Hong Kong Ordinances

MAGISTRATES ORDINANCE - SECT 55

Commitment of defendant in first instance

(1) Where the enactment by virtue of which a conviction for a fine or an order
for the payment of money is made makes no provision for such fine or sum being
levied by distress, but directs that, if the same be not paid forthwith or
within a certain time therein mentioned or to be mentioned in the conviction
or order, the defendant shall be imprisoned for a certain time unless such
fine or sum shall be sooner paid, in every such case such fine or sum shall
not be levied by distress; but if the defendant does not pay the same,
together with costs, if awarded, forthwith, or at the time specified in the
conviction or order for the payment of the same, it shall be lawful for a
magistrate to issue his warrant of commitment under his hand and seal,
requiring the police officer to whom the same is directed to take and convey
the defendant to prison and there to deliver him to the Commissioner of
Correctional Services, and requiring the said Commissioner to receive the
defendant and to imprison him for such time as the enactment on which the
conviction or order is founded as aforesaid directs, unless the fine or sum
adjudged to be paid shall be sooner paid. (See Forms 27, 59, 61) (Amended 30
of 1958 Schedule)

(2) A warrant issued under subsection (1) may remain in full force until it is
executed or until it is withdrawn by any magistrate. (Added 32 of 1966 s. 3)
[cf. 1848 c. 43 s. 23 U.K.]