1964_PREVENTION_OF_BRIBERY_ORDINANCE — Page 28

1987 Ed.]

Prevention of Bribery

[CAP. 201

27

(7) The provisions of subsections (3) and (4) shall apply to the making of an order under subsection (6) as they apply to the granting of an application under subsection (1), as if a reference in those provisions--

(a) to the Commissioner were a reference to a magistrate; 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 pursuant 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 magistrate 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 (which relates to appeals) shall apply, with the necessary modifications, to appeals against an order of a magistrate under this section.

(Added, 50 of 1987, s. 10)

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 applica- tion by the Commissioner or under section 65 (which relates to the enforcement of recognizances) of the Magis- trates Ordinance.

(2) Without prejudice to section 65 of the Magistrates Ordin- ance, where a magistrate declares or orders the forfeiture 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.

(Added, 50 of 1987, s. 10)

(Cap. 227.)

Further provisions relating to security,

appearance, etc.

(Cap. 227.)

(Cap. 221.)

1