TNAG-0688-FCO40-837-Disturbances-by-police-in-Hong-Kong-1977 — Page 101

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20

CAP. 201]

Prevention of Bribery

[1974 Ed.

(Cap. 227.)

(Cap. 227.)

be had by the magistrate to the time reasonably necessary for completion of the investigation of the offence alleged or suspected to have been committed by such person and to any special hard- ship to such person likely to result from his being on bail, but the person shall not be required to appear or to appear again on a day later than 28 days from the date of his apprehension pursuant to the warrant issued under subsection (1) unless the magistrate is of the opinion that, having regard to the gravity of the offence alleged or suspected to have been committed by such person, it is expedient to fix a later date.

(5) If any person offered bail under this section refuses to enter into the recognizance required or makes default in finding any surety or sureties as may be required, the magistrate shall, by warrant, commit him to prison there to be safely kept-

(a) until he enters into such recognizance or finds such surety

or sureties, as the case may be; or

(b) until the expiry of the period of 28 days from the date of

his committal to prison as aforesaid; or

(c) until 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 Commissioner of Prisons so to do),

whichever occurs first.

(6) The provisions of section 62 (power to reduce or vary security), section 63 (recognizance taken out of court), section 64 (mode of giving security and enforcement thereof) and section 65 (enforcing recognizance for appearance) of the Magistrates Ordin- ance shall apply, mutatis mutandis, to recognizances under this section.

(7) Proceedings before a magistrate under this section shall be deemed to be a proceeding which a magistrate has power to deter- mine in a summary way within the meaning of sections 105 and 113(3) of the Magistrates Ordinance, and, accordingly, the provisions of Part VII of that Ordinance (which relate to appeals) shall apply, mutatis mutandis, to appeals against an order or determination of a magistrate under this section.

(8) All proceedings before a magistrate under this section shall be conducted in chambers.

Custom not to be a defence.

PART IV

EVIDENCE

19. In any proceedings for an offence under this Ordinance, it shall not be a defence to show that any such advantage as is mentioned in this Ordinance is customary in any profession, trade, vocation or calling.