TNAG-0258-FCO40-294-Legislation-relating-to-criminal-procedure-in-Hong-Kong-1971 — Page 43

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(6) For the purposes of any Ordinance con-

ferring rights of appeal in criminal cases any such

order made by a court shall be treated as a sentence

passed on the offender by that oourt for the offence

:

for which the suspended sentence was passed.

Court by which

suspended sentence is to be

dealt with. 1967, c. 80, s. 41.

109D. (1) an offender may be dealt with in

respect of a suspended sentence by any court before

which he appears or is brought.

(2) Where an offender is convicted by a

magistrate of an offence punishable with imprisonment

and the magistrate is satisfied that the offence was

committed during the operational period of a suspended

sentence passed by the Supreme Court or the District

Court

(a)

the magistrate may, if he thinks fit,

commit him in custody or on bail to the

court having power to deal with him in

respect of the suspended sentence; and

(b)

if he does not, shall give written notice

of the conviction to the clerk of the court

by which the suspended sentence was passed.

(3) The court to which a magistrate commits an

offender under subsection (2) shall be the court by

which the suspended sentence was passed, except that

the magistrate may commit him to some other court if,