Hong Kong Ordinances

CRIMINAL PROCEDURE ORDINANCE - SECT 109D

Court by which suspended sentence is to be dealt with

(Past version on 30/06/1997).

Amendments retroactively made - see 25 of 1998 s. 2

(1) An offender may be dealt with in respect of a suspended sentence by any
court before which he appears or is brought.

(2) Where an offender is convicted by a magistrate of an offence punishable
with imprisonment and the magistrate is satisfied that the offence was
committed during the operational period of a suspended sentence passed by
the Court of First Instance or the District Court- (Amended 25 of 1998 s. 2)

   (a)  the magistrate may, if he thinks fit, commit him in custody or on bail
        to the court having power to deal with him in respect of the suspended
        sentence; and

   (b)  if he does not, shall give written notice of the conviction to the
        clerk of the court by which the suspended sentence was passed.

(3) The court to which a magistrate commits an offender under subsection (2)
shall be the court by which the suspended sentence was passed, except that the
magistrate may commit him to some other court if, having regard to the time
when and the place where he is likely to be dealt with in respect of the
suspended sentence by the court by which that sentence was passed, it would be
more convenient that he should be dealt with by that other court.

(4) For the purpose of this section and section 109E a suspended sentence
passed on an offender on appeal shall be treated as having been passed by
the court by which he was originally sentenced. (Added 5 of 1971 s. 11) [cf.
1967 c. 80 s. 41 U.K.]