TNAG-0688-FCO40-837-Disturbances-by-police-in-Hong-Kong-1977 — Page 99

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

18

CAP. 201]

Prevention of Bribery

[1974 Ed.

Surrender of travel document.

of any offence under this Ordinance, the Commissioner may, by warrant directed to any investigating officer, empower such officer to enter such place, by force if necessary, and there to search for, seize and detain any such document or thing. (Replaced, 9 of 1974, 5. 9)

(2) Without prejudice to any other law relating to entry and search, the chambers of counsel or the office of a solicitor are not subject to entry and search under this section or any warrant issued under this section except in the course of investigating an offence under this Ordinance alleged or suspected to have been committed by that counsel or that solicitor, as the case may be, or by his clerk or any servant employed by him in such chambers or office.

(3) Any person who obstructs or resists the Commissioner or any investigating 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 $20,000 and to imprisonment for 1 year. (Amended, 9 of 1974, s. 9)

17A. (1) A magistrate may, on the application of the Com- missioner, by written notice require a person who is the subject of an investigation in respect of an offence alleged or suspected to have been committed by him under this Ordinance to surrender to the Commissioner any travel document in his possession.

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

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

(4) 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.

(5) Where a person is taken before a magistrate under sub- section (4), the magistrate shall, unless such person thereupon complies with the notice under subsection (1) or satisfies the magis- trate 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 Commissioner of Prisons so to do),

whichever occurs first.

(6) A travel document which is surrendered to the Com- missioner under this section may be detained for 6 months from the

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