Section 38

is making, has made or is about to make;

is exhibiting or communicating or is about to exhibit or communicate; or

has in his or her possession,any film or picture containing a record of any law enforcement activities, and the officer reasonably believes that the film or picture, if exhibited or communicated (whether to the public or any section of the public or otherwise) —

prejudices the effective conduct of an ongoing law enforcement operation or investigation, or any intelligence operation; or

endangers or will endanger the safety of any law enforcement officer in an ongoing law enforcement operation or investigation, or any intelligence operation,the officer may exercise any of the powers specified in subsection (2).

direct the person reasonably believed to be making, exhibiting or communicating a film or picture or about to do so to immediately cease making, exhibiting or communicating the film, and either —

to immediately delete, erase or otherwise destroy the film or picture; or

to surrender the film or picture to the police officer, CPIB officer, narcotics officer, intelligence officer or immigration officer, as the case may be;

without warrant, search any person whom he or she has reason to believe is in possession of a film or picture mentioned in subsection (1);

without warrant, and with such assistance and by such force as is necessary, by night or by day, enter and search any place where he or she has reason to believe any film or picture mentioned in subsection (1) is kept; or

without warrant, and with such assistance and by such force as is necessary, seize any film or picture mentioned in subsection (1) and any copy thereof, and any equipment (including a handphone) used or about to be used in the making, exhibition or communication of the film or picture,and take into custody any person reasonably believed to be in possession thereof.

of being shown as a moving picture; or

of being embodied in another article or thing by the use of which it can be so shown,and includes the aggregate of the sounds embodied in a soundtrack associated with such visual images;

the broadcasting of the film or picture;

the inclusion of the film or picture in a cable programme; and

the making available of a film or picture on a network or otherwise in such a way that the film or picture may be accessed by any person from a place and at a time chosen by the person,and “communicating” and “communication” are to be construed accordingly;

any cinematograph film;

any video recording, or any disc or solid state recording device containing information by the use of which one or more series of visual images may be produced electronically and shown as a moving picture; or

any other material, record or thing on which is recorded or stored for immediate or future retrieval any information that, by the use of any computer or electronic device, is capable of being reproduced or displayed as wholly or partly visual moving pictures,and includes any part of a film, and any copy or part of a copy of the whole or any part of a film;

activities carried on by any police officer, CPIB officer, narcotics officer, intelligence officer or immigration officer in the exercise of any function, power or duty of such an officer in accordance with law;

activities carried on by any police officer, CPIB officer, narcotics officer, intelligence officer or immigration officer for the purpose of dealing with terrorism, civil unrest or public disorder; or

activities carried on by any police officer, CPIB officer, narcotics officer, intelligence officer or immigration officer (as the case may be) in preparation for or directly in support of any activity mentioned in paragraph (a) or (b);

any drawing, whether made by computer graphics or otherwise; and

any photograph, photographic negative, photographic plate or photographic slide,and includes any part of a picture.