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Ord. No. 50/87
PREVENTION OF BRIBERY (AMENDMENT)
(3) The Commissioner may, before granting an applica- tion under subsection (1)—
(a) require that the applicant—
(i) deposit with the Commissioner or such other person as he may direct such reasonable sum of money as the Commissioner may require; or
(ii) enter into a recognizance, with such sureties, if any, as the Commissioner may require; or
(iii) deposit such a sum of money and enter into such a recognizance;
(b) require that the applicant or a surety, or both, deposit with the Commissioner or such other person as he may direct any property or document of title thereto, to be retained by the Commissioner or by such person until such time as any recognizance entered into under this section is no longer required or is forfeited and enforced.
(4) A recognizance referred to in subsection (3) shall be conditioned for the further surrender of the travel document and for the appearance of the applicant at such time and place as may be specified by the Commissioner in the written notice under subsection (2), and at such other time and place thereafter as he may specify.
(5) Where under subsection (2) the Commissioner- (a) grants an application subject to conditions; or (b) refuses an application,
the applicant may, within 14 days of being informed of such conditions or refusal, as the case may be, appeal to a magistrate against the conditions or refusal, but the lodging of any such appeal shall not of itself affect the operation of any such conditions.
(6) Where an application under subsection (1)—
(a) is referred by the Commissioner to a magistrate; or (b) is the subject of an appeal to a magistrate under
subsection (5),
the magistrate may, if after considering the grounds of the application and any evidence which may be adduced in relation thereto by either party, he is satisfied that detention of the travel document will, having regard to all the circum- stances, including the interests of the investigation referred to in section 17A(1), cause unreasonable hardship to the applic- ant, order that the travel document be returned to the applicant, either without conditions or upon such conditions as to the further surrender of the travel document and the appearance of the applicant at such time and place in Hong Kong as may be specified in the order.
(7) The provisions of subsections (3) and (4) shall apply to the making of an order under subsection (6) as they apply to the granting of an application under subsection (1), as if a reference in those provisions--
PREVENTION OF BRIBERY (AMENDMENT)
(Cap. 227.)
Further provisions relating to security, appearance,
etc.
(Cap. 227.)
(Cap. 221.)
11.
:
(a)
Ord. No. 50/87
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(a) to the Commissioner were a reference to a magis-
trate; and
(b) to a written notice under subsection (2) were a
reference to an order under subsection (6).
(8) Where a travel document returned to the applicant under this section is subsequently surrendered by him pursu- ant to a notice under subsection (2) or an order under subsection (6), the provisions of section 17A(6) shall continue to apply in respect of the travel document as if no return had been made to the applicant under this section.
(9) Proceedings before a magistrate under this section— (a) shall be conducted in chambers; and
(b) shall be deemed to be proceedings which a magis- trate has power to determine in a summary way within the meaning of sections 105 and 113(3) of the Magistrates Ordinance and, accordingly, Part VII of that Ordinance (which relates to appeals) shall apply, with the necessary modifications, to appeals against an order of a magistrate under this section.
17C. (1) Where a person fails to comply with the terms of a notice under section 17B(2) or an order under section 17B(6)
(a) he may be arrested and dealt with in the same manner that a person who fails to comply with a notice under section 17A(1) may be arrested and dealt with under section 17A(4) and (5); and
(b) any deposit made or recognizance entered into under section 17B may be forfeited by a magistrate on application by the Commissioner or under sec- tion 65 (which relates to the enforcement of recog- nizances) of the Magistrates Ordinance.
(2) Without prejudice to section 65 of the Magistrates Ordinance, where a magistrate declares or orders the forfei- ture of a recognizance under this section, such declaration or order may, on the application of the Commissioner, be registered in the High Court, and thereupon the provisions of sections 110, 111, 112, 113 and 114 (which relate to the enforcement of recognizances) of the Criminal Procedure Ordinance shall apply to and in relation to that recognizance. (3) Nothing in this section shall derogate from or affect the powers of a magistrate under section 18.".
Section 18 of the principal Ordinance is amended- by inserting after subsection (5) the following---
“(5A) A magistrate may for the purposes of this section require that any property or document of title thereto be deposited with him or with such other person as he may direct by the person offered bail under this section or by any surety, or by both the person offered bail and any surety, to be
Amendment of section 18.