Hong Kong Ordinances

CONTROL OF OBSCENE AND INDECENT ARTICLES ORDINANCE - SECT 42

Obliteration of indecent matter

(1) Subject to subsection (2) and section 43, if, upon the application of any
public officer, a magistrate is satisfied that any indecent matter is publicly
displayed on any building or other structure he may order the owner of the
building or structure to remove or efface that indecent matter.

(2) An order shall not be made under subsection (1) if the ground of defence
under section 28 is proved in respect of the public display of any matter.

(3) If a person against whom an order is made under subsection (1) fails to
comply with the order within the time specified in the order, or if no time is
specified, within a reasonable time, the magistrate may by warrant empower any
police officer, with such assistance as may be necessary, to enter and if
necessary to break into or forcibly enter such premises or place and execute
that order.

(4) A police officer in executing an order under subsection (3) shall have all
the powers of a police officer acting in the execution of a warrant under
section 34.

(5) The Commissioner of Police may apply to a magistrate for an order that a
person who has failed to comply with an order made against him under
subsection (1) shall pay any expenses reasonably incurred by a police officer
in the execution of the order under subsection (3) and the magistrate may make
an order for such payment under section 69 of the Magistrates Ordinance (
Cap 227) notwithstanding that it may exceed the amount mentioned in that
section. (Enacted 1987)