TNAG-0081-FCO40-117-Public-Order-legislation-1968 — Page 78

Mཁག་-ར-ར་མ-མ-F -++-buimཎྞསཱུ!

(which is not what the section says).

Sub-section (6) is the

provision which empowers the magistrate to make an order for

execution of a bond, but here there seems to be no requirement

that the order should be in the same terms as the order originally "ma de" (?"proposed") although sub-section (1) refers to "the

amount of the bond to be executed". We think the magistrate should

be required to specify the date for commencement of any security

or der ed.

47 Sub-section (8) does not appear to be limited to a

bond pursuant to the provisions of this section and is probably

wider than was intended by the draftsman.

48 In sub-section (10) it should be expressly provided

that when a person who has been committed to prison in default

of security subsequently furnishes the security ordered he shall

be forthwith released.

49 In sub-section (12) it is by no means clear what "imprisonment accordingly" would be. We conjecture that it refers

to such imprisonment as could be ordered under sub-section (10)

but if that be correct we suggest the Ordinance should say so.

O The section needs amendment to clarify the procedure,

with due attention to the nature of the proceedings as set forth

in the preceding section.

Section 49

5 Sub-section (1)(d) gives the police a general power

to seize anything, whether or not there are reasonable grounds

for suspecting it to have evident ial value. We see no justifica-

tion for omitting the usual requirement that such reasonable

grounds should be a condition precedent for the exercise of the

power of seizure.

52 In sub-section (3) (a) the words "or engaged in any

unlawful purpose" give the police power to enter and search for

purposes quite unconnected with the objects of this Ordinance:

18.