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Power to search for, seize and destroy obscene objects

Cap. 98, s. 21 · Revised Edition 2020

(1) On proof upon oath before a magistrate or a Justice of the Peace that there is reasonable cause to suspect that any of the obscene matters or things mentioned in section 20 of this Act are kept in any house, shop, room or other place, within the limits of his jurisdiction for any of the purposes mentioned in that section, the magistrate or other justice of the peace may authorise, by warrant under his hand, any police officer to enter in the daytime, by force, if necessary, that house, shop, room or other place, and to search for, seize, and take before a magistrate any of the obscene matters or things found in the house, shop, room or other place. (2) Upon any matters or things seized under a warrant being brought before him, a magistrate shall, if satisfied that they or any of them are or is obscene, issue a summons requiring the occupier of the house, shop, room or other place to appear before him to show cause why those matters or things should not be destroyed. (3) If the occupier or some other person claiming to be the owner of the matters or things does not appear before the magistrate or, though appearing, fails to satisfy the magistrate that the matters or things were not being kept for any of the purposes aforesaid, the magistrate shall order the matters or things to be destroyed forthwith, however the magistrate may stay the execution of the order in respect of any of the matters and things aforesaid he may consider should be preserved for use in further proceedings or, on application being made in that behalf by any interested party, he may stay the execution pending an appeal. 41 (4) If the magistrate is satisfied that any matters or things seized under a warrant are not obscene or were not being kept for any of the purposes afore- said, he shall direct that they be returned forthwith to the house, shop, room or other place in which they were seized. against per- sons
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