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Restriction on punishment of probationer.
(Cap. 222.)
Discharge, amendment and review of
probation orders.
[cf. 1948 c. 58, Schedule 1.1
CAP. 298]
Probation of Offenders
[1987 Ed.
3A. An offender in whose case a probation order is made may in addition be sentenced under the Corporal Punishment Ordinance to be caned, but save as aforesaid an offender in whose case a probation order is made shall not be sentenced.
4.
(Added, 20 of 1971, s. 3)
(1) Any court may upon application made by the probation officer responsible for the supervision of an offender or by a probationer discharge a probation order:
Provided that if the probation order was made by the High Court or by the District Court such order shall not be discharged except by the court which made the order. (Replaced, 54 of 1961, s. 3)
(2) Any court may, upon application made by the probation officer responsible for the supervision of an offender or by a probationer, by order amend a probation order by cancelling any of the requirements thereof or by inserting therein (either in addition to or in substitution for any such requirement) any requirement which could be included in the order if it were then being made by that court in accordance with the provisions of section 3(2): (Amended, 54 of 1961, s. 3)
Provided that-
(a) a court shall not amend a probation order or reducing the probation period, or by extending that period beyond the end of 3 years from the date of the original probation order;
(b) a court shall not so amend a probation order that the probationer is thereby required to reside in an approved institution for any period exceeding 12 months in all; and (Amended, 54 of 1961, s. 3)
(c) where the probation order was made by the High Court or the District Court, the order shall not be amended except by the court which made the order. (Added, 54 of 1961, s. 3)
(3) Where a court proposes to amend a probation order under this section, otherwise than on the application of the probationer, it shall summon him to appear before the court; and if the probationer is not less than 14 years of age, the court shall not amend a probation order unless the probationer expresses his willingness to comply with the requirements of such probation order as amended:
Provided that this subsection shall not apply to an order cancelling a requirement of a probation order or reducing the period of any requirement thereof.
(4)-(5) [Deleted, 76 of 1979, s. 2]
(6) Where, under any of the provisions of this Ordinance, a probation order is discharged or amended or the probationer is sentenced for the offence for which he was placed on probation, the
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