TNAG-0198-FCO40-234-Prevention-of-bribery-bill-1969 — Page 103

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Further powers of search and seizure.

Bail from persons about to leave Hong Kong after commencement of investiga- tions.

PREVENTION OF BRIBERY BILL

17. (1) If it appears to the Attorney General, or to the Director, that there is reasonable cause to believe that in any place other than an office, registry or other room of or used by a public body or any member thereof there is any document or thing con- taining any evidence of the commission of an offence under this Ordinance, the Attorney General or the Director may, by warrant directed to any police officer, empower such police officer to enter such place, by force if necessary, and there to search for, seize and detain any such document or thing.

(2) If it appears to any gazetted police officer that there is reasonable cause to believe that in any place other than an office, registry or other room of or used by a public body or any member thereof, there is concealed or deposited any document or thing containing evidence of the commission of an offence under this Ordinance and that, by reason of the delay likely in obtaining a warrant under subsection (1), the object of the search is likely to be frustrated, he may exercise in and in respect of such place all the powers mentioned in subsection (1) in as full and ample a manner as if he were empowered to do so by warrant issued under that subsection.

(3) Without prejudice to any other law relating to entry and search, the chambers or office of counsel or solicitor shall not be subject to entry and search under this section or any warrant issued under this section.

(4) Any person who obstructs or resists the Director or any police officer in the exercise of the powers of entry and search under this section shall be guilty of an offence and shall be liable on conviction to a fine of five thousand dollars and to imprison- ment for one year.

18. (1) If, in the course of an investigation of an offence alleged to have been committed by any person under this Ordinance, it appears to the Director that such person is preparing or about to leave Hong Kong, the Director, or any gazetted police officer or public servant authorized in that behalf by the Director, may apply to a magistrate for a warrant for the apprehension of such person and his production before a magistrate; and where, on any such application, it is made to appear to the magistrate upon the oath of any person that there is reasonable cause to believe that the person whose apprehension is sought is preparing or about to leave Hong Kong and that, in all the circumstances, the investigation could not reasonably have been completed before the date of the application, he may issue a warrant to apprehend such person and to cause him to be brought before a magistrate