Hong Kong Ordinances

MAGISTRATES ORDINANCE - SECT 68

Scale of imprisonment for non-payment of money, etc.

(Past version on 30/06/1997).

Amendments retroactively made-see 25 of 1998 s. 2 Scale of imprisonment for
non-payment of money, etc.

(1) Unless in any enactment it is otherwise provided, the period of
imprisonment, which may be imposed by a magistrate exercising summary
jurisdiction, in respect of the non-payment of any sum of money adjudged to be
paid by a conviction, whether it be a fine or in respect of the property the
subject of the offence, or in respect of the injury done by the offender, or
in respect of the default of a sufficient distress to satisfy any such sum,
shall be such period as, in the opinion of the magistrate, will satisfy the
justice of the case, but shall not exceed in any case the maximum fixed by the
following scale- (Amended 30 of 1958 Schedule)

Where the amount- the period of
imprisonment is
not to exceed- does not exceed $2000 7 days exceeds $2000 but does not exceed
$5000 14 days exceeds $5000 but does not exceed $10000 1 month exceeds $10000
but does not exceed $25000 3 months exceeds $25000 but does not exceed $50000
6 months exceeds $50000 12 months (Amended 13 of 1995 s. 57)

(2) Where the fine or other sum adjudged to be paid is imposed by a sentence
in addition to a term of imprisonment, the imprisonment imposed under this
section or any other enactment shall commence from the expiration of the term
of imprisonment imposed by the sentence.

(3) The Chief Executive in Council may by order published in the Gazette amend
the monetary amounts in the scale in subsection (1). (Added 13 of 1995 s. 57.
Amended 25 of 1998 s. 2) [cf. 1879 c. 49 s. 5 U.K.]