TNAG-2553-FCO40-3728-Hong-Kong-Bill-of-Rights-review-of-legislation-1992 — Page 139

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Bail for persons about to leave Hong Kong after

commencement of investigation

7.

Kong,

The effect of section 18 of the ordinance is

that a suspect, who is preparing or about to leave Hong

may be arrested on a magistrate's warrant and

remanded on bail or in custody by the court without having been charged, for a period not exceeding 28 days. This power of detention could be challenged on grounds of arbitrary detention and intringement of liberty of

movement, contrary to section 8, articles 5 and 8 of the

Deletion of the section is considered

BOR Ordinance.

necessary and section 17C sub-section (3), a supporting

provision, also requires to be deleted. Clauses 4 and 5

provide for the repeal of the section and the sub-section.

oftence to disclose identity, etc, of persons being

investigated

8.

Section 30 of the ordinance makes it an offence

for any person to disclose to any other person the identity of a suspect under ICAC investigation, or any details of

such investigation.

Whilst the need for confidentiality is

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