Page:Prevention of Bribery Ordinance 1970 (Cap. 201).pdf/18

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A546
Ord. No. 102/70
PREVENTION OF BRIBERY

(b) until the expiry of the period of twenty-eight days from the date of his committal to prison as aforesaid; or
(c) until a magistrate, by order in that behalf, orders and directs the Commissioner of Prisons to discharge such person from prison (which order shall be sufficient warrant for the Commissioner of Prisons so to do),

whichever occurs first.

(6) The provisions of section 62 (power to reduce or vary security), section 63 (recognizance taken out of court), section 64 (mode of giving security and enforcement thereof) and section 65 (enforcing recognizance for appearance) of the (Cap. 227.)Magistrates Ordinance shall apply, mutatis mutandis, to recognizances under this section.

(7) Proceedings before a magistrate under this section shall be deemed to be a proceeding which a magistrate has power to determine in a summary way within the meaning of section 105 and subsection (3) of section 113 of the (Cap. 227.)Magistrates Ordinance, and, accordingly, the provisions of Part VII of that Ordinance (which relate to appeals) shall apply, mutatis mutandis, to appeals against an order or determination of a magistrate under this section.

(8) All proceedings before a magistrate under this section shall be conducted in chambers.

PART IV.
Evidence.

Custom not to be a defence. 19. In any proceedings for an offence under this Ordinance, it shall not be a defence to show that any such advantage as is mentioned in this Ordinance is customary in any profession, trade, vocation or calling.

Admissibility of accused’s declarations and statements. 20. In any proceedings against a person for an offence under this Ordinance—

(a) any statutory declaration or statement in writing furnished by him in compliance or purported compliance with the terms of a notice served upon him under paragraph (a) or (b) of subsection (1) of section 14 shall be admissible in evidence and, if such person tenders himself as a witness, any such declaration or statement may be used cross-examination and for the purpose of impeaching his credit;