1973-HKRS28-16-21_Part04 — Page 31

Amendment of section 31.

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by him under this Ordinance to surrender to the Director any travel document in his possession.

(2) A notice under subsection (1) shall be served personally on the person to whom it is addressed.

(3) A person on whom a notice under subsection (1) is served shall comply with such notice forthwith.

(4) If a person on whom a notice under sub- section (1) has been served fails to comply with the notice forthwith, he may, thereupon be arrested and taken before a magistrate,

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(5) Where a person is taken before a magistrate under subsection (4), the magistrate shall, unless such person thereupon complies with the notice under sub- section (1) or satisfies the magistrate that he does not possess a travel document, by warrant commit him to prison there to be safely kept-

(a) until the expiry of the period of twenty-eight days from the date of his committal to prison as aforesaid; or

(b) until such person complies with the notice under subsection (1) and a magistrate, by order in that behalf. orders and directs the Commissioner of Prisons to discharge such person from prison (which order shall be sufficient warrant for the Commissioner of Prisons so to do).

whichever occurs first.

(6) A travel document which is surrendered to the Director under this section may be detained for six months from the date on which it was surrendered and may be detained for a further three months if a magistrate, on application by the Director, is satisfied that the investigation could not reasonably have been completed before the date of such application and authorizes such further detention.

(7) In this section, "travel document" means a passport or other document establishing the identity or nationality of a holder.".

4. Section 31 of the principal Ordinance is amended-

(a) in subsection (2), by deleting "(other than an offence

under section 10)"; and

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(b) by inserting the following new subsection after subsection

(3)-

5.

"(4) Neither section 7 of the Legal Officers Ordinance nor section 43 of the Interpretation and General Clauses Ordinance shall apply to or in respect of the giving by the Altomey General of his consent to the institution of a prosecution for an offence against section 10.".

Section 32 of the principal Ordinance is amended by deleting "10 or" in subsections (1) and (2).

6. The amendments made by sections 2, 4 and 5 of this Ordinance shall take effect in relation to offences committed before, as well as after, the commencement of this Ordinance.

Passed by the Hong Kong Legislative Council this 1st day of August, 1973.

Leave

Clerk to the Legislative Council.

This printed impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the said bill.

Clerk to the Legislative Council.

Amendment of section 12.

Transitional.