TNAG-0258-FCO40-294-Legislation-relating-to-criminal-procedure-in-Hong-Kong-1971 — Page 41

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Power of court on conviction of further offence to deal with suspended sentence. 1967, c.80, s. 40.

1090. (1) If an offender is convicted of an

offence punishable with imprisonment committed during

the operational period of a suspended sentence and

either he is so convicted by or before a court having

power under section 109D to deal with him in respect

of the suspended sentence or he subsequently appears

or is brought before such a court, then, unless the

sentence has already takon effect, that court shall

consider his case and deal with him by one of the

following methods -

(a) the court may order that the suspended

sentence shall take effect with the

original term unaltered;

(b) it may order that the sentence shall take

effect with the substitution of a lesser

term for the original torm;

(c) it may by order vary the original order

under subsection (1) of section 109B by sub-

stituting for the period specified therein

2 period expiring not later than three years

from the date of the variation; or

(a) it may make no order with respect to the

suspended sentence,

and a court shall make an order under paragraph (a) of

this subsection unless the court is of opinion that