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Apprehension and detention of person making default where recognizance is unsatisfied.
Failure of such person to appear at (next session of the Court.
No. 9.] THE ORDINANCES OF HONGKONG. [AD. 13.
101. Every person who is arrested under the provisions of the preceding section shall be committed to prison and be there kept until the next session of the Court, there to abide the decision of the Court, unless in the meantime the forfeited recognizance, or a sum of money in lieu or satisfaction thereof, is paid, together with all costs and expenses in consequence of his arrest and detention: Provided that if any person so arrested and imprisoned gives to the Bailiff good and sufficient bail for his appearance at the next session of the Court, to abide the decision of the Court, and for the payment of the forfeited recognizance or money in lieu or satisfaction thereof, together with such costs as may be awarded by the Court, then it shall be lawful for the Bailiff, and he is hereby required, forthwith to cause such person to be discharged out of custody.
102. If such person fails to appear at the next session of the Court when released in pursuance of his undertaking in that behalf, the Court may order that a writ of execution be issued from the Registrar's Office against the surety or sureties of the person so bound as aforesaid, and such writ shall be delivered to the Bailiff, who shall proceed as therein directed: Provided that the Court may, in its discretion, order the discharge of the whole or any part of the forfeited recognizance or of the sum paid or to be paid in lieu or satisfaction thereof.
Proceedings against person fined by the Court.
Fines, Forfeitures, and Contempts.
103.-(1.) The Bailiff shall, without further warrant or authority, arrest any person upon whom any fine has been imposed by the Court, or by whom any forfeiture has been incurred and who is adjudged to pay the same by the Court, and such person shall thereupon be detained in custody in a prison until the fine or forfeiture imposed on or incurred by him is paid and satisfied, together with all costs and expenses in consequence of such arrest and detention: Provided that no such imprisonment shall exceed twelve months in duration: Provided, also, that the Judge may at any time order the discharge of any such prisoner.
(2.) The return of the Bailiff, or of the Keeper of the Prison, to a writ of habeas corpus of an arrest or detainer under any judgment or order of the Court for non-payment of any fine or forfeiture imposed or incurred as aforesaid shall be deemed sufficient in law, provided there appears in or is attached to such return a certificate by the Registrar setting forth the judgment or order by virtue of which such detainer was made.
(3.) The Court or a Judge shall have power to reduce or remit any fine or forfeiture imposed by the Court, or incurred by any person in respect of the Court, at any time within three months after such fine.