1987 Ed.]
Prevention of Bribery
[CAP. 201
29
(5) If any person offered bail under this section refuses to enter into the recognizance required or makes default in finding any surety or sureties as may be required, the magistrate shall, by warrant, commit him to prison there to be safely kept-
(a) until he enters into such recognizance or finds such surety or sureties, as the case may be; or
(b) until the expiry of the period of 28 days from the date of his committal to prison as aforesaid; or
(c) until a magistrate, by order in that behalf, orders and directs the Commissioner of Correctional Services to discharge such person from prison (which order shall be sufficient warrant for the Commissioner of Correctional Services so to do), (Amended, L.N.30(82))
whichever occurs first.
(5A) A magistrate may for the purposes of this section require that any property or document of title thereto be deposited with him or with such other person as he may direct by the person offered bail under this section or by any surety, or by both the person offered bail and any surety, to be retained by the magistrate or other person with whom it is deposited until such time as the recognizances under this section are no longer required or are forfeited and enforced. (Added, 50 of 1987, s. 11)
(6) Without prejudice to subsection (6A), the provisions of section 62 (power to reduce or vary security), section 63 (recognizance taken out of court), section 64 (mode of giving security and enforcement thereof) and section 65 (enforcing recognizance for appearance) of the Magistrates Ordinance shall apply, mutatis mutandis, to recognizances under this section. (Amended, 50 of 1987, s. 11)
(Cap. 227)
(6A) Where pursuant to this section a magistrate declares or orders the forfeiture of a recognizance, such declaration or order may, on the application of the Commissioner, be registered in the High Court, and thereupon sections 110, 111, 112, 113 and 114 (which relate to the enforcement of recognizances) of the Criminal Procedure Ordinance shall apply to and in relation to that recognizance. (Added, 50 of 1987, s. 11)
(Cap. 221)
(7) Proceedings before a magistrate under this section shall be deemed to be a proceeding which a magistrate has power to determine in a summary way within the meaning of sections 105 and 113(3) of the Magistrates Ordinance, and, accordingly, the provisions of Part VII of that Ordinance (which relate to appeals) shall apply, mutatis mutandis, to appeals against an order or determination of a magistrate under this section.
(8) All proceedings before a magistrate under this section shall be conducted in chambers.
(Cap. 227)
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