Hong Kong Ordinances

INDEPENDENT COMMISSION AGAINST CORRUPTION ORDINANCE - SECT 10A

Procedure after arrest

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 1 of 2003 s. 3

(1) A person arrested under section 10-

   (a)  may be taken forthwith to a police station and there dealt with in
        accordance with the Police Force Ordinance ( Cap 232); or

   (b)  may be taken to the offices of the Commission.

(2) A person arrested under section 10 who is taken to the offices of the
Commission may be-

   (a)  detained there if an officer of the rank of Senior Commission Against
        Corruption Officer or above considers it necessary for the purpose of
        further inquiries;

   (b)  released from custody-

        (i)    on his depositing such reasonable sum of money as an officer of
               the rank of Senior Commission Against Corruption Officer or
               above may require; or

        (ii)   on his entering into such recognizance, with such sureties, if
               any, as an officer of the rank of Senior Commission Against
               Corruption Officer or above may require; or

        (iii)  on his depositing such a sum of money and entering into such a
               recognizance.

(3) A person who has deposited a sum of money for the purposes of subsection
(2) and has thereupon been released from custody shall-

   (a)  attend at the offices of the Commission at such time as an officer of
        the rank of Senior Commission Against Corruption Officer or above has
        specified and, having so attended, shall further attend at such other
        times thereafter as such an officer may specify; or (Amended 48 of
        1996 s. 20)

   (b)  appear before a magistrate at such time and place as an officer of the
        rank of Senior Commission Against Corruption Officer or above has
        specified.

(3A) A person who has been released from custody under subsection

(3) and-

   (a)  who attends at the offices of the Commission at a further time as
        shall have been specified; and

   (b)  who on such attendance advises an officer of the rank of Senior
        Commission Against Corruption Officer or above that he will refuse to
        attend at any further time, whether specified or not, shall have the
        sum of money deposited for the purposes of subsection (2) refunded to
        him and shall not be bound by any recognizance entered into by him
        with respect to his attendance. (Added 48 of 1996 s. 20)

(4) A recognizance entered into for the purposes of subsection (2) shall be
conditioned-

   (a)  for the attendance of the person at the offices of the Commission at
        such time as may be specified therein and at such other time
        thereafter as an officer of the rank of Senior Commission Against
        Corruption Officer or above may specify; or

   (b)  for the appearance of the person before a magistrate at such time and
        place as may be specified therein.

(5) If any person fails to attend at the offices of the Commission or to
appear before a magistrate in accordance with subsection (3) or a recognizance
entered into for the purposes of subsection (2), such sum of money may be
forfeited or such recognizance estreated by a magistrate on application by the
Commissioner.

(6) A person who is detained at the offices of the Commission under subsection
(2)(a) shall be brought before a magistrate as soon as practicable and in any
event within 48 hours after his arrest unless he is sooner released, whether
under subsection (2)(b) or otherwise.

(7) (a) A person who is detained at the offices of the Commission under
subsection (2)(a) may be taken in the custody of an officer to and from any
other place if an officer of the rank of Senior Commission Against Corruption
Officer or above considers it necessary or desirable to do so.

   (b)  Any person who is being taken to and from any such place in the
        custody of an officer under paragraph (a) shall be deemed to be in
        lawful custody.

(8) The Chief Executive may by order make such provision as he considers
necessary with respect to the treatment of persons detained at the offices of
the Commission, whether under subsection (2)(a) or pursuant to the order of a
magistrate under section 20(3) or 79(1) of the Magistrates Ordinance (
Cap 227). (Amended 51 of 1987 s. 5; 1 of 2003 s. 3) (Added 14 of 1976 s. 2.
Amended 27 of 1980 s.3)