Hong Kong Ordinances

MAGISTRATES ORDINANCE - SECT 36

Power to permit conditional release of offenders

Special provisions

(1) Where any person is charged before a magistrate with an offence punishable
on summary conviction, and the magistrate thinks that the charge is proved but
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 magistrate, after conviction, may make an order
either-

   (a)  discharging the offender absolutely; or

   (b)  discharging the offender conditionally on his entering into a
        recognizance, with or without sureties, in a sum not greater than
        $2000, 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. (See Forms 10, 11, 11A) (Replaced 16 of 1960
        s. 3. Amended 51 of 1981 s. 4; 55 of 1986 s. 7)

(2) The magistrate may, where he makes an order under this section, further
order that the offender shall pay such costs of the proceedings

(not exceeding $2000 or, if a higher limit is fixed by any enactment relating
to the offence, that higher limit) as he thinks reasonable. (See Forms 26, 33,
34) (Amended 48 of 1972 s. 4; 51 of 1981 s. 4)

(3) An order made by a magistrate under this section shall, for the purpose of
revesting or restoring stolen property and of enabling the magistrate to make
orders as to the restitution or delivery of property to the owner and as to
the payment of money upon or in connection with such restriction or delivery,
have the like effect as a conviction.

(4) The magistrate may order the defendant in default of compliance with any
order made under subsection (2) to be imprisoned for 6 months. (Amended 48 of
1949 s. 6; 30 of 1958 Schedule) (Replaced 24 of 1949 s. 11) [cf. 1907 c. 17 s.
1 U.K.]