1956-HKRS28-8-23_Part03 — Page 35

Commis- Bion of further offence.

6

requirements of the probation order as may be specified. in the certificate, together with such other particulars of the case as may be desirable; and a certificate purport- ing to be so signed shall be admissible as evidence of the failure before the Supreme Court or District Court; and (6) where the probationer is brought or appears before the Supreme Court or District Court, and it is proved to the satisfaction of such court that he has failed to comply with any of the requirements of the probation order, the court may deal with him, for the offence in respect of which the probation order was made, in any manner in which the court could deal with him if he had just been tried for or convicted of that offence by or before that

court.

(4) A fine imposed under this section in respect of a failure to comply with the requirements of a probation order shall be deemed for the purposes of any enactment to be the sum adjudged to be paid by a conviction.

6. (0) If it appears to a judge or magistrate on whom jurisdiction is bereinafter conferred that a person in whose case a probation order or an order for conditional discharge has been made has been convicted by any court in the Colony of an offence committed during the probation period or during the period of conditional discharge, and has been dealt with in respect of that offence, the judge or magistrate may issue a summons requiring that person to appear at the place and time specified therein, or may issue a warrant for his arrest:

Provided that a magistrate shall not issue such a warrant except on information in writing and on oath.

(2) The following persons shall have jurisdiction for the purposes of subsection (T) of this section, that is to say-

(a) if the probation order or the order for conditional dis- charge was made by the Supreme Court, a judge of the Supreme Court;

(b) if the order was made by the District Court, a district

judge;

(c) if the order was made by a magistrate's court, or juvenile court, a magistrate or a justice of the peace as the case may be.

(3) A summons or warrant issued under this section shall direct the person so convicted to appear or be brought before the court by which the probation order or the order for conditional discharge was made:

Provided that if that court is the Supreme Court or the District Court and he cannot forthwith be brought before that court a summons or warrant shall have effect as if it directed him to be brought before a magistrate's court or juvenile court and such magistrate's court or juvenile court shall commit him to custody or release him on bail with or without sureties until he can be brought or appear before the Supreme Court or District Court as the case may be.

(4) If a person in whose case a probation order or an order for conditional discharge has been made by the Supreme Court or the District Court is convicted and dealt with by a magistrate's court in respect of an offence committed during the probation period or during the period of conditional discharge, the court may commit him to custody or release him on bail (with or without suretics) until he can be brought or appear before the court by which the order was made; and if it does so the magistrate's court shall send to the Supreme Court or the District Court, as the case may be, a copy of the minute or memorandum of the conviction entered in the register, signed by the magistrate.

(s) Where it is proved to the satisfaction of the court by which a probation order or an order for conditional discharge was made that the person in whose case such order was made has been convicted and dealt with in respect of an offence committed during the probation period, or during the period of conditional discharge, as the case may be, the court may deal with him, for the offence for which the order was made, in any manner in which the court could deal with him if he had just been tried for or convicted of that offence by or before that court,

(6) If a person in whose case a probation order or an order for conditional discharge has been made by a magistrate's court is convicted before the Supreme Court or District Court or another magistrate's court of an offence committed during the probation period or during the period of conditional discharge, the Supreme Court or the District Court or such other magistrate's court may