36
CAP. 221]
Criminal Procedure
[1988 Ed.
(2) The punishment awarded against such person shall not exceed the punishment which could have been awarded for the offence actually committed, according to the proper legal designation thereof, and no person so convicted shall be liable to be afterwards prosecuted for any such offence on the same facts.
Computation of sentences of imprisonment
67A. (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.
(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.
(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" includes the District Court and a magistrate.
(Replaced, 46 of 1983, s. 2) [cf. U.K. 1967 c. 80, s. 67]
6/9056
Cumulative sentences
is at the same time.
A
68. Where the court sentences any person to undergo a term of imprisonment for an offence, and such person is already undergoing, or has been at the same session of the court sentenced to undergo, imprisonment for another offence, it shall be lawful for the court to direct that such imprisonment shall commence at any time during or at the expiration of the term of imprisonment which such person is then undergoing or has been so previously sentenced to undergo, as aforesaid. (Amended, 46 of 1983, s. 3)
[cf. U.K. 1827 c. 28, s. 10]