1956-HKRS28-8-23_Part03 — Page 36

Supple- mentary provisions 88 to probation and discharge.

(Cap. 226). Jef. 11 &

12 Geo, VI, c. 58, $ 11.] (Cap. 227).

deal with him, for the offence for which the order was made, in any maner in which the magistrate's court by which the order was made could deal with him if he had just been tried for or convicted of that offence by or before that court.

7. (1) Without prejudice to the provisions of paragraph (j) of section 18 of the Juvenile Offenders Ordinance (which enables a court to order the parent or guardian of a child or young person charged with an offence to give security for his good behaviour), any court may, on making a probation order or an order for con- ditional discharge, if it thinks it expedient for the purpose of the reformation of the offender, allow any person who consents to do so to give security for the good behaviour of the offender; and section 63 of the Magistrates Ordinance shall apply to any such security as if it were a security given under the provisions of that Ordinance by a surety.

(2) A court, on making a probation order or an order for conditional discharge may, without prejudice to its

power of awarding costs against him, order the offender to pay such damages for injury or compensation for loss as such court thinks reasonable; but, in the case of an order made by a magistrate's court, the damages and compensation together shall not exceed five hundred dollars.

(3) An order for the payment of damages or compensation as aforesaid may be enforced in like manner as an order for the payment of costs by the offender; and where a court, in addition to making such an order for the payment of damages or com- pensation to any person, orders the offender to pay to that person any costs, the orders for the payment of damages or compensation and for the payment of costs may be enforced as if they constituted a single order for the payment of costs.

(4) In proceedings before the Supreme Court under the fore- going provisions of this Ordinance, any question whether a probationer has failed to comply with the requirements of the probation order or has been convicted of an offence committed during the probation period, and any question whether any person in whose case an order for conditional discharge has been made has been convicted of an offence committed during the period of conditional discharge, shall be determined by the court and not by the verdict of a jury.

(5) When a court makes any order under the provisions of fef. No. 27 this section, then if the offender-

(Singapore)

of 1951

(a) is under fourteen years of age, such order shall be * 10(6)]

enforced against the parent or guardian of the offender;

(b) is under sixteen years of age, such order may be enforced either against the parent or guardian of the offender or against the offender as to the court seems just in any particular case.

and

8. (1) Subject as hereinafter provided, a conviction of an Effects of offence for which a probation order or an order for conditional probation discharge is made shall be deemed not to be a conviction for any discharge. purpose other than the purposes of the proceedings in which the ef. 11 &

12 Geo. VI, order is made and of any subsequent proceedings which may be a 58. taken against the offender under the foregoing provisions of this *. 12.]

Ordinance:

Provided that where an offender, being not less than sixteen years of age at the time of his conviction of an offence for which he is placed on probation or conditionally discharged, is sub- sequently sentenced under this Ordinance for that offence, the provisions of this subsection shall cease to apply to the conviction.

(2) Without prejudice to the foregoing provisions of this section, the conviction of an offender who is placed on probation or conditionally discharged shall in any event be disregarded for the purposes of any enactment which imposes any disqualification or disability upon convicted persons, or authorizes or requires the imposition of any such disqualification or disability.

(3) The foregoing provisions of this section shall not affect- (a) any right of any such offender as aforesaid to appeal against his conviction, or to rely thereon in bar of any subsequent proceedings for the same offence;

(b) the revesting or restoration of any property in con-

sequence of the conviction of any such offender.

9. (0) The Governor may by notification in the Gazette Appoint appoint a principal probation officer, and probation officers of ment of

probation either sex.

officers.

(2) Any person appointed as a probation officer or assistant probation officer under the provisions of the Juvenile Offenders (Cap. 226). Ordinance, prior to the coming into operation of this Ordinance, shall be deemed to have been duly appointed as a probation officer under this section.