TNAG-0258-FCO40-294-Legislation-relating-to-criminal-procedure-in-Hong-Kong-1971 — Page 40

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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(4) If a court has passed a suspended sentence

on any person, and that person is subsequently

sentenced to detention in a training centre, ho shall

cease to be liable to be dealt with in respect of the

suspended sentence unless the subsequent sentence or

any conviction or finding on which it was passed is

quashed on appeal.

(5) Subject to any provision to the contrary

contained in this or any other Ordinance

(a) a suspended sentence which has not taken

effect under section 1090 shall be treated

as a sentence of imprisonment for the

purposes of all Ordinances except any

Ordinance which provides for disqualifica-

tion for or loss of office, or forfeiture of

ponsions, of persons sentenced to impri-

sonment; and

(b) where a suspended sentence has taken effect

under section 1090, the offender shall be

treated for the purposes of the said

excepted Ordinances as having been con-

victed on the ordinary date on which the

period allowed for making an appeal against

an order under section 1090 expires or, if

such an appeal is made, the date on which

it is finally disposed of or abandoned or

fails for non-prosecution.

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