Safeguarding National Security Ordinance
Part 7—Division 1
Ord. No. 6 of 2024
Section 78
A649
78. Court decisions on applications for extension of detention period
(1) If the magistrate hearing the application is satisfied that there are reasonable grounds to believe that an extension (or further extension) of the period of detention of the arrested person in police custody is justified, the magistrate may authorize the period of detention of the arrested person in police custody without charge to be—
- (a) for the first application after the arrested person’s arrest—extended for a period not exceeding 7 days after the expiry of the first detention period; and
- (b) for any subsequent application—further extended, with each period of extension not exceeding 7 days, and with the period of extension also not causing the total period of detention of the arrested person to exceed 14 days after the expiry of the first detention period.
(2) For the purposes of subsection (1), an extension (or further extension) of the period of detention of the arrested person in police custody is justified only if—
- (a) the investigation of the offence is being diligently and expeditiously conducted by the police, and cannot reasonably be completed before the date of the application; and
- (b) the detention of the arrested person without charge is necessary for securing or preserving the evidence of the offence or for obtaining the evidence by questioning the person.
(3) An authorization given under subsection (1)—
- (a) must be in writing; and
- (b) must state—
- (i) the time at which the authorization is given; and
