Hong Kong Ordinances

CRIMINAL PROCEDURE ORDINANCE - SECT 109B

Suspended sentences of imprisonment

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 39 of 1999 s. 3

Suspended sentences

(1) A court which passes a sentence of imprisonment for a term of not more
than 2 years for an offence, other than an excepted offence, may order that
the sentence shall not take effect unless, during a period specified in the
order, being not less than 1 year nor more than 3 years from the date of the
order, the offender commits in Hong Kong another offence punishable with
imprisonment and thereafter a court having power to do so orders under
section 109C that the original sentence shall take effect. (Amended 39 of 1999
s. 3)

(2) A court which passes a suspended sentence on any person for an offence
shall not make a probation order in his case in respect of another offence of
which he is convicted by or before the court or for which he is dealt with by
the court.

(3) On passing a suspended sentence the court-

   (a)  may impose such conditions as it thinks fit;

   (b)  shall explain to the offender in ordinary language his liability under
        section 109C if during the operational period he commits an offence
        punishable with imprisonment or breaks any condition imposed under
        paragraph (a).

(4) If a court has passed a suspended sentence on any person, and that person
is subsequently sentenced to detention in a training centre, he shall cease to
be liable to be dealt with in respect of the suspended sentence unless the
subsequent sentence or any conviction or finding on which it was passed is
quashed on appeal.

(5) Subject to any provision to the contrary contained in this or any other
Ordinance-

   (a)  a suspended sentence which has not taken effect under section  109C
        shall be treated as a sentence of imprisonment for the purposes of all
        Ordinances except any Ordinance which provides for disqualification
        for or loss of office, or forfeiture of pensions, of persons sentenced
        to imprisonment; and

   (b)  where a suspended sentence has taken effect under section 109C, the
        offender shall be treated for the purposes of the said excepted
        Ordinances as having been convicted on the ordinary date on which the
        period allowed for making an appeal against an order under
        section 109C expires or, if such an appeal is made, the date on which
        it is finally disposed of or abandoned or fails for non-prosecution.
        (Added 5 of 1971 s. 11) [cf. 1967 c. 80 s. 39 U.K.]