Hong Kong Ordinances

CRIMINAL PROCEDURE ORDINANCE - SECT 109E

Discovery of further offences

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 25 of 1998 s. 2; 39 of 1999 s.
3

(1) If it appears to a judge, a District Judge or a magistrate that an
offender has been convicted in Hong Kong of an offence punishable with
imprisonment committed during the operational period of a suspended sentence
and that he has not been dealt with in respect of the suspended sentence, the
judge, District Judge or magistrate may issue a summons requiring the offender
to appear at the place and time specified therein, or may, subject to the
following provisions of this section, issue a warrant for his arrest. (Amended
39 of 1999 s. 3)

(2) A magistrate shall not issue a summons under this section except on
information and shall not issue a warrant under this section except on
information in writing and on oath.

(3) A summons or warrant issued under this section shall direct the offender
to appear or to be brought before the court by which the suspended sentence
was passed, but if a warrant is so issued requiring him to be brought before
the Court of First Instance or the District Court and he cannot forthwith be
brought before that court because that court is not being held, the warrant
shall have effect as if it directed him to be brought before a magistrate and
the magistrate shall commit him in custody or on bail to the Court of First
Instance or District Court. (Amended 25 of 1998 s. 2) (Added 5 of 1971 s. 11)
[cf. 1967 c. 80 s. 42 U.K.]