Hong Kong Ordinances

CRIMINAL PROCEDURE ORDINANCE - SECT 107

Power to permit conditional release of offenders

Probation of first offenders

(1) Where any person has been convicted on indictment of any offence
punishable with imprisonment, and the court is of opinion that, having regard
to the character, antecedents, age, health, or mental condition of the person
charged, or to the trivial nature of the offence, or to the extenuating
circumstances under which the offence was committed, it is inexpedient to
inflict any punishment or any other than a nominal punishment, the court may,
in lieu of imposing a sentence of imprisonment, make an order discharging the
offender conditionally on his entering into a recognizance, with or without
sureties, to be of good behaviour and to appear for sentence when called on at
any time during such period, not exceeding 3 years, as may be specified in the
order. (Amended 12 of 1960 s. 3)

(2) The court may, where it makes an order under this section, further order
that the offender shall pay such costs of the proceedings as the court thinks
reasonable. (Amended 48 of 1972 s. 4) (Replaced 27 of 1937 Schedule) [cf. 1907
c. 17 s. 1 (2) & (3) U.K.]