26
CAP. 201]
Prevention of Bribery
[1987 Ed.
(b) refer the application to a magistrate; or
(c) refuse the application.
(3) The Commissioner may, before granting an application 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 circumstances, including the interests of the investigation referred to in section 17A(1), cause unreasonable hardship to the applicant, 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.