26
CAP. 245]
Public Order
[1981 Ed.
PART IX
GENERAL
Security for
good behaviour from suspected persons, etc.
(Cap. 200.)
Order to be made.
43. If a magistrate is satisfied that-
(a) any person is attempting to conceal his presence in Hong
Kong with a view to committing an offence;
(b) there is in Hong Kong a person who cannot give a
satisfactory account of himself;
(c) any person has, either orally or in writing, disseminated or attempted to disseminate, or has in any way abetted the dissemination of, any seditious matter, that is to say, any matter the publication of which is punishable under sec- tion 10 of the Crimes Ordinance; or
(d) any person has committed, or is about to commit or attempt to commit, any act calculated to interfere with the administration of the law or with the maintenance of law and order,
the magistrate may, in accordance with section 44, require such person to show cause why he should not be ordered to execute a bond with sureties for his good behaviour for a period not exceeding 2 years.
44. (1) When a person is required to show cause under section 43, the magistrate shall set forth in writing the order proposed to be made (hereinafter in subsections (2), (4), (6) and (7) referred to as the proposed order) in which shall be stated-
(a) the substance of the information received;
(b) the amount of the bond to be executed;
(c) the date of commencement and expiry of bond;
(d) the number, character and class of sureties, if any,
required. (Replaced, 31 of 1970, s. 26)
(2) If a person required to show cause under section 43 is present in court, the proposed order shall be read over to him, and, if necessary, the substance of it explained. (Amended, 31 of 1970, s. 26)
(3) If a person required to show cause under section 43 is not in court, the magistrate shall bring him before the court by summons or by warrant as he deems appropriate in the circumstances of the
case.
(4) A summons or warrant issued under subsection (3) shall be accompanied by a copy of the proposed order and such copy shall be delivered by the officer executing the process. (Amended, 31 of 1970, s. 26)