1988 Ed.]
Criminal Procedure
[CAP. 221
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personal property of such person and for taking into custody the body of such person, in case sufficient real or personal property is not found whereon levy may be made.
Apprehension and detention of person making default where recognizance is unsatisfied
112. Every person who is arrested under the provisions of section 111 shall be committed to prison and be there kept until ordered to appear before the court on such day as the Registrar may appoint, there to abide the decision of the court, unless in the meantime the forfeited recognizance, or a sum of money in lieu or satisfaction thereof, is paid, together with all costs and expenses in consequence of his arrest and detention:
Provided that if any person so arrested and imprisoned gives to the bailiff good and sufficient bail for his appearance before the court on the appointed day, to abide the decision of the court, and for the payment of the forfeited recognizance or a sum of money in lieu or satisfaction thereof, together with such costs as may be awarded by the court, then it shall be lawful for the bailiff, and he is hereby required, forthwith to cause such person to be discharged out of custody.
(Amended, 50 of 1911, s. 4 and 63 of 1971, s. 8)
Failure of such person when released to appear on appointed day
113. If such person fails to appear before the court on the appointed day in pursuance of his undertaking in that behalf, the court may order that a writ of execution be issued from the Registrar's office against the surety or sureties of the person so bound as aforesaid, and such writ shall be delivered to the bailiff, who shall proceed as therein directed: (Amended, 63 of 1971, s. 9)
Provided that the court may, in its discretion, order the discharge of the whole or any part of the forfeited recognizance or of the sum of money paid or to be paid in lieu or satisfaction thereof.
Power of court to fine
General power to fine
113A. (1) Where a person is convicted of any offence, other than an offence for which the sentence is fixed by law, the court may, if it is not precluded from sentencing him by the exercise of some other power (such as the power to make a probation order under section 3 of the Probation of Offenders Ordinance (Cap. 298)), impose a fine in lieu of or in addition to dealing with such person in any other way in which the court has power to deal with him, subject however to any enactment requiring him to be dealt with in a particular way.
(2) If the court imposes a fine on any person under subsection (1), the court may make an order-
(a) allowing time for the payment of the amount of the fine; and