A260
Ord. No. 60/77
Application for return of travel document.
DANGEROUS DRUGS (AMENDMENT)
(7) Upon the surrender of a travel document under this section, the Commissioner of Police or the Commis- sioner of the Preventive Service, as the case may be, shall issue a receipt identifying the travel document.
(8) A travel document which is surrendered to the Commissioner of Police or the Commissioner of the Pre- ventive Service under this section may be detained for 3 months from the date on which it was surrendered and may be detained for not more than two further periods of 3 months if a magistrate, on application by the Commis- sioner of Police or the Commissioner of the Preventive Service, is satisfied that the investigation could not reason- ably have been completed before the date of such applica- tion and authorizes such further detention.
(9) All proceedings before a magistrate under this sec- tion shall be conducted in chambers.
(10) In this section-
"Commissioner of Police" includes a deputy or assistant
commissioner of police;
"Commissioner of the Preventive Service" includes a deputy or assistant commissioner of the Preventive Service; "specified offence" means any offence punishable under any section of this Ordinance, on conviction on indictment, with imprisonment for a term of 15 years or any greater punishment, and aiding, abetting, counselling or procur- ing the commission by another of any such offence; "travel document" means a passport or other document issued for the purpose of travel which establishes the identity or nationality of the holder.
53B. (1) A person who has surrendered his travel document in accordance with section 53A may at any time make written application to the Commissioner of Police or the Commissioner of Preventive Service, as the case may be, for its return and every such application shall contain a statement of the grounds on which it is made.
(2) Before determining an application under subsection (1), the Commissioner of Police or the Commissioner of the Preventive Service may require that any matter of fact relied on in the application shall be substantiated by statutory declaration.
(3) Any person aggrieved by the refusal of an applica- tion under subsection (1) may, within 14 days of being informed of such refusal, appeal to a magistrate against that refusal and the magistrate may, upon considering the grounds of the application and any evidence which may be adduced in relation thereto by or on behalf of either party, order that the travel document be returned.
(4) The decision of a magistrate in relation to an appeal under this section shall be final.".
Passed by the Hong Kong Legislative Council this 27th day of July,
1977.
L. TSE,
Clerk to the Legislative Council.