1956-HKRS28-8-23_Part03 — Page 33

(Cap. 227).

(Cap. 221).

Probation. [ 11 & 12, Geo, VI, c. 68, a 3.1

"probation order" has the meaning assigned to it by section 3 of

this Ordinance ;

"probationer" means a person for the time being under super-

vision by virtue of a probation order;

"probation period" means the period for which a probationer is

placed under supervision by a probation order; "principal probation officer" means the person appointed to be the principal probation officer under section g of this Ordinance;

"probation officer" means a person appointed to be a probation

officer under section 9 of this Ordinance;

"probation committee" means a committee appointed by the

Governor under section 10 of this Ordinance;

"conditional discharge" means a conditional discharge made under the provisions of section 35 of the Magistrates Ordinance or section 108 of the Criminal Procedure Ordinance.

3.

(1) Where a court by or before which a person is con- Victed of an offence (not being an offence the sentence for which is fixed by law) is of the opinion that having regard to the circumstances, including the nature of the offence and the character of the offender, it is expedient to do so, the court may, instead of sentencing him, make a probation order, that is to say, an order requiring him to be under the supervision of a probation officer for a period to be specified in the order of not less than one year nor more than three years.

(2) A probation order may in addition require the offender to comply during the whole or any part of the probation period with such requirements as the court, having regard to the circumstances of the case, considers necessary for securing the good conduct of the offender or for preventing a repetition by him of the same offence or the commission of other offences:

Provided that (without prejudice to the power of the court to make an order under subsection (2) of section 7 of this Ordinance) the payment of sums by way of damages for injury or compensation for loss shall not be included among the require- ments of a probation order.

(3) Without prejudice to the generality of subsection (2) ot this section, a probation order may include requirements relating to the residence of the offender:

Provided that-

(a) before making an order containing any such require- ments, the court shall consider the home surroundings of the offender; and

(b) where the order requires the offender to reside in an approved institution, the name of the institution and the period for which he is so required to reside shall be specified in the order, and that period shall not extend beyond twelve months from the date of the order.

(4) Before making a probation order, the court shall explain, or cause to be explained, to the offender in a language understood by him the effect of the order (including any additional require- ments proposed to be inserted therein under subsection (2) or subsection (3) of this section) and that if he fails to comply there- with or commits another offence he will be liable to be sentenced for the original offence; and if the offender is not less than fourteen years of age the count shall not make the order unless he expresses his willingness to comply with the requirements thereof,

(5) A probationer shall be subject to the supervision of the probation officer appointed or assigned to the area in which such probationer may from time to time reside, or to such other pro- bation officer as the principal probation officer may nominate.

(6) The probation officer under whose supervision a woman or girl is placed shall be a woman.

(7) The court by which a probation order is made, or any court by which an order is made under subsection (2) of section 4 of this Ordinance amending any such probation order, shall forth- with give copies of such order, or such amending order as the case may be, to the probation officer responsible for the supervision of the probationer and he shall give a copy thereof to the probationer and to the person in charge of any institution in which the proba- tioner is or was by such order or such amending order required to reside.