Persons kept in custody pursuant to undertakings given to prescribed places
Adaptation amendments retroactively made - see 23 of 1998 s. 2; 71 of 1999 s. 3
(a) a person is surrendered to Hong Kong by a prescribed place pursuant to prescribed arrangements;
(b) the Chief Executive has given an undertaking to that place that the person will be kept in custody whilst in Hong Kong; and (Amended 71 of 1999 s. 3)
(c) but for that undertaking, that person is not required by any other provision of this Ordinance or any other law of Hong Kong to be kept in such custody,
(i) notwithstanding any other provision of this Ordinance or any other law of Hong Kong but subject to paragraph (ii), that person shall-
(A) continue to be kept in such custody for a period of 30 days (or such shorter period as the Chief Executive may by order specify) commencing on the day on which, but for that undertaking, he is not required to be kept in such custody; and (Amended 71 of 1999 s. 3)
(B) immediately upon the expiration of that period, be discharged from such custody;
(ii) paragraph (i) shall cease to apply to that person if, on or before the expiration of the period referred to in that paragraph, that person is required to be kept in such custody pursuant to another provision of this Ordinance or any other law of Hong Kong.
(2) Notwithstanding any other provision of this Ordinance or any other law of Hong Kong but without prejudice to the operation of subsection (1)(i)(B), no magistrate or court shall remand or release on bail a person who is the subject of an undertaking referred to in subsection (1) which has not ceased to be binding.
(3) An undertaking referred to in subsection (1) which has not ceased to be binding shall be sufficient authority for-
(a) any person who holds in custody the person who is the subject of the undertaking to release that person into the custody of an authorized officer upon the occurrence of an event specified in the undertaking as an event the occurrence of which requires the return of the person to the prescribed place concerned;
(b) the authorized officer to transport the person in custody so as to enable the person to be placed in the custody of an escort officer of the prescribed place for the purpose of the person's return to the prescribed place. (Amended 23 of 1998 s. 2)