AmendmenL
of section HOR.
Repeal and replacement
of section
115.
(O.NA. 69/39).
3.
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conviction or, in the case of an appeal against sentence, of his sentence to the expiration of tea days after the date on which he received a notice given-
(1) in the case of
protected prisoner of war, by an officer of Her Majesty's Forces;
(i) in the case of a protected internce, by or on behalf of the Commissioner of Prisons,
that the protecting power has been notified of bis conviction and sentence.
(b) For the purposes of this subsection the expressions "protected prisoner of war". "protected internee” and "the protecting power" have the meanings assigned to them by the Geneva Conventions Act, 1957, as applied to Hong Kong by the Geneva Conventions Act (Colonial Territories) Order in Council, 1959.".
ין
Subsection (1) of section 108 of the principal Ordinance is amended by the deletion of the words-
4.
"or that it is expedient to release the offender on probation”.
Section 115 of the principal Ordinance is repealed and replaced by the following-
**Powers of court in relation to fines and torteiled
recogni- dances,
115. (1) Subject to the provisions of this section, where a fine is imposed by, or a recognizance is forfeited before, a court, an order may be made in accordance with the provisions of this section-
(a) allowing time for the payment of the amount of the fine or the amount due under the recognizance; (6) directing payment of the said amount by instal
ments of such amounts and on such dates respectively as may be specified in the order; (c) fixing a term of imprisonment which the person liable to make the payment is to undergo if any sum which he is liable to pay is not duly paid or recovered:
(d) in the case of a recognizance, discharging the recognizance or reducing the amount due there- under:
Provided that any term of imprisonment fixed under this subsection in default of payment of a fine shall not exceed twelve months.
017 of 1954, Schedule),
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(2) Where any person liable for the payment of a fine or a sum due under recognizance to which this section applies is sentenced by the court to, or is serving or otherwise liable to serve, a term of imprisonment, the court may order that any term of imprisonment fixed under paragraph (c) of subsection (1) shall not begin to run until after the end of the first-mentioned term of imprisonment.
(3) The power conferred by this section to discharge a recognizance or reduce the amount due thereunder shall be in addition to the powers conferred by any other enact- ment relating to the discharge, cancellation, mitigation or reduction of recognizances or sums forfeited thereunder.
(4) Where any such order as aforesaid is made direct- ing payment by instalments of a fine or the amount due under a recognizance, and default is made in the payment of any one instalment, the same proceedings may be taken as if default had been made in payment of all the instał- ments then remaining unpaid.
(5) Where any such order as aforesaid is made fixing a term of imprisonment în default of payment of a fine or the amount due under a recognizance, then-
(a) on payment of the fine or the said amount to the officer responsible for the recovery thereof, or (if the person in respect of whom the order was made is in prison) to the Commissioner of Prisons, the order shall cease to have effect; and, if the said person is in prison and is not liable to be detained for any other cause, he shall forthwith be discharged;
(b) on payment to the said officer or to the Com- missioner of Prisons of a part of the fine or of the amount due under the recognizance, the total number of days in the term of imprisonment shall be reduced proportionately, that is to say, by such number of days as bears to the said total number of days less one day the proportion most nearly approximating to, without exceeding, the pro- portion which the part paid bears to the amount of the fine or the amount due under the recongizance.
(6) In reducing the number of days in the term of imprisonment under paragraph (5) of subsection (5), the term of such imprisonment to be reduced shall be deemed, at any given time, to have been reduced by any period of remission earned under the Prison Rules, 1954.