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Bail for persons about to leave Hong Kong after
commencement of investigation
7.
Kong,
The effect of section 18 of the ordinance is
that a suspect, who is preparing or about to leave Hong
may be arrested on a magistrate's warrant and
remanded on bail or in custody by the court without having been charged, for a period not exceeding 28 days. This power of detention could be challenged on grounds of arbitrary detention and intringement of liberty of
movement, contrary to section 8, articles 5 and 8 of the
Deletion of the section is considered
BOR Ordinance.
necessary and section 17C sub-section (3), a supporting
provision, also requires to be deleted. Clauses 4 and 5
provide for the repeal of the section and the sub-section.
oftence to disclose identity, etc, of persons being
investigated
8.
Section 30 of the ordinance makes it an offence
for any person to disclose to any other person the identity of a suspect under ICAC investigation, or any details of
such investigation.
Whilst the need for confidentiality is
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