Section 40.
43 It seems to us that if this power were widely exercis-
ed there would be a real danger in Hong Kong of impersonation of
special constables for the purposes of crime. Would it not be
desirable to minimize the risk so far as possible by providing
that the appointment of a special constable should be in writing
save where the exigencies of the occasion demand otherwise, and
then only until an appointment in writing can conveniently be made?
Section 41
44
We note that special constables are to have the same
duties, powers, protection and immunities as a police officer,
but are they to have the same liabilities, as (for example) under
the Prevention of Corruption Ordinance ?
Section 43
45 In order to avoid unnecessary argument would it not
be wise, if amendments are being made, to change "with a view to"
in paragraph (a) to "with the view of"? (see per Bowen, L.J. in
Ex parte Hill (1883) 23 Ch.D. 695,704).
Section 44
46 This is a badly drafted provision which has caused
great confusion in the past. The magistrate is required to make
an order in writing and one would expect this to be an order that
the person appear and show cause were it not that in the order
must be stated the term for which "it is in force". It is a nice
point whether grammatically "it" refers to the order or to the
bond but whichever it is sub-sections (1) and (4) seems to presup-
pose that an order for the execution of a bond has been made. Sub-
section (2) likewise refers to "the order", which might mean
either the order to appear and show cause (which seems unlikely to
have been intended) or to "the order which it is proposed to make"
..
17.