1962-HKRS29-8-29_Part02 — Page 12

4.

Section 19 of the principal Ordinance is repealed and replaced of section 19. by the following-

Repeat and replacement

"Procedure for dealing with arrested persons, etc.

Third Schedale.

19. (1) Any person (hereinafter referred to as an arrested person) who is arrested under subsection (1) of section 18 by a member of the Force shall forthwith be taken to the nearest police station or to the nearest ForcS duty room or given into the custody of a police officer.

(2) (a) As soon as practicable after an arrested person is brought to a Force duty room, the case shall be inquired into by a member of the Force authorized in that behalf by the Commandant, who stall, unless he decides to proceed in the manner pro- vided by subsection (3), charge much person with such scheduled offence or offences as he considers proper or, if he does not consider it appropriate to charge such person with any scheduled offence, discharge him forthwith.

(b) An arrested person who has been charged under paragraph (a) with a scheduled offence shall there- upon be served with a notice in the form prescribed in the Third Schedule requiring him to appear before the magistrate's court specified therein on the date and at the time so specified and shall then be released,

(c) A notice served upon an arrested person under paragraph (5) shall also specify the offence or offences with which he has been charged and shall be signed by the member of the Force who in quired into the case.

(d) A copy of every notice served upon an arrested person under paragraph (b) shall be prepared at the time and shall be signed by the member of the Force who signed the notice and produced to the court if it so requires.

(3) The member of the Force who inquires into the case of an arrested person may, in lieu of proceeding in accordance with subsection (2), direct that such person shall be taken forthwith to the nearest police station.

(4) (a) If an arrested person fails to appear before the court in accordance with the notice served upon him under paragraph (6) of subsection (2), the court may, on application by a police officer or by or on behalf of the Commandant and on oath

Fourth Schedule.

((Cap. 132).

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being made before it substantiating the matter of the application to its satisfaction, issue a warrant for the arrest of such person.

(b) Any such warrant-

(1) shall be in the form prescribed in the Fourth Schedule and shall be under the band and seal of the magistrate by whom it was issued:

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

(iii) shall name or otherwise describe the person in respect of whom it was issued.

(e) 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, and, where the war- rant is directed to all members of the Force, any member thereof may execute the same in like manner as if it were directed to him by name, (e) No such warrant shall be avoided by the death of the magistrate who issued the same or by his ceasing to be a magistrate for any other reason.

( The person arrested on any such warrant shall be taken forthwith to the nearest police station.

(g) Subsections (2) and (3) of section 18 shall apply to the person to be arrested under any such warrant as they apply to a person to be arrested under subsection (1) of that section.

(5) When a person who has been arrested on a war- rant issued under subsection (4) is brought before the court, the court may, at the conclusion of the proceedings in respect of the offence or offences with which he was charged, call upon such person to show cause why he should not be punished in respect of his failure to appear before the court in accordance with the notice served upon him under paragraph (b) of subsection (2) and, if he fails to show any reasonable cause to the satisfaction of the court, such person shall be liable to a fine of five bundred dollars and to imprisonment for two months.

(6) Whenever an arrested person or a person arrested ou a warrant issued under subsection (4) is brought to a police station, the provisions of section 47 of the Police