Hong Kong Ordinances

PREVENTION OF BRIBERY ORDINANCE - SECT 17BA

Permission to leave Hong Kong

(1) Without prejudice to section 17B, a person on whom a notice under
section 17A(1) is served may at any time make application in writing to the
Commissioner or to a magistrate or both for permission to leave Hong Kong, and
every such application shall contain a statement of the grounds on which it is
made.

(2) A magistrate shall not consider an application made under subsection (1)
unless he is satisfied that reasonable notice in writing of it has been given
to the Commissioner.

(3) The Commissioner or a magistrate shall only grant an application made
under subsection (1) where the Commissioner or the magistrate, as the case may
be, is satisfied that having regard to all the circumstances, including the
interests of the investigation referred to in section 17A(1), a refusal to
grant the application would cause unreasonable hardship to the applicant.

(4) Before an application is granted under this section-

   (a)  the applicant may be required to-

        (i)    deposit such reasonable sum of money with such person as may be
               specified;

        (ii)   enter into such recognizance with such sureties, if any, as may
               be specified; or

        (iii)  deposit such a sum of money and enter into such a recognizance
               as may be specified;

   (b)  any such applicant or surety may be required to deposit such property
        or document of title thereto with such person as may be specified for
        retention by that person until such time as any recognizance entered
        into under this subsection is no longer required or is forfeited.

(5) A recognizance referred to in subsection (4) shall be subject to a
condition that the applicant shall appear at such time and place in Hong Kong
as may be specified and at such other time and place in Hong Kong thereafter
as may be further specified.

(6) An application under this section may be granted either without condition
or subject to a condition that the applicant shall appear at such time and
place in Hong Kong as may be specified and at such other time and place in
Hong Kong thereafter as may be further specified.

(7) Where a person is permitted to leave Hong Kong under this section subject
to a condition imposed under subsection (5) or (6), then after the time
specified under that subsection or (if applicable) after the last of such
times, the provisions of section 17A(3A) shall continue to apply in respect of
the person as if the person had not been permitted to leave Hong Kong under
this section.

(8) 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 ( Cap 227) 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.

(9) Anything to be specified in respect of an applicant under this section
shall be specified by notice in writing served personally on the applicant.
(Added 10 of 2005 s. 43)