having the status of a ship of war.

### Control of Obscene and Indecent Articles Ordinance 《淫褻及不雅物品管制條例》

35. Ancillary powers of officers under warrant
An authorized officer or an assisting officer may in relation to his powers under a warrant—
(a) use such force as is reasonably necessary to enter any premises or place which he is empowered to enter and search;
(b) use such force as is reasonably necessary to stop, board, or search any vessel, aircraft or vehicle which he is empowered to stop, board and search;
(c) use such force as is reasonably necessary to remove any person or thing obstructing him in the exercise of those powers;
(d) detain any person found in or on any premises, place, vessel, aircraft or vehicle which he is empowered to enter and search until it has been searched; and
(e) prevent any person from approaching, boarding or leaving any vessel, aircraft or vehicle which he is empowered to enter and search until it has been searched.

36. Seizure by member of Customs and Excise Service
In addition to any power he may have under section 34, any member of the Customs and Excise Service may seize, remove and detain—
(a) any article in respect of which he reasonably suspects that an offence under section 21(1)(c) or 26(c) has been or is being or is about to be committed; and
(b) anything whatever which he reasonably suspects to be, or to contain, evidence of the commission of such an offence.

36A. Seizure by police officer
In addition to any power he may have under section 34, any police officer may seize, remove and detain—
(a) any article in a public place, in respect of which he reasonably suspects that an offence under section 22, 23, 24, 27 or 27A has been committed or is being committed; and
(b) anything whatever in a public place, which he reasonably suspects to be, or to contain, evidence of the commission of such an offence.
(Added 73 of 1995 s. 13)

36B. Seizure by inspector
(1) The public officer appointed by the Secretary for Commerce and Economic Development may authorize in writing any public officer to be an inspector for the purposes of this Ordinance. (Amended 17 of 2011 s. 28)
(2) An inspector may seize, remove and detain—
(a) any article in a public place, in respect of which he reasonably suspects that an offence under section 23, 24, 27 or 27A has been committed or is being committed; and
(b) anything whatever in a public place, which he reasonably suspects to be, or to contain, evidence of the commission of such an offence.
(Added 73 of 1995 s. 13)