Page:Safeguarding National Security Ordinance.pdf/118

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Safeguarding National Security Ordinance

Part 7—Division 1
Ord. No. 6 of 2024
Section 78
A651

(ii) the period for which the arrested person is delivered to the police for detention in their custody is authorized.

(4) If the magistrate authorizes, under subsection (1), an extension (or further extension) of the period of detention of the arrested person in police custody (extended period), then, unless the person is charged, the person must be discharged, in circumstances in which section 52(3) of Cap. 232 applies, on or before the expiry of the extended period.

(5) If the magistrate refuses the application under subsection (1), then, unless the arrested person is charged, the arrested person must be discharged, in circumstances in which section 52(3) of Cap. 232 applies—

(a) for the first application after the arrested person’s arrest—
(i) on or before the expiry of the first detention period; or
(ii) if the first detention period has expired when the application is refused—at the conclusion of the hearing of the application; and
(b) for any subsequent application—
(i) on or before the expiry of the last extended period; or
(ii) if the last extended period has expired when the application is refused—at the conclusion of the hearing of the application.

(6) Despite subsections (4) and (5), if, before the expiry of the period under subsection (4) or (5) (as applicable), the police officer who laid the information no longer has reasonable grounds to believe that the circumstances