1970-HKRS28-8-37_Part06 — Page 31

Further powers of search and seizure.

Bail from

persons about

to leave Hong

Kong after

CommEneC" ment of

investigations.

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(2) Any person who-

(a) when requested under paragraph (a) of subsection (1) to render assistance, without reasonable excuse neglects or fails to render such assistance; or

(b) obstructs or resists any police officer or Crown servant in the exercise of the powers of entry and search con- ferred by paragraph (5) of subsection (1),

shall be guilty of an offence and shall be liable on conviction to a fine of twenty thousand dollars and to imprisonment for one year.

17. (1) If it appears to the Attorney General, or to the Director, that there is reasonable cause to believe that in any place other than an office, registry or other room of or used by a public body there is any document or thing containing any cvidence of the commission of an offence under this Ordinance, the Attorney General or the Director may, by warrant directed to any police officer, empower such police officer to enter such place, by force if necessary, and there to search for, seize and detain any such document or thing.

(2) Without prejudice to any other law relating to entry and search, the chambers of counsel or the office of a solicitor are not subject to entry and search under this section or any warrant issued under this section except in the course of investigating an offence under this Ordinance alleged or suspected to have been committed by that counsel or that solicitor, as the case may be, or by his clerk or any servant employed by him in such chambers or office.

(3) Any person who obstructs or resists the Director or any police officer in the exercise of the powers of entry and search under this section shall be guilty of an offence and shall be liable on conviction to a fine of twenty thousand dollars and to imprison- ment for one year.

18. (1) If, in the course of an investigation of an offence alleged or suspected to have been committed by any person under this Ordinance, it appears to the Director that such person is preparing or about to leave Hong Kong, the Director, or any gazetted police officer or Crown servant authorized in that behalf by the Director, may apply to a magistrate for a warrant for the apprehension of such person and his production before a magis- trate; and where, on any such application, it is made to appear to the magistrate upon the oath of any person that there is reasonable cause to believe that the person whose apprehension is sought is preparing or about to leave Hong Kong and that,

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in all the circumstances, the investigation could not reasonably have been completed before the date of the application, he may issue a warrant to apprehend such person and to cause him to be brought before a magistrate as soon after apprehension as is practicable to be dealt with according to subsection (3)

(2) The provisions with reference to the forms of warrants of apprehension, the directions to be contained therein and the execution thereof contained in the Magistrates Ordinance shall apply, mutatis mutundis, to warrants issued under subsection (1).

(3) On the production before a magistrate of any person apprehended pursuant to a warrant issued under subsection (1). the magistrate shall, unless the person apprehended can satisfy the magistrate that he is not preparing or about to leave the Colony and that he has no intention of leaving the Colony, offer to admit him to bail, on his procuring or producing such surety or sureties as, in the opinion of the magistrate, will be sufficient to ensure his appearance on stich day and at such time and place as the magistrate decides and, thereafter, on such subsequent day, and at such time and place on that day, as may from time to time on his appearing be decided by a magistrate; and thereupon the magistrate shall take the recognizance of such person and his surety or sureties conditioned for the appearance of such person on such day and at such time and place as that magistrate shall have decided and, thereafter, on such subsequent day, and at such lime and place on that day, as may be decided from time to time on his appearing before a magistrate, and that he will then surrender and not depart without leave of a magistrate.

(4) In deciding the day on which a person admitted to bail under subsection (3) is to appear or to appear again, regard shall be had by the magistrate to the time reasonably necessary for completion of the investigation of the offence alleged or suspected to have been committed by such person and to any special hard- ship to such person likely to result from his being on bail, bat the person shall not be required to appear or to appear again on a day later than twenty-eight days from the date of his apprehension pursuant to the warrant issued under subsection (1) unless the magistrate is of the opinion that, having regard to the gravity of the offence alleged or suspected to have been committed by such person, it is expedient to fix a later date. (5) If any person offered bail under this section refuses to enter into the recognizance required or makes default in finding any surely 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

(Cap. 277.J