CO129-531-2 Police Force Amendment Ordinance- 1931 1-10-1931 - 4-12-1931 — Page 6

HONG KONG.

No. 23 OF 1931.

I assent.

W. PEEL,

L.S.

Governor.

2nd October, 1931.

An Ordinance to amend the Police Force

Ordinance, 1900.

[2nd October, 1931.]

Be it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council there- of, as follows :-

1. This Ordinance may be cited as the Police Force Short title. Amendment Ordinance, 1931.

2. Section 26 of the Police Force Ordinance as amended Substituțion by the Police Force Amendment Ordinance, 1929, is of new repealed and the following new section is substituted section for therefor :-

Arrest

detention and bail of suspected persons and

seizure of suspected documents.

4 & 5 Geo. 5, c. 58, s. 22.

section 26 of Ordinance No. 11 of

26.—(1) It shall be lawful for any officer of 1900. police to apprehend any person who may be Ordinance charged with, or whom he may reasonably No. 18 of suspect of being guilty of, any offence without 1929. any warrant for that purpose, and whether he has seen such offence committed or not, and also any person whom he may reasonably suspect of being liable to deportation from the Colony.

(2) Whenever any person so apprehended without a warrant is brought to the officer in charge of any police station, it shall be lawful for such officer to inquire into the case and, unless the offence appears to such officer to be of a serious nature, or unless such person appears to such officer to be a person who ought to be detained, to discharge the person upon his entering into a recognizance with or without sureties for a reasonable amount to appear before a magistrate, or to surrender for service of an arrest and detention warrant or for discharge, at the time and place named in the recognizance, but where such person is detained in custody he shall be brought before a magistrate as Soon as practicable, unless within forty-eight hours of his apprehension a warrant for his arrest and detention under any Ordinance relating to Deportation is applied for, in which case he may be detained for a period not exceeding seventy-two hours from the time of such apprehension. Every recognizance so taken shall be of equal obliga-

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15 & 16 Geo. 5,

c. 86, s. 45.

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tion on the parties entering into the same, and shall be liable to the same proceedings of estreating thereof, as if the same had been taken before a magistrate.

(3) The respective mamos, residences, und occupations of the person so apprehended and of bis surety or sureties, if any, entering into such recognizance, together with the condition thereof and the sums respectively acknow- ledged, shall be entered in a book to be kept for that purpose, which shall be laid before the magistrate before whom the person appre- hended is to appear, or, in the case of a person bound by recognizance to surrender for servico of an

arrest and detention warrant, or for discharge, before any magistrate; and if he does not appear or has not appeared when called upon at the time and place mentioned in the recognizance, the magistrate shall forth- with estreat the recoguizauce: Provided that, if the person apprehended appears and makes application for a postponement of the hearing of the charge against him, the magistrate may enlarge the recognizance to such further time as he may think proper, and when the matter has been heard and determined, such recogniz- nuce shall be discharged without fee or reward.

(4) If, on a person being taken into custody as aforesaid, it appears to the officer in charge of the police station that the inquiry into the case cannot be completed forthwith, he may discharge the said person on his entering into a recognizance, with or without sureties for a reasonable amount, to appear at such police station, and at such time as is named in the recognizance, unless he previously receives a notice in writing from the officer in charge of the police station that his attendance is not required and any such recognizance may be enforced as if it were a recognizance for the appearance of the said person before magistrate.

(5) Where any person is apprehended under this section it shall be lawful for any officer of police to search for and take possession of any newspaper, book or other document, or any portion or extract therefrom, which may be found on his person or in or about the place at which be has been apprehended and whiel the said officer may reasonably suspect of throwing light on the character or activities of such person or his associates.

(6) Whenever it appears to a magistrate upon the oath of any person that there is reasonable cause to suspect that there is in any building, vessel (not being a ship of war or a ship having the status of a ship of war), or place any newspaper, book or other docu- ment, or any portion or extract, therefrom, which may throw light on the character or activities of any person liable to apprehensiou under this section or on the character or activi- ties of the associates of any such person, such magistrate may by warrant directed to any officer of police empower him with such assist- ants as may be necessary, by day or by night-

(a) to enter and if necessary to break into or forcibly enter such building, vessel or place, and to search for and take possession of any such news- paper, book or other document, or portion of or extract therefrom, which may be found there; and