1964_CRIMINAL_PROCEDURE_ORDINANCE — Page 68

1988 Ed.]

Criminal Procedure

[CAP. 221

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(5) Every person who arrests any person under any of the provisions herein contained shall (if the person making the arrest is not himself a police officer) deliver the person so arrested, and the property, if any, taken possession of by him, to some police officer in order that he may be conveyed as soon as reasonably may be before a magistrate, to be by him dealt with according to law, or himself convey him before a magistrate, as soon as reasonably may be, for that purpose. (Amended, 51 of 1911 and 2 of 1912, Schedule)

(6) Nothing in this section shall affect the powers of apprehension conferred upon constables or other persons by any other enactment. (Amended, 51 of 1911 and 2 of 1912, Schedule)

Use of force in making arrest, etc.

101A. (1) A person may use such force as is reasonable in the circumstances in the prevention of crime or in effecting or assisting in the lawful arrest of offenders or suspected offenders or of persons unlawfully at large.

(2) Subsection (1) shall replace the rules of the common law on the question when force used for a purpose mentioned in the subsection is justified by that purpose.

(Added, 5 of 1971, s. 10)

[cf. U.K. 1967 c. 58, s. 3]

Disposal of property

Disposal of property connected with offences

102. (1) Where-

(a) any property has come into the possession of a court, the police or the Customs and Excise Service in connection with any offence;

(b) it appears to a court that an offence has been committed in respect of any property in the possession of the court, the police or the Customs and Excise Service; or

(c) it appears to a court that any property in the possession of the court, the police or the Customs and Excise Service has been used in the commission of an offence,

then, whether or not the offence was committed or appears to have been committed in Hong Kong, a court may dispose of such property in the manner provided in this section. (Amended, 46 of 1977, s. 16)

(2) Of its own motion or upon application, a court may-

(a) in respect of property to which subsection (1)(a) applies-

(i) make an order for the delivery of any such property to the person who appears to the court to be entitled thereto;

(ii) where the person so entitled is unknown or cannot be found, make an order that the property be sold or retained in the possession of the court, the police or the Customs and Excise Service; and (Amended, 46 of 1977, s. 16)

(b) in respect of property to which subsection (1)(b) or (c) applies-