6
(c) by inserting after subsection (5) the following—
Amendment of section 17A.
9.
Addition of
new sections 17B and 17C.
"(5A) Nothing in subsection (4) or (5) shall prevent the court from making a further restraining order in respect of the same property on application ex parte by or on behalf of the Commissioner.”.
Section 17A of the principal Ordinance is amended-
(a) in subsection (1) by inserting after "application” the following
(b) in subsection (6)—
"ex parte";
(i) by deleting "A" and substituting the following-
"Subject to section 17B, a";
(ii) by deleting the full stop at the end and substituting a colon; and
(iii) by inserting, after the colon, the following-
"Provided that a magistrate shall not hear an application under this subsection unless reasonable notice of the applica- tion has been given by the Commissioner to the person who surrendered the document.";
(c) by inserting after subsection (6A) the following-
"(6B) A notice under subsection (1) which has been served in accordance with subsection (2) and complied with shall not thereafter be revoked or withdrawn."; and
(d) in subsection (7) by inserting after "this section" the following--
"and in section 17B".
10. The principal Ordinance is amended by adding after section 17A the following new sections--
"Return of travel documents.
17B. (1) A person who has surrendered a travel docu- ment under section 17A may at any time make written application to the Commissioner for its return, and every such application shall contain a statement of the grounds on which it is made.
(2) The Commissioner may-
(a) grant the application either without conditions or subject to such conditions as to the further surrender of the travel document and the ap- pearance of the applicant at any time and place in Hong Kong as may be specified by the Commis- sioner in a written notice served personally on the applicant;
(b) refer the application to a magistrate; or (c) refuse the application.
|
7
(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—