r
Repeal and
replacement of
veonion 46.
Addison at
DEW McClo STA #od #7E.
2
(4) The magistrate may order any person who wilfully fails to comply with an order under subsection (3) to be imprisoned for 6 months.
(3) A recognizance entered into pursuant to subsection (3) shali cease to have effect-
(a) where the person who has entered into the recognizance
has been detained under section 32(2)
(6) where the person who has entered into the recognizance has a removal order or deportation order made against bim;
(c) where it is decided that a removal order will not be made
in respect of him;
(d) upon the expiration of 6 months from the date on which the recognizance was entered into or upon the expiration of the period for which the recognizance has been extended under subsection (6),
whichever is the earlier.
(6) A magistrate may, on application by the Director prior to the expiration of a recognizance entered into pursuant to subsection () extend the recognizance for such period not exceeding & mouths as the magistrate thinks Gt".
4.
[
Section 46 of the princips) Ordinance is repealed and replaced by the following-
***. of home for
offences,
mar
46. (1) Subject to subsection (2) a complaint may be made or an information laid in respect of an offence under this Ordinance punishable only on summary conviction within 2 years from the time when the malter of such complaint or information respectively arose,
(2) A complaint may be made or an information laid in respect of an offence under section 380X8) or section 41 within 3 years from the time when the matter of such complaint or information respectively arose.".
5. The principal Ordinance is amended by adding after section 57 the following new section
"Powers of
TEST by Eter Majesty'a
forcem
STA. (1) Without prejudice to this Ordinance or any other law, any member of Her Majesty's forces acting in the course of his duty and for the purposes of this Ordin- ance may arrest Boy person whom he reasonably suspects to be a person who-
(2) by virtue of section 7 may not land in Hong Kong without the permission of an immigration afficer and who lands or attempts to land without such permission; or
(8) having landed in Hong Kong unlawfully, remains ic Hong Kong without the authority of the Director,
and may use such force as may be ressonably necessary for the purpose.
Pexte
accent by, and obstruction ol. Her Maleny" Lorce.
3
(2) Any person arrested under subsection (1) shall be delivered into the custody of a police officer or an immigra- tion officer as soon as practicable.
STB. (1) Any person being a person liable to arrest under subsection (1) of section 57A who resists arrest by a member of Her Majesty's forces under that subsection shall be guilty of an offence and shall be liable on conviction to a fine of $1,000 and to imprisonment for 6 months.
(2) Any person who obstructs any member of Her Majesty's forces acting in the course of his duty and for the purposes of this Ordinance shall be guilty of an offence and shall be liable on conviction to a "fine" of $1,000 and to imprisonment for 6 months.".
Jeculoa 60.
Section 65 of the principal Ordinance is amended by deleting Amendment of "section 36(1) may be recovered in the District Court na a debt due to the Crown" and substituting the following
"section 36(1) or (3) shall be recovered in the District Court as a debt doo to the Crown, notwithstanding that the amount is in excess of $20,000".
7.
Where a person has, before the commencement of this Ordinance, Serina. committed an offence under section 38(1)(b) or section 41 of the principal Ordinance and, but for this Ordinance, would not be liable to be prose» cuted for that offence by reason of section 46 of the principal Ordinance repealed by section 4 of this Ordinance, he shall, notwithstanding this Ordinance, not be liable to be prosecuted for that offence.
Passed by the Hong Kong Legislative Council this 7th day of July, 1976.
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.
জি
Clerk to the Legislative Council.
No comments yet.
Private notes are available after approval.