1964_PREVENTION_OF_BRIBERY_ORDINANCE — Page 26

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1987 Ed.]

Prevention of Bribery

[CAP. 201

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(5) Where a person is taken before a magistrate under subsec- tion (4), the magistrate shall, unless such person thereupon complies with the notice under subsection (1) or satisfies the magistrate that he does not possess a travel document, by warrant commit him to prison there to be safely kept-

(a) until the expiry of the period of 28 days from the date of

his committal to prison as aforesaid; or

(b) until such person complies with the notice under subsec- tion (1) and a magistrate, by order in that behalf, orders and directs the Commissioner of Correctional Services to discharge such person from prison (which order shall be sufficient warrant for the Commissioner of Correctional Services so to do), (Amended, L.N. 30/82)

whichever occurs first.

(6) Subject to section 17B, a travel document which is surren- dered to the Commissioner under this section may be detained for 6 months from the date on which it was surrendered and may be detained for a further 3 months if a magistrate, on application by the Commissioner, is satisfied that the investigation could not reason- ably have been completed before the date of such application and authorizes such further detention: (Amended, 50 of 1987, s. 9)

Provided that a magistrate shall not hear an application under this subsection unless reasonable notice of the application has been given by the Commissioner to the person who surrendered the document. (Added, 50 of 1987, s. 9)

(6A) All proceedings before a magistrate under this section shall be conducted in chambers. (Added, 15 of 1976, s. 5)

(6B) A notice under subsection (1) which has been served in accordance with subsection (2) and complied with shall not there- after be revoked or withdrawn. (Added, 50 of 1987, s. 9)

(7) In this section and in section 17B, "travel document" means a passport or other document establishing the identity or nationality of a holder. (Amended. 50 of 1987, s. 9)

( Added, 56 of 1973, s. 3. Amended, 9 of 1974, s. 10)

17B. (1) A person who has surrendered a travel document under section 17A may at any time make written application to the Commissioner for its return, and every such application shall contain a statement of the grounds on which it is made.

(2) The Commissioner may-

(a) grant the application either without conditions or subject to such conditions as to the further surrender of the travel document and the appearance of the applicant at any time and place in Hong Kong as may be specified by the Commissioner in a written notice served personally on the applicant;

Return of travel documents.