1973-HKRS28-16-21_Part04 — Page 8

(Cap. 2340

(12 of 1972)

(Cap. 2800)

(b) committed the present offence less than three

years after-

(1) the preceding occasion on which he was convicted of a scheduled offence; or

(ii) the date of his release after serving a custodial sentence for that offence. whichever is the later;

(c) has been convicted on at least 3 previous occasions (whether before or after the com- mencement of this section) since he attained the age of 17 of scheduled offences; (d) was on at least two of those previous occasions sentenced to a custodial sentence; and

(e) has been sentenced on one or more of such previous occasions to an aggregate total of not less than 2 years' imprisonment (any sentence which is concurrent with another sentence of imprisonment being disregarded to the extent of such concurrence), and the court is satisfied that it is expedient for the protection of the public that he should be detained in custody for a substantial time, the court may pass. in addition to any other sentence imposed for the present offence, a sentence of preventive detention for such term of not less than 5 nor more than 14 years, as the court may determine.

(2) A sentence of preventive detention shall commence after the expiry of any sentence of im- prisonment imposed for the present offence.

(3) A person sentenced to preventive detention shall be detained in an institution for the term of his sentence, and while so detained shall be treated in such manner as may be prescribed by rules which may be made under the Prisons Ordinance as if such institution were a prison.

(4) In this section and section 109- "court" means the Supreme Court and the District

Court:

"custodial sentence" means a sentence of imprison. ment, a detention order under the Detention

Centres Ordinance, a sentence of detention in a training centre under the Training Centres

Seventh Schedale.

(Cap. 5.)

Applications for purpose of section 1091

3

Ordinance and detention under an order for detention under section 70 of the Criminal Pro- cedure Ordinance;

"scheduled offence” means any offence specified in the

Seventh Schedule."

(5) The District Court shall have power to pass a sentence of preventive detention, notwithstanding the provisions of section 36 of the District Court Ordinance.

(6) The Legislative Council may by resolution amend the Seventh Schedule.

1093. (1) A court may sentence an offender to preventive detention only where an application under this section is made by the Attorney General within 30 days after the conviction of the offender for the present offence to the court which dealt with that offence.

(2) For the purpose of determining whether an offender is liable to be sentenced to preventive deten- tion, no account shall be taken of any previous con- viction or sentence unless notice has been given to the offender and to the proper officer of the court at least 7 days before the hearing of the application that it is intended to prove the conviction or sentence; and unless any such previous conviction or sentence is admitted by the offender the question shall be deter- mined by the court,

(3) For the purposes of this section, evidence that a person has previously been sentenced to preven- tive detention shall be evidence of the convictions and sentence which rendered him liable to that sentence.

(4) Before sentencing an offender to preventive detention, the court shall consider any report or representations which may be made to the court by or on behalf of the Commissioner of Prisons on the offender's physical and mental conditions and his suitability for such a sentence.

(5) A copy of any report or representations in writing made to the court by the Commissioner of Prisons for the purpose of subsection (4) shall be given by the court to the offender or his counsel or solicitor.".