Hong Kong Ordinances

PREVENTION OF BRIBERY ORDINANCE - SECT 17A

Surrender of travel document

(Past version on 30/06/1997).

(1) A magistrate may, on the application ex parte of the Commissioner, by
written notice require a person who is the subject of an investigation in
respect of an offence reasonably suspected to have been committed by him under
this Ordinance to surrender to the Commissioner any travel document in his
possession. (Amended 50 of 1987 s. 9; 48 of 1996 s. 11)

(2) A notice under subsection (1) shall be served personally on the person to
whom it is addressed.

(3) A person on whom a notice under subsection (1) is served shall comply with
such notice forthwith.

(3A) Subject to subsection (6), a person to whom a notice under subsection (1)
is addressed shall not leave Hong Kong, whether or not the notice has been
served on him under subsection (2), before the expiry of a period of 6 months
from the date of the notice unless-

   (a)  an application made under section 17B(1) for the return of a
        travel document is granted; or

   (b)  an application made under section 17BA(1) for permission to leave Hong
        Kong is granted. (Added 10 of 2005 s. 41)

(4) If a person on whom a notice under subsection (1) has been served fails to
comply with the notice forthwith, he may be arrested and taken before a
magistrate by a police officer or by a person appointed in that behalf by the
Commissioner. (Amended 10 of 2005 s. 41)

(5) Where a person is taken before a magistrate under subsection

(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 subsection (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 of 1982) whichever occurs first.

(5A) Subject to subsection (6), a travel document surrendered to the
Commissioner in compliance with a notice under subsection (1) may be detained
for a period of 6 months from the date of the notice unless an application
made under section 17B(1) for the return of the travel  document is granted.
(Added 10 of 2005 s. 41)

(6) The period of 6 months referred to in subsections (3A) and (5A) may be
extended for a further period of 3 months if a magistrate, on application by
the Commissioner, is satisfied that the investigation could not reasonably
have been completed before the date of such application and authorizes such
extension: (Amended 50 of 1987 s. 9; 10 of 2005 s. 41) 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 to whom the relevant notice is addressed. (Added 50 of 1987 s. 9.
Amended 10 of 2005 s. 41)

(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 thereafter be revoked or withdrawn.
(Added 50 of 1987 s. 9)

(7) In this section and in section 17B, "travel document" (旅行證件) 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)

"travel document" (旅行證件)