Hong Kong Ordinances

CRIMINAL PROCEDURE ORDINANCE - SECT 67A

Computation of sentences of imprisonment

(1) The length of any sentence of imprisonment imposed on a person by a court
shall be treated as reduced by any period during which he was in custody by
reason only of having been committed to custody by an order of a court made in
connection with any proceedings relating to the sentence or the offence for
which it was passed, or with any proceedings from which those proceedings
arose, but where the person was, in respect of the offence for which the
sentence of imprisonment was imposed, subject to an earlier order made under-

   (a)  section 3 of the Probation of Offenders Ordinance ( Cap 298);

   (b)  section 36 of the Magistrates Ordinance ( Cap 227); or

   (c)  section 109B of this Ordinance, any such period of custody falling
        before the earlier order was made shall be disregarded for the
        purposes of this section.

(1A) The length of any sentence of imprisonment imposed on a person by a court
shall also be treated as reduced by any period during which he was,
immediately prior to his first appearance in court in connection with any
proceeding relating to the offence for which the sentence of imprisonment was
imposed, in custody-

   (a)  of the police, Customs and Excise Department or Independent Commission
        Against Corruption in connection with that offence; or

   (b)  under Part VII of the Immigration Ordinance ( Cap 115) in connection
        with that offence. (Added 13 of 1995 s. 54)

(2) For the purposes of this section a suspended sentence shall be treated as
a sentence of imprisonment when it takes effect under section  109C and as
being imposed by the order under which it takes effect.

(3) No period of custody, other than a period which would have been taken into
account immediately before the commencement of the Criminal Procedure
(Amendment) Ordinance 1983 (46 of 1983) for the purpose of reducing a term of
imprisonment, shall be taken into account for the like purpose under this
section unless it falls after the commencement of the Criminal Procedure
(Amendment) Ordinance 1983 (46 of 1983).

(3A) No period of custody, other than a period which would have been taken
into account immediately before the commencement of the amendment to this
section effected by the Administration of Justice (Miscellaneous Provisions)
Ordinance 1995 (13 of 1995) for the purpose of reducing a term of
imprisonment, shall be taken into account for the like purpose under this
section unless it falls after that commencement. (Added 13 of 1995 s. 54)

(4) Any reference in this or any other Ordinance to the length of any sentence
of imprisonment shall, unless the context otherwise requires, be construed as
a reference to the sentence pronounced by the court and not the sentence as
reduced by this section.

(5) In this section "court" (法庭) includes the District Court and a
magistrate. (Replaced 46 of 1983 s. 2) [cf. 1967 c. 80 s. 67 U.K.]

"court" (法庭)