1974 Ed.]
Prevention of Bribery
[CAP. 201
19
date on which it was surrendered and may be detained for a further 3 months if a magistrate, on application by the Commissioner, is satisfied that the investigation could not reasonably have been completed before the date of such application and authorizes such further detention.
(7) In this section, "travel document" means a passport or other document establishing the identity or nationality of a holder. (Added, 56 of 1973, s. 3. Amended, 9 of 1974, s. 10)
18. (1) If, in the course of an investigation of an offence alleged or suspected to have been committed by any person under this Ordinance, it appears to the Commissioner that such person is preparing or about to leave Hong Kong, the Commissioner or any investigating officer may apply to a magistrate for a warrant for the apprehension of such person and his production before a magis- trate; and where, on any such application, it is made to appear to the magistrate upon the oath of any person that there is reasonable cause to believe that the person whose apprehension is sought is preparing or about to leave Hong Kong and that, in all the circums- tances, the investigation could not reasonably have been completed before the date of the application, he may issue a warrant to appre- hend such person and to cause him to be brought before a magistrate as soon after apprehension as is practicable to be dealt with according to subsection (3). (Amended, 9 of 1974, s. 11)
(2) The provisions with reference to the forms of warrants of apprehension, the directions to be contained therein and the execu- tion thereof contained in the Magistrates Ordinance shall apply, mutatis mutandis, to warrants issued under subsection (1).
(3) On the production before a magistrate of any person apprehended pursuant to a warrant issued under subsection (1), the magistrate shall, unless the person apprehended can satisfy the magistrate that he is not preparing or about to leave the Colony and that he has no intention of leaving the Colony, offer to admit him to bail, on his procuring or producing such surety or sureties as, in the opinion of the magistrate, will be sufficient to ensure his appearance on such day and at such time and place as the magistrate decides and, thereafter, on such subsequent day, and at such time and place on that day, as may from time to time on his appearing be decided by a magistrate; and thereupon the magistrate shall take the recognizance of such person and his surety or sureties conditioned for the appearance of such person on such day and at such time and place as that magistrate shall have decided and, thereafter, on such subsequent day, and at such time and place on that day, as may be decided from time to time on his appearing before a magistrate, and that he will then surrender and not depart without leave of a magistrate.
(4) In deciding the day on which a person admitted to bail under subsection (3) is to appear or to appear again, regard shall
Bail from
persons about to leave Hong Kong after commencement
of investigations.
(Cap. 227.)
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