1948-HKRS28-8-15_Part03 — Page 31

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(4) If ingress to such place cannot be obtained under sub-section (3) of this section it shall be lawful in any case for a person acting under a warrant and in any case in which a warrant may issue but cannot be obtained without affording the person to be arrested an opportunity of escape from a police officer, to enter such place and search therein and in order to effect an entrance into such place to break open any outer or inner door or window of any place whether that of the person to be arrested or of any other person if, after notification of his authority and purpose and demand of admittance duly made, he cannot otherwise obtain admittance.

(5) Any police officer or other person authorised to make an arrest may break open any place in order to liberate himself or any other person who having lawfully entered for the purpose of making an arrest is detained therein.

(6) Where any person is apprehended by a police officer it shall be lawful for such officer to search for and take possession of any newspaper book or other document or any portion or extract therefrom and any other article or chattel which Inay be found on his person or in or about the place at which he has been apprehended and which the said officer may reasonably suspect of throwing light on the character or activities of such person or his associates : Provided that nothing in this sub-section shall be construed in diminution of the powers of search conferred by any particular warrant.

(7) Whenever it appears to a magistrate upon the oath of any person that there is reasonable cause to suspect that there is in any building vessel (not being a ship of war or a ship having the status of a ship of war) or place any news- paper book or other document, or any portion or extract thereform, or any other article or chattel which may throw light on the character or activities of any person liable to apprehension under this section or on the character or activities of the associates of any such person, such magistrate may by warrant directed to any police officer empower him with such assistants as may be necessary by day or by night--

(a) to enter and if necessary to break into or forcibly enter such building vessel or place and to search for and take possession of any such newspaper book or other document or portion of or extract therefrom or any such other article or chattel which may be found therein, and

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(b) to arrest any person who may appear to have such newspaper book or other document or portion thereof or extract therefrom or other article or chattel in his possession or under his control.

arrested

to be

to custody

50. Every person taken into custody by a police officer Person with or without a warrant, except a person detained for the mere purpose of taking his name and residence, shall be forth- delivered with delivered into the custody of the officer in charge of a of police police station or a police officer authorised in that behalf by the officer is Commissioner.

charge of police Station.

rrastad

Ance or

magistrate.

51. (1) Wenever any person apprehended with or Person without a warrant is brought to the officer in charge of any to ba police station or a police officer authorised in that behalf by the discharged Commissioner, it shall be lawful for such officer to inquire into recogniz the case and unless the offence appears to such officer to be of brought a serious nature or unless such person appears to such officer before a to be a person who ought to be detained, to discharge the person upon his entering into a recognizance, with or without sureties, for a reasonable amount, to appear before a magistrate or to surrender for service of a warrant of arrest and "deten- tion or for discharge at the time and pluce named in the recognizance; but where such person is detained in custody he shall be brought before a magistrate as soon as practicable, unless within forty-eight hours of his apprehension a warrant for his arrest and detention under any law relating to deporta- tion is applied for, in which case he may be detained for a period not exceeding seventy-two hours from the time of such apprehension. Every recognizance so taken shall be of equal obligation on the parties entering into the same and shall be liable to the same proceedings for the estreating thereof as if the same bad been taken before a magistrate.

(2) The respective names residences and occupations

of the person so apprehended and of his surety or sureties, if any, entering into such recognizance, together with the con- dition thereof and the sums respectively acknowledged, shall be entered in a book to be kept for that purpose which shall be laid before the magistrate before whom the person apprehended is to appear or in the case of a person bound by recognizance to surrender for service of a warrant of arrest and detention or for discharge, before any magistrate; and if such person does not appear or has not appeared when called upon at the time and place mentioned in the recognizance, the magistrate