Page:Public Order Ordinance 1967 (Cap. 245).pdf/22

A276

the magistrate may, in accordance with section 44, require such person to show cause why he should not be ordered to execute a bond with sureties for his good behaviour for a period not exceeding two years.

44. (1) When a person is required to show cause under section 43, the magistrate shall make an order in writing setting forth—
 * (a) the substance of the information received;
 * (b) the amount of the bond to be executed;
 * (c) the term for which it is in force;
 * (d) the number, character and class of sureties, if any, required.

(2) If a person required to show cause under section 43 is present in court, the order shall be read over to him, and, if necessary, the substance of it explained.

(3) If a person required to show cause under section 43 is not in court, the magistrate shall bring him before the court by summons or by warrant as he deems appropriate in the circumstances of the case.

(4) A summons or warrant issued under subsection (3) shall be accompanied by a copy of the order and such copy shall be delivered by the officer executing the process.

(5) When a person appears or is brought before a court in pursuance of an order as aforesaid, the magistrate shall inquire into the truth of the information as far as is practicable in the manner prescribed for summary trials, except that no charge need be framed.

(6) If the magistrate is satisfied that it is necessary for the maintenance of the peace or of good behaviour, as the case may be, that the person named in the order should execute a bond with or without sureties, he shall make an order accordingly.

(7) If the magistrate is satisfied that it is not necessary to execute a bond, the person named in the order shall be discharged from the inquiry.

(8) A bond executed by a person to keep the peace or be of good behaviour, as the case may be, shall be deemed to be broken by the commission of any offence punishable with imprisonment.

(9) A magistrate may, in his discretion, refuse to accept any person offered as surety for good behaviour.

(10) If any person ordered to give security does not give such security on or before the date of the commencement of such