223112-1935-Supplementary-Draft-Bill--Police-Force-Amendment — Page 1

2020

LEGISLATIVE COUNCIL.

Draft Bill.

No. S. 400.-The following Bill is published for general information :-

[No. 41-10.12.35.-5.]

A BILL

Short title.

Amendment of Ordin- ance No. 37 of 1932,

s. 18.

42 & 43 Vict. c. 49, s. 38.

4 & 5 Geo. 5, c. 58,

8, 22,

INTITULED

An Ordinance to amend the Police Force Ordinance, 1932.

Be it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Police Force Amendment Ordinance, 1936.

2. Section 18 of the Police Force Ordinance, 1932, is amended as follows:-

(i) by the repeal of sub-sections (2) and (3) thereof and the substitution of the following sub-sections therefor :---

(2) Every person taken into custody by an officer of police with or without a warrant, except a person detained for the mere purpose of taking his name and residence, shall be taken with all convenient speed to a police station and there delivered into the custody either of the officer in charge of the police station or of any European officer of police of rank not inferior to lance-sergeant.

(3) On a person being taken into custody for an offence with or without a warrant a European lance-sergeant of police or any European officer of police of equal or superior rank, or the officer in charge of a police station, may in any case, and shall, if it will not be practicable to bring such person before a magistrate within forty-eight hours after he was so taken into custody, inquire into the case, and, unless it appears to such lance-sergeant or officer that the offence is of à serious nature, or that the person is a person who ought to be detained, discharge the person upon his entering into a recog- nizance with or without sureties for a reasonable amount to appear before a magistrate, or to surrender for service of a warrant of arrest and detention or for discharge, at the time and place named in the recognizance, but where such person is detained in custody he shall be brought before a magistrate as soon as practicable, unless within forty-eight hours of his apprehension a warrant for his arrest and detention under any Ordinance relating to deportation is applied for, in which case he may be detained for a period not exceeding seventy-two hours from the time of such apprehension. Every recognizance so taken shall be of equal obligation on the parties entering into the same, and shall be liable to the same proceedings for the estreating thereof, as if the recognizance had been taken before a magistrate.