1961-HKRS29-8-28_Part04 — Page 7

Amendment

of section 4.

3.

નું E

2

Section 4 of the principal Ordinance is amended- (a) by the deletion of subsection (1) and the substitution therefor

of the following--

"(D) 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 Supreme Court or by the District Court such order shall not be discharged except by the court which made the order.":

(b) in subsection (2)—–—–

(i) by the deletion of the words "the offender or by the probationer" and the substitution therefor of the following-

"an offender or by a probationer":

(ii) by the deletion of the full stop at the end of proviso (5) and the substitution therefor of the following-

**; and"; and

(iii) by the addition after proviso (b) of the following-

"(c) where the probation order was made by the Supreme Court or the District Court, the order shall not be amended except by the court which made the order.":

(c) in subsection (4) by the deletion of the words "report on the case to the court by which such probation order or such amending order, as the case may be, was made" and the sub- stitution therefor of the following-

"report on the case to a magistrate's court or, where the order was made or amended by the Supreme Court or the District Court, to the Supreme Court or the District Court, as the case may be"; and

(d) by the deletion of subsection (6) and the substitution therefor

of the following-

"(6) Where, under any of the provisions of this Ordinance, a probation order is discharged or amended or the probatiouer is sentenced for the offence for which he was placed on probation, the court shall send for the record in which the original order of probation appears and shall endorse thereon any order it may make or any sentence it may pass, as the case may be, and where the probationer is sentenced for the offence for which he was placed on probation, the probation order shall cease to have effect.".

4.

3

Section 5 of the principal Ordinance is amended-

(a) in subsection (1) by the deletion of the full stop at the end thereof and the substitution therefor of the following-

or may, if the information is in writing and on oath, issue a warrant for his arrest.":

(b) in subsection (2)—–

(i) by the deletion of the word "probitioner" and the sub- stitution therefor of the following-

"probationer"; and

() by the insertion after the words "without prejudice to the continuance of the probation order," of the following-

"caution him or"; and

(c) in subsection (4) by the deletion of the words "the sum adjudged to be paid by a conviction" and the substitution therefor of the following-

5.

F

"a sum adjudged to be paid by a conviction (which expression includes any costs, damages or compensation adjudged to be paid by the conviction of which the amount is ascertained by the conviction)".

Section 6 of the principal Ordinance is amended-

(a) in subsection (3) by the insertion after the words "to appear

or be brought before the court" of the following-

"by which the summons or warrant was issued or before the court":

(b) in subsection (5) by the deletion of the words "by which a probation order or an order for conditional discharge was made" and the substitution therefor of the following-

"before which a probationer or a person subject to an order for conditional discharge appears or is brought pursuant to this section": and

(c) in subsection (6) by the deletion of the word "maner" and

the substitution therefor of the following-

"manner".

This printed impression has been carefully compared by me with the Bill which passed the Legislative Council on the 27th day of December, 1961, and is found by me to be a true and correctly printed copy of the said Bill.

Wha

Deputy Clerk of Councils.

(Secretariat GR27/3231/53)

Amendment

of section. 5.

Amendment

of section G.