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POLICE FORCE ORDINANCE - SCHEDULE 3
APPLICATION FOR AND GIVING OF A MAGISTRATE'S APPROVAL FOR THE TAKING OF INTIMATE SAMPLE
[sections 59B & 59I]
1. An application under section 59B of this Ordinance must be made in Form 1. A copy of the authorization duly given pursuant to section 59A(2) of this Ordinance and of appropriate consent duly given and signed under section 59A(6) of this Ordinance must be exhibited to Form 1.
2. Form 1 together with the exhibits referred to in section 1 must be submitted to a magistrate.
3. A magistrate, on receiving the application, may-(a) give his approval if he is satisfied that-(i) an authorization has been duly given pursuant to section 59A(2) of this Ordinance;
(ii) there are reasonable grounds-(A) for suspecting that the person from whom the intimate sample is to be taken has committed a serious arrestable offence; and
(B) for believing that the sample will tend to confirm or disprove the commission of the offence by that person; and
(iii) the appropriate consent has been duly given under section 59A(6) of this Ordinance;
(b) order that an inter partes hearing shall be conducted in private for the purposes of determining whether the approval should be given or not if he considers that it is necessary in the interest of justice to do so; or
(c) reject the application if he thinks fit to do so.
4. An order made under section 3(b) must specify a hearing date and must be served on the applicant and the respondent not less than a period as may be directed by the magistrate before the specified hearing date.
5. Where an order has been duly served under section 4, the applicant and the respondent must attend before the magistrate on the hearing date specified in the order. The respondent may be represented by his legal representative. The applicant and the respondent (or his legal representative, if any) may make representations at the hearing.
6. The magistrate, upon hearing the parties, may-(a) give his approval if he is satisfied that-(i) an authorization has been duly given pursuant to section 59A(2) of this Ordinance;
(ii) there are reasonable grounds-(A) for suspecting that the person from whom the intimate sample is to be taken has committed a serious arrestable offence; and
(B) for believing that the sample will tend to confirm or disprove the commission of the offence by that person; and
(iii) the appropriate consent has been duly given under section 59A(6) of this Ordinance; or
(b) reject the application if he thinks fit to do so.
7. The approval under sections 3(a) and 6(a) must be given in Form 2.
FORM 1
APPLICATION FOR AN APPROVAL FOR THE TAKING
OF AN INTIMATE SAMPLE
Section 59B of the Police Force
Ordinance (Cap 232)
Application No.
Writ No.
TO A MAGISTRATE OF HONG KONG
IN THE MAGISTRATES COURT AT ..............................
I, ........................................ (name of the applicant), apply for an approval to the taking of an intimate sample, namely ........................................ , from ........................................ (name of the suspect) on the following grounds-(a) ............................. , a police officer of the rank of superintendent or above on .............................. (date) has given an authorization (which is exhibited to this form) to the taking of the sample from the said person as he has reasonable grounds-(i) for suspecting that the said person has committed a serious arrestable
offence, namely an offence contrary to section ........................................ of the ........................................ Ordinance (Cap .....................); and
(ii) for believing that the sample will tend to confirm or disprove the commission of the offence by the said person,
relying on the following facts-
(b) the appropriate consent has been given (which is exhibited to this form).
Dated this day of (year).
.................................
Applicant.
(signature)
___________
FORM 2
APPROVAL FOR THE TAKING OF AN INTIMATE SAMPLE
Section 59B of the Police Force
Ordinance (Cap 232)
Application No.
Writ No.
HONG KONG. IN THE MAGISTRATES COURT AT .........................................
To each and all of the police officers of Hong Kong.
APPLICATION has been made to the undersigned, a magistrate of Hong Kong, by ........................................ (name of the applicant) on .............................. (date) and the undersigned magistrate, relying on the facts specified in the said application upon hearing the parties on .............................. (date)* has satisfied that-(a) ............................. , a police officer of the rank of superintendent or above on .............................. (date) has duly given an authorization to the taking of an intimate sample, namely ........................................ from ........................................ (name of the suspect);
(b) there are reasonable grounds-(i) for suspecting that the said person has committed a serious arrestable offence, namely an offence contrary to section ........................................ of the ........................................ Ordinance (Cap .....................); and
(ii) for believing that the sample will tend to confirm or disprove the commission of the offence by the said person; and
(c) the appropriate consent has been duly given.
You are herewith approved to bring the said person to a registered medical practitioner/registered dentist* for the intimate sample, namely ........................................ , to be taken from him/take the intimate sample namely ........................................ from the said person*.
Dated this day of (year).
.................................
Magistrate
[L. S.]
* Delete whichever is inapplicable.(Schdule 3 added 68 of 2000 s. 10)