JUDICIAL PROCEEDINGS (ADJOURNMENT
DURING GALE WARNINGS)
Persons arrested or detained by police.
(Cap. 232.)
8. (1) Where a person is discharged under subsection (1) of section 52 of the Police Force Ordinance upon his entering into a recognizance, with or without sureties, to appear before a magistrate or to surrender for service of a warrant of arrest and detention or for discharge at the time named in the recognizance and such time falls within the duration of a gale warning the time shall be deemed to be extended until the same time on the next day, which is not a public holiday, after the day on which the gale warning ceases.
(2) Where any person is detained in custody under subsection (1) or (4) of section 52 of the Police Force Ordinance during a gale warning and it is not practicable to produce the person before a magistrate within the time limit prescribed in the said subsection (1) or (4), as the case may be, he shall be produced before a magistrate on the next day, which is not a public holiday, after the day on which the gale warning ceases.
Attendance on summons, etc. 9. (1) Any person who is required by a summons or other court process or otherwise to attend any judicial proceedings on a day and at a time which falls within a period of adjournment shall attend the adjourned hearing.
(2) Any person who is required by a subpoena or otherwise to produce any document or other thing at any judicial proceedings on a day and at a time which falls within a period of adjournment shall produce the document or other thing at the adjourned hearing.
Computation of time. 10. In computing time for the purposes of any Ordinance, any day on which—
- (a) a gale warning is in force; or
- (b) judicial proceedings are adjourned by an order under section 6,
shall not be reckoned in the computation of that time.
Penalty for wilful default. 11. A person who fails to comply with any of the provisions of section 7, 8 or 9 shall not incur any penalty for such default unless the default is wilful.
Passed by the Hong Kong Legislative Council this 2nd day of July, 1969.
D. Barton,
Deputy Clerk of Councils.
