TNAG-1665-FCO40-2314-Hong-Kong-employment-issues-and-ordinances-foreign-domestic-1987 — Page 22

A338

Ord. No. 51/87

Amendment of

section 10A.

Addition of section 10AA.

INDEPENDENT COMMISSION AGAINST CORRUPTION (AMENDMENT)

(b) by inserting after paragraph (d) the following paragraphs----

"(da) the offence of obtaining services by deception under

section 18A of the Theft Ordinance;

(Cap. 210.)

(db) the offence of evading liability by deception under

section 18B of the Theft Ordinance;

(de) the offence of making off without payment under

section 18C of the Theft Ordinance;

(dd) the offence of procuring a false entry in certain records under section 18D of the Theft Ordinance;"; and

(c) by deleting "(dd)" where it occurs in paragraphs (ƒ) and (g) and

substituting, in each case, the following-

5.

“(da), (db), (dc), (dd), (de)”.

Section 10A(8) of the principal Ordinance is amended by deleting “20(1)" and substituting the following-

6.

"20(3) or 79(1)”.

The principal Ordinance is amended by adding after section 10A the following-

"Arrest of

10AA. (1) An officer authorized in that behalf by the persons granted Commissioner may arrest without warrant any person who has been released from custody in accordance with section 10A(2), or otherwise admitted to bail following his arrest under section 10 or his appearance on a summons in respect of an offence referred to in that section-

bail. 1967 c. 80, s. 23.

(Cap. 221.)

(a) if the officer has reasonable grounds for believing that any condition on or subject to which such person was so released or otherwise admitted to bail has been or is likely to be broken; or

(b) on being notified in writing by any surety for that person (including a surety who has deposited a sum of money pursuant to an order under section 13AA(1) of the Criminal Procedure Ordinance) that the surety believes that that person is likely to break the condition that he will appear at the time and place required and for that reason the surety wishes to be relieved of his obligation as surety.

(2) Any person arrested under subsection (1) shall be brought within the period of 24 hours after his arrest or as soon as practicable after the expiry of that period before a magistrate, except where he was so arrested within the period of 24 hours immediately preceding an occasion on which he is required by virtue of a condition of his release under section 10A(2) or other bail to appear before any court, in which case he shall be brought before that court.

(Cap. 221.)

7.

INDEPENDENT COMMISSION AGAINST CORRUPTION (AMENDMENT)

Ord. No. 51/87

A339

(3) If it appears to the court before which a person is brought under subsection (2) that any condition on or subject

to which such person was released or otherwise admitted to bail has been or is likely to be broken, the court may—

(a) remand that person in custody; or

(b) admit that person to bail on the same conditions or

on such other conditions as it thinks fit,

but if it does not so appear to that court the court shall admit that person to bail on the same conditions.

(4) Nothing in this section shall derogate from or affect the powers of arrest contained in section 13B of the Criminal Procedure Ordinance.".

Section 13A of the principal Ordinance is amended by deleting Amendment of "$1,000" and substituting the following-

"$5,000".

section 13A.

8. Section 13B of the principal Ordinance is amended by deleting Amendment of "$10,000" and substituting the following-

"$20,000".

section 13B.

9. The provisions of the Independent Commission Against Corrup- Amendment of tion (Treatment of Detained Persons) Order specified in the first column of Independent the Schedule are amended in the manner specified opposite thereto in the Commission second column of the Schedule.

Provision

Paragraph 2

SCHEDULE

Amendment

[s. 9.]

(a) Insert after the definition of "detainee" the following defini-

tion-

64

"Detention Centre" means the detention facilities maintained by the Commission at its offices in Murray Road Car Park Building, Hong Kong;"; and

(b) delete the definition of "guarding officer" and substitute the

following-

""guarding officer" means an officer appointed to be a guarding officer under paragraph 5(1) and, in re- lation to any detainee, means the guarding officer for the time being in charge of the Detention Centre.".

Against

Corruption (Treatment of Detained

Persons) Order.

(Cap. 204,

sub. leg.)

Schedule.