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Ord. No. 50/87
PREVENTION OF BRIBERY (AMENDMENT)
Amendment of section 14.
6.
Section 14(1) of the principal Ordinance is amended—
(a) in paragraph (a)(i) by inserting after "and specifying the date upon
which" the following
**
', and the person from whom,”; and
(b) in paragraph (c) by inserting after "possessed by him" the
following-
Amendment of
7.
section 14A.
"and further stating, in respect of each such property, the date upon which and the person from whom it was acquired".
Section 14A of the principal Ordinance is amended- (a) by inserting after subsection (1) the following—
"(IAA) A notice under subsection (1) shall, unless it otherwise provides, apply to the income from any property specified therein as it applies to the property itself.";
(b) in subsection (2)(b) by inserting after "and" the following-
", subject to subsection (3),”; and
(c) by deleting subsection (3) and substituting the following-
"(3) Where a notice under subsection (1)—
Amendment of section 14C.
8.
(a) is issued in respect of property of a person against whom a prosecution for an offence under this Ordi- nance has been instituted; or
(b) is in force in respect of property of a person against whom a prosecution for such an offence is instituted,
the notice shall continue in force until the proceedings on such prosecution have been finally determined and, if an order is made against that person under section 12(3) or 12AA, until that order has been set aside, complied with or enforced, as the case may be.
(3A) Nothing in subsection (2) or (3) shall prevent the Commissioner from issuing a further notice in respect of the same property.".
Section 14C of the principal Ordinance is amended-
(a) by inserting after subsection (2) the following--
“(2A) A restraining order shall, if so provided in the order, apply to the income from any property specified therein as it applies to the property itself.";
(b) in subsection (5) by inserting after "determined" the following--
"and, if an order is made against that person under section 12(3) or 12AA, until that order has been set aside, complied with or enforced, as the case may be"; and
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PREVENTION OF BRIBERY (AMENDMENT)
(c) by inserting after subsection (5) the following
9.
Ord. No. 50/87
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"(5A) Nothing in subsection (4) or (5) shall prevent the court from making a further restraining order in respect of the same property on application ex parte by or on behalf of the Commissioner.".
Section 17A of the principal Ordinance is amended- (a) in subsection (1) by inserting after "application" the following—
"ex parte":
(b) in subsection (6)———-
(i) by deleting "A" and substituting the following---
"Subject to section 17B, a";
(ii) by deleting the full stop at the end and substituting a colon; and
(iii) by inserting, after the colon, the following—
"Provided that a magistrate shall not hear an application under this subsection unless reasonable notice of the applica- tion has been given by the Commissioner to the person who surrendered the document.";
(c) by inserting after subsection (6A) the following-
"(6B) A notice under subsection (1) which has been served in accordance with subsection (2) and complied with shall not thereafter be revoked or withdrawn."; and
(d) in subsection (7) by inserting after "this section" the following—
"and in section 17B”.
Amendment of section 17A.
10. The principal Ordinance is amended by adding after section 17A Addition of the following new sections-
"Return of travel
documents.
17B. (1) A person who has surrendered a travel docu- ment under section 17A may at any time make written application to the Commissioner for its return, and every such application shall contain a statement of the grounds on which it is made.
(2) The Commissioner may
(a) grant the application either without conditions or subject to such conditions as to the further surrender of the travel document and the ap- pearance of the applicant at any time and place in Hong Kong as may be specified by the Commis- sioner in a written notice served personally on the applicant;
(b) refer the application to a magistrate; or
(c) refuse the application.
new sections 17B and 17C.
No comments yet.
Private notes are available after approval.