Hong Kong Ordinances

COMMUNITY SERVICE ORDERS ORDINANCE - SECT 8

Breach of section 6

(Past version on 30/06/1997).

Amendments retroactively made - see 25 of 1998 s. 2 PART III

BREACHES AND VARIATION OF COMMUNITY SERVICE ORDERS

(1) An offender who fails to comply with section 6(1) (whether by reason of a
failure satisfactorily to comply with the conditions or requirements of his
community service order, or otherwise) may be dealt with in accordance with
this section.

(2) If at any time while a community service order is in force in respect of
an offender it appears on information to a magistrate that the offender has
failed to comply with section 6(1), the magistrate may issue a summons
requiring the offender to appear before a magistrate at the time specified
therein, or may, if the information is in writing and on oath, issue a warrant
for his arrest.

(3) If it is proved to the satisfaction of the magistrate before whom an
offender appears or is brought under this section that he has failed without
reasonable excuse to comply with section 6(1) the magistrate may, without
prejudice to the continuance of the order, impose on him a fine not exceeding
$1000 or may-

   (a)  if the community service order was made by a magistrate revoke the
        order and deal with the offender, for the offence in respect of which
        the order was made, in any manner in which the offender could have
        been dealt with for that offence by the magistrate who made the order
        if the order had not been made;

   (b)  if the order was made by the Court of First Instance or District
        Court, commit the offender to custody or release him on bail

(with or without sureties) until he can be brought or appear before the Court
of First Instance or District Court, as the case may be. (Amended 25 of 1998
s. 2)

(4) Where a magistrate deals with an offender's case under subsection (3)(b)-

(a) the magistrate shall send to the Court of First Instance or District Court
a certificate signed by the magistrate certifying that the offender has failed
to comply with section 6(1) in the respect specified in the certificate,
together with such other particulars of the case as are in the opinion of the
magistrate desirable, and a certificate purporting to be so signed shall upon
its production be admissible without further proof as evidence before the
Court of First Instance or District Court of the failure to comply; and
(Amended 25 of 1998 s. 2)

   (b)  where the offender is brought or appears before the Court of First
        Instance or District Court and that court is satisfied that he has
        failed to comply with section 6(1), that court may either- (Amended 25
        of 1998 s. 2)

        (i)    without prejudice to the continuance of the order, impose on
               the offender a fine not exceeding $1000; or

        (ii)   revoke the order and deal with the offender, for the offence in
               respect of which the order was made, in any manner in which the
               offender could have been dealt with for that offence by the
               court which made the order if the order had not been made.

(5) A fine imposed under this section in respect of a failure to comply with
section 6(1) shall be deemed for the purposes of any enactment to be a sum
adjudged to be paid by a conviction.