Application ter return
of wavel
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(5) If a person on whom a notice under subsection (1) has been served fails to comply with the notice forthwith, be masy thereupon be arrested and taken before a magistrate.
(6) Where a person is taken before a magistrate under subsection (3), the magistrate shall, unless such person there- upon complies with the notice under subsection (1) or satisfies the magistrate that he does not possess a travel document, by warrant commit him to prison there to be safely kept-
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(a) until the expiry of the period of 28 days from the
date of his committal to prison un aforesaid; or (b) votil such person complies with the notice under subsection (1) and a msgistrate, by order in that behalf, order and directs the Commissioner of Prisons to discharge such person from prison (which order shall be sufficient warrant for the Commis- sioner of Prisons » to do),
whichever occurs first.
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(7) Upon the surrender of a travel document under this section, the Commissioner of Police or the Commis sioner of the Preventive Service, as the case may be, shall issue a receipt identifying the travel documeat.
(8) A Lavel document which is surrendered to the Commissioner of Police or the Commissioner of the Pre- ventive Service under this section may be detained for 3 months from the date on which it was surrendered and may be detained for not more than two further periods of 3 months if a magistrate, on application by the Commis sioner of Police or the Commissioner of the Preventive Service, it satisfied that the investigation could not reason- ably have been completed before the date of such applica- tion and authorizes such further detention.
(9) All proceedings before a magistrate under this sec- tion shall be conducted in chambers.
(10) In this section-
"Commissioner of Police" includes a deputy or assistant
commissioner of police;
"Commissioner of the Preventive Service" includes a deputy Or assistant commissioner of the Preventive Scrvice;" "specified offence" means any offence punishable under any section of this Ordinance, on conviction on indictment, with imprisonment for a term of 15 years or any greater punishment, and aiding, abetting, counselling or procur- ing the commission by another of any such offence; "travel document" means a passport or other document insued for the purpose of travel which establishes the identity or nationality of the holder.
538. (1) A person who has surrendered his travel document in accordance with section 53A may at any time make written application to the Commissioner of Police or the Commissioner of Preventive Service, as the case may be, for its return and every such application shall contain a statement of the grounds on which it is made.
1977.
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(2) Before determining an application under subsection (1) the Commissioner of Police or the Commissioner of the Preventive Service may require that any matter of fact relied on in the application shall be substantiated by statutory declaration.
(3) Any person aggrieved by the refusal of an applica- Gon under subsection (1) may, within 14 days of being informed of such refusal, appeal to a magistrate against that refusal and the magistrate may, upon considering the grounds of the application and any evidence which may be Adduced in relation thereto by or on behalf of either party, order that the travel document be returned,
(4) The decision of a magistrate in relation to an appeal under this section shall be final”.
Passert by the Hong Kong Legislativa Council This 27th day of July.
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 tru Ad correctly printed copy of the said bill,
Clerk to the Legislative Council,
No comments yet.
Private notes are available after approval.