1967-HKRS29-8-34_Part03 — Page 52

Power of Governor to authorize appointment of special constables.

Power of special constable.

Special constable refusing to obey orders.

Security for

good behaviour from suspected persons, etc.

(BAN, 1173)

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PART VIII.

SPECIAL CONSTABLES.

40. The Governor may at any time by order authorize any magistrate to appoint any person who is willing so to act as a special constable for such period as may be specified in such order by the Governor.

41. (1) A person appointed as a special constable shall, when acting as such, have the same duties, powers, protection and immunities as are imposed or conferred by this Ordinance or any other law on a police officer.

(2) A special constable shall comply with all such orders as may be given to him by the Commissioner of Police,

(3) Nothing in this section shall entitle a special constable to any pay, pension or other reward.

42. Any special constable who, without reasonable excuse, neglects or refuses to obey such orders as may be given to him for the performance of the duties of his office under subsection (2) of section 41 shall be guilty of an offence and shall be liable on summary conviction to a fine of one thousand dollars and to imprisonment for two months.

PART IX.

GENERAL

43. If a magistrate is satisfied that-

(a)

any person is attempting to conceal his presence in Hong Kong with a view to committing an offence;

(b) there is in Hong Kong a person who cannot give a

satisfactory account of himself;

(c) any person has, either orally or in writing, disseminated or attempted to disseminate, or has in any way abetted the dissemination of, any seditious matter, that is to say. any matter the publication of which is punishable under section 4 of the Sedition Ordinance; or

(d) any person has committed, or is about to commit or attempt to commit, any act calculated to interfere with the administration of the law or with the maintenance of law and order,

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the magistrate may, in accordance with section 44, require such person to show cause why he should not be ordered to execute a bond with sureties for his good behaviour for a period not exceed- ing two years.

44. (1) When a person is required to show cause under section 43, the magistrate shall make an order in writing setting forth-

(a) the substance of the information received; (b) the amount of the bond to be executed; (c) the term for which it is in force;

(d) the number, character and class of sureties. if any.

required.

(2) If a person required to show cause under section 43 is present in court, the order shall be read over to him, and, if necessary, the substance of it explained.

(3) If a person required to show cause under section 43 is not in court, the magistrate shall bring him before the court by summons or by warrant as he deems appropriate in the circum- stances of the case.

(4) A summons or warrant issued under subsection (3) shall be accompanied by a copy of the order and such copy shall be delivered by the officer executing the process.

(5) When a person appears or is brought before a court in pursuance of an order as aforesaid, the magistrate shall inquire into the truth of the information as far as is practicable in the manner prescribed for summary trials, except that no charge need be framed.

(6) If the magistrate is satisfied that it is necessary for the maintenance of the peace or of good behaviour, as the case may be, that the person named in the order should execute a bond with or without sureties, he shall make an order accordingly.

(7) If the magistrate is satisfied that it is not necessary to execute a bond, the person named in the order shall be discharged from the inquiry.

(8) A bond executed by a person to keep the peace or be of good behaviour, as the case may be, shall be deemed to be broken by the commission of any offence punishable with imprisonment.

(9) A magistrate may, in his discretion, refuse to accept any person offered as surety for good behaviour.

(10) If any person ordered to give security does not give such security on or before the date of the commencement of such

Order to be made.