TNAG-1707-FCO40-2379-Prisons-and-prisoners-in-Hong-Kong-various-ordinances-1988 — Page 14

Amendment of section 18.

(Cap. 227.)

Further provisions

relating to security, appearance,

etc.

(Cap. 227.)

(Cap. 221.)

11.

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(a) to the Commissioner were a reference to a magis-

trate; and

(b) to a written notice under subsection (2) were a

reference to an order under subsection (6).

(8) Where a travel document returned to the applicant under this section is subsequently surrendered by him pursu- ant to a notice under subsection (2) or an order under subsection (6), the provisions of section 17A(6) shall continue to apply in respect of the travel document as if no return had been made to the applicant under this section.

(9) Proceedings before a magistrate under this section- (a) shall be conducted in chambers; and

(b) shall be deemed to be proceedings which a magis- trate has power to determine in a summary way within the meaning of sections 105 and 113(3) of the Magistrates Ordinance and, accordingly, Part VII of that Ordinance (wich relates to appeals) shall apply, with the necessary modifications, to appeals against an order of a magistrate under this section.

17C. (1) Where a person fails to comply with the terms of a notice under section 17B(2) or an order under section 17B(6)

(a) he may be arrested and dealt with in the same manner that a person who fails to comply with a notice under section 17A(1) may be arrested and dealt with under section 17A(4) and (5); and

(b) any deposit made or recognizance entered into under section 17B may be forfeited by a magistrate on application by the Commissioner or under sec- tion 65 (which relates to the enforcement of recog- nizances) of the Magistrates Ordinance.

(2) Without prejudice to section 65 of the Magistrates Ordinance, where a magistrate declares or orders the forfei- ture of a recognizance under this section, such declaration or order may, on the application of the Commissioner, be registered in the High Court, and thereupon the provisions of sections 110, 111, 112, 113 and 114 (which relate to the enforcement of recognizances) of the Criminal Procedure Ordinance shall apply to and in relation to that recognizance.

(3) Nothing in this section shall derogate from or affect the powers of a magistrate under section 18.".

Section 18 of the principal Ordinance is amended- (a) by inserting after subsection (5) the following-

"(5A) A magistrate may for the purposes of this section require that any property or document of title thereto be deposited with him or with such other person as he may direct by the person offered bail under this section or by any surety, or by both the person offered bail and any surety, to be

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retained by the magistrate or other person with whom it is deposited until such time as the recognizances under this section are no longer required or are forfeited and enforced."; (b) in subsection (6) by deleting "The" and substituting the

following

"Without prejudice to subsection (6A), the”; and

(c) by inserting after subsection (6) the following-

“(6A) Where pursuant to this section a magistrate declares or orders the forfeiture of a recognizance, such declaration or order may, on the application of the Commis- sioner, be registered in the High Court, and thereupon sections 110, 111, 112, 113 and 114 (which relate to the enforcement of recognizances) of the Criminal Procedure (Cap. 221.) Ordinance shall apply to and in relation to that recognizance.”.

12. Section 21A(1) of the principal Ordinance is amended by deleting Amendment of "section 10" and substituting the following-

"this Ordinance”.

section 21A.

13. The Schedule to the principal Ordinance is amended by deleting Amendment of item 17.

Schedule.

14. The principal Ordinance is amended by deleting "the Colony" References to

the Colony. wherever it appears and substituting the following—

2.

“Hong Kong”.

Explanatory Memorandum

This Bill amends the Prevention of Bribery Ordinance.

Clause 2, amending section 2, alters the definition of “public servant" in order to clarify who, for the purposes of the Ordinance, are public servants, in the case of members or officers of a club, association or educational institution which is a public body. The amendment also enables the Governor to exclude, by notice in the Gazette, any board, committee, or other body of an educational institution and any member of any such body, from the application of the definition.

3. Clause 3 amends section 12 to increase the maximum fines for Crown servants or former Crown servants convicted under section 10 of the Ordinance of having unexplained wealth, or of maintaining an unexplained high standard of living.

4. Clause 4 inserts 3 new sections in the Ordinance which are intended to prevent a Crown servant or former Crown servant from retaining property obtained through his corruption. Section 12(3) of the Ordinance at present provides that a Crown servant convicted of an offence of being in control of pecuniary resources or property disproportionate to his emoluments may, in addition to imprisonment and a fine, be ordered to pay a sum not exceeding the amount or value of pecuniary resources or property acquired by him in circumstances not explained to the satisfaction of the court. This provision has been found to be of limited value, since it does not provide for confiscation of particular property in the control of the convicted person, particularly where such property is held by another on his behalf.