TNAG-0676-FCO40-825-Legislation-for-summary-offences-in-Hong-Kong-1977 — Page 20

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

DANGEROUS DRUGS (AMENDMENT)

Ord. No. 60/77

A259

HONG KONG

No. 60 OF 1977

L.S.

I assent.

MURRAY MacLehose,

Governor.

28th July, 1977.

An Ordinance to amend the Dangerous Drugs Ordinance.

[29th July, 1977]

Enacted by the Governor of Hong Kong, with the advice and consent

of the Legislative Council thereof.

1. This Ordinance may be cited as the Dangerous Drugs (Amend- Short title. ment) Ordinance 1977.

2. The principal Ordinance is amended by adding after section 53 Addition of the following new sections-

"Surrender of travel document.

53A. (1) A magistrate may, on the application of the Commissioner of Police or the Commissioner of the Preven- tive Service, by written notice require a person who is the subject of an investigation in respect of a specified offence alleged or suspected to have been committed by him to surrender to the Commissioner of Police or Commissioner of the Preventive Service any travel document in his possession.

(2) The matter of an application under subsection (1) shall be substantiated by the oath of the applicant.

(3) A notice

notice under subsection (1) shall be served personally on the person to whom it is addressed.

(4) A person on whom a notice under subsection (1) is served shall comply with such notice forthwith.

(5) If a person on whom a notice under subsection (1) has been served fails to comply with the notice forthwith, he may thereupon be arrested and taken before a magistrate.

(6) Where a person is taken before a magistrate under subsection (5), 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-

(a) until the expiry of the period of 28 days from the

date of his committal to prison as aforesaid; or

(b) until such person complies with the notice under subsection (1) and a magistrate, by order in that behalf, orders and directs the Commissioner of Prisons to discharge such person from prison (which order shall be sufficient warrant for the Commis- sioner of Prisons so to do),

whichever occurs first.

section 53 A. (Cap. 134.)

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