1960-HKRS29-8-27_Part03 — Page 43

Commandant

To have

powers of magistrale for certain

purposes.

Power to

stop persoM for inquiry.

Power to

arrest person without warrant fo certuin cases.

(Cap. 232).

Procedure in lieu of taking

certain

arrested persads to polico

sintion, etc.

'Third Schedule.

6

16. In all matters in which by the provisions of this Ordinance jurisdiction is given to the Commandant to inflict punishments, the powers of a magistrale may be exercised by the Commandant so far að is necessary to enable him to exercise such jurisdiction.

PART III.

Powers of members of Force.

17. Any member of the Force may stop for the purpose of inquiry any person whom he may reasonably suspect of being guilty of any scheduled offence or of an offence under section 23, 25 or 29.

18. (1) Any member of the Force may arrest without warrant any person whom he may reasonably suspect of being guilty of any scheduled offence or of an offence under section 23. 25 or 29.

(2) If any person forcibly resists the endeavour of any member of the Force to arrest him or attempts to evade the arrest, such member may use all means necessary to effect the arrest.

(3) If any member of the Force who is in pursuit of any person to be arrested has reason to believe that such person has entered into or is in any place, the person residing in or in charge of such place shall on demand of such member allow him free ingress thereto and afford all reasonable facilities for search therein for such person.

(4) Save as provided in section 19, any person who is arrested by any member of the Force shall forthwith be taken to the nearest police station or given into the custody of a police officer, whereupon the provisions of section 47 of the Police Force Ordinance or of sections 46 and 47 of that Ordinance, as the case may be, shall apply.

19. (1) (a) Where he is satisfied as to the identity, name and place of residence (if any) of such person, any member of the Force who has arrested any person under the provisions of subsection (1) of section 18 in respect of a scheduled offence may, in lieu of proceeding in the manner provided by sub- section (4) of that section, serve on such person a notice in the form prescribed in the Third Schedule specifying the offence in respect of which he has been arrested and requiring him to attend at the place, and on the day and at the time, specified in the notice for the purpose of being dealt with in the manner provided in subsections (2), (3) and (4).

(b) Whenever any member of the Force serves such a notice o0 any person, such member shall, at the same time, prepare 3 duplicate copy of such notice, which shall be produced to the court if the court so requires.

(c) For the purpose of satisfying himself as to the identity of any person whom he has arrested, any member of the Force may require the person to furnish him with such evidence thereof as he may consider necessary.

(2) When any person attends at the place specified in such a notice fin accordance with such notice, the case shall be inquired into by a police officer appointed in that behalf by the Commissioner of Police or hall be inquired into by the Commandant or by a member of the Force anthorized in that behalf by the Commandant, who shall, if he considers El appropriate, charge such person with the offence or offences specified

in such notice or with such other scheduled offence or offences as he considers proper or with both the offence or offences specified in such notice and such other scheduled offence or offences as he considers proper.

(3) If such officer or the Commandant or such member of the Force does not consider it appropriate to charge such person with any such offence, he shall notify such person accordingly and shall discharge him forthwith.

(4) A person who has been charged pursuant to the provisions of subsection (2) shall thereupon be released and shall appear before the appropriate magistrate's court ou the same day.

(5) (a) If a person upon whom a notice has been served under the provisions of subsection (1) fails to attend at the place, and on the day and at the time, specified therein and if a person who has been charged and relcased in accordance with the provisions of subsection (4) fails to attend before the ap- propriate court, the court may, on application by any police officer or by or on behalf of the Commandant and on oath being made before it substantiating the matter of the applica- tion to its satisfaction, issue a warrant for the arrest of such person.

(8) Any such warrant-

() shall be in the form prescribed in the Fourth Schedule Fourth and shall be under the hand and seal of the magistrate by Schedule. whom it was issued;

(ii) may be directed to any member of the Force by name or generally to all members of the Force,

(iii) shall state the ground upon which it was issued; and (iv) shall name or otherwise describe the person in respect of whom it was issued.

(c) Any such warrant shall remain in force until it is executed. (d) Any such warrant may be executed by arresting the person in respect of whom it was issued at any place within the Colony,