TNAG-1689-FCO40-2339-Hong-Kong-legislation-regarding-the-control-of-publications--1987 — Page 84

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

1 Ed.

1981 Ed.]

Public Order

[CAP. 245

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(5) When a person appears or is brought before a court in accordance with subsection (3), the magistrate shall inquire into the truth of the information as far as is practicable in the manner prescribed for summary trials, except that no charge need be framed. (Amended, 31 of 1970, s. 26)

(6) If the magistrate is satisfied that it is necessary for the maintenance of the peace or of good behaviour, as the case may be, that the person named in the proposed order should execute a bond with or without sureties, he shall make an order accordingly. (Amended, 31 of 1970, s. 26)

(7) If the magistrate is satisfied that it is not necessary to execute a bond, the person named in the proposed order shall be discharged from the inquiry. (Amended, 31 of 1970, s. 26)

(8) A bond executed under this section by a person to keep the peace or be of good behaviour, as the case may be, shall be deemed to be broken by the commission of any offence punishable with imprisonment. (Amended, 31 of 1970, s. 26)

(9) A magistrate may, in his discretion, refuse to accept any person offered as surety for good behaviour.

(10) If any person ordered to give security does not give such security on or before the date of the commencement of such security, he shall be committed to prison until the expiration of such term as the magistrate may direct or until he shall furnish such security to the magistrate who made the order:

Provided that the period of imprisonment for failure to give security shall not exceed the period for which security is ordered to be given.

(11) Any person so imprisoned may be released by an order made by a magistrate if such magistrate considers he may be released without hazard to the community or any person.

(12) Any surety for peaceable conduct or good behaviour may apply to a magistrate to cancel any bond executed under this section. In such a case, the magistrate shall call for fresh security for the unexpired term and if not forthcoming shall order imprisonment in accordance with subsection (10). (Amended, 31 of 1970, s. 26)

45. Without prejudice to any other powers conferred by this Ordinance, any police officer may use such force as may be necessary--

(a) to prevent the commission or continuance of any offence

under this Ordinance;

(b) to arrest any person committing or reasonably suspected of being about to commit or of having committed any offence under this Ordinance; or

(c) to overcome any resistance to the exercise of any of the

powers conferred by this Ordinance.

Use of necessary force.

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