1950_CRIMINAL_PROCEDURE_ORDINANCE — Page 44

HK Historical Laws 香港歷史法例 All AI Reviewed

CAP. 221]

Provision in case of offender failing to observe conditions of release. 7 Edw. 7, c. 17, s. 6.

(Cap. 226.)

Conditions as to abode

of sureties.

50 & 51 Vict. c. 25, s. 8.

Preparation of list of

persons

making default on recognizance. 7 Geo. 4,

c. 64, s. 31.

Criminal Procedure.

109. (1) In any such case the court or a magistrate, if satisfied by information on oath that the offender has failed to observe any of the conditions of his recognizance, may issue a warrant for his apprehension, or may, if it or he thinks fit, instead of issuing a warrant in the first instance, issue a summons to the offender and his sureties (if any) requiring him or them to attend at such court as may be specified in the summons.

(2) The offender, when apprehended, shall, if not brought forthwith before the court, be brought before a magistrate.

(3) The magistrate before whom an offender on apprehension is brought, or before whom he appears in pursuance of such summons as aforesaid, may remand him in custody or on bail until he can be brought before the court.

(4) An offender so remanded to custody may be committed during remand to a prison, or, if he is a child or young person under the age of sixteen, to a place of detention provided under the Juvenile Offenders Ordinance.

(5) The court, on being satisfied that a person bound by his recognizance to appear for conviction and sentence has failed to observe any condition of his recognizance, may forthwith, without further proof of his guilt, convict and sentence him for the original offence.

[97

110. The court, before directing the release of an offender under section 108, shall be satisfied that the sureties, if any, have fixed places of abode or regular occupation in the Colony.

Enforcing recognizance.

111. (1) The Registrar shall, during or after the close of each session, make out a list or lists of persons bound by recognizance to appear or to do any other thing, or who have been bound for the appearance of any other person or for his doing any other thing, at the said session and who have made default, or whose principal, or other person for whom they are so bound, has made default, to appear or to do such other thing at the said session; and the Registrar shall, if he is able to do so, state the cause why such default has been made.

178

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CAP. 221] Provision in case of offender failing to observe conditions of release. 7 Edw. 7, c. 17, s. 6. (Cap. 226.) Conditions as to abode of sureties. 50 & 51 Vict. c. 25, s. 8. Preparation of list of persons making default on recognizance. 7 Geo. 4, c. 64, s. 31. Criminal Procedure. 109. (1) In any such case the court or a magistrate, if satisfied by information on oath that the offender has failed to observe any of the conditions of his recognizance, may issue a warrant for his apprehension, or may, if it or he thinks fit, instead of issuing a warrant in the first instance, issue a summons to the offender and his sureties (if any) requiring him or them to attend at such court as may be specified in the summons. (2) The offender, when apprehended, shall, if not brought forthwith before the court, be brought before a magistrate. (3) The magistrate before whom an offender on apprehension is brought, or before whom he appears in pursuance of such summons as aforesaid, may remand him in custody or on bail until he can be brought before the court. (4) An offender so remanded to custody may be committed during remand to a prison, or, if he is a child or young person under the age of sixteen, to a place of detention provided under the Juvenile Offenders Ordinance. (5) The court, on being satisfied that a person bound by his recognizance to appear for conviction and sentence has failed to observe any condition of his recognizance, may forthwith, without further proof of his guilt, convict and sentence him for the original offence. [97 110. The court, before directing the release of an offender under section 108, shall be satisfied that the sureties, if any, have fixed places of abode or regular occupation in the Colony. Enforcing recognizance. 111. (1) The Registrar shall, during or after the close of each session, make out a list or lists of persons bound by recognizance to appear or to do any other thing, or who have been bound for the appearance of any other person or for his doing any other thing, at the said session and who have made default, or whose principal, or other person for whom they are so bound, has made default, to appear or to do such other thing at the said session; and the Registrar shall, if he is able to do so, state the cause why such default has been made. 178
Baseline (Original)
CAP. 221] Provision in case of offender failing to observe conditions of release. 7 Edw. 7, c. 17, s. 6. (Cap. 226.) Conditions as to abode of sureties. 50 & 51 Vict. c. 25, s. 8. Preparation of list of persons making default on recognizance. 7 Geo. 4, c. 64, 8. 31. Criminal Procedure. 109. (1) In any such case the court or a magistrate, if satisfied by information on oath that the offender has failed to observe any of the conditions of his recognizance, may issue a warrant for his apprehension, or may, if it or he thinks fit, instead of issuing a warrant in the first instance, issue a summons to the offender and his sureties (if any) requiring him or them to attend at such court as may be specified in the summons. (2) The offender, when apprehended, shall, if not brought forthwith before the court, be brought before a magistrate. (3) The magistrate before whom an offender on appre- hension is brought, or before whom he appears in pursuance of such summons as aforesaid, may remand him in custody or on bail until he can be brought before the court. (4) An offender so remanded to custody may be com- mitted during remand to a prison, or, if he is a child or young person under the age of sixteen, to a place of deten- tion provided under the Juvenile Offenders Ordinance. (5) The court, on being satisfied that a person bound by his recognizance to appear for conviction and sentence has failed to observe any condition of his recognizance, may forthwith, without further proof of his guilt, convict and sentence him for the original offence. [97 110. The court, before directing the release of an offender under section 108, shall be satisfied that the sureties, if any, have fixed places of abode or regular occupation in the [98 Colony. Enforcing recognizance. 111. (1) The Registrar shall, during or after the close of each session, make out a list or lists of persons bound by recognizance to appear or to do any other thing, or who have been bound for the appearance of any other person or for his doing any other thing, at the said session and who have made default, or whose principal, or other person for whom they are so bound, has made default, to appear or to do such other thing at the said session; and the Registrar shall, if he is able to do so, state the cause why such default has been made. 178
2026-05-03 19:53:34 · Baseline
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CAP. 221]

Provision in case of offender failing to observe conditions of release. 7 Edw. 7, c. 17, s. 6.

(Cap. 226.)

Conditions as to abode

of sureties.

50 & 51 Vict. c. 25, s. 8.

Preparation of list of

persons

making default on recognizance. 7 Geo. 4,

c. 64, 8. 31.

Criminal Procedure.

109. (1) In any such case the court or a magistrate, if satisfied by information on oath that the offender has failed to observe any of the conditions of his recognizance, may issue a warrant for his apprehension, or may, if it or he thinks fit, instead of issuing a warrant in the first instance, issue a summons to the offender and his sureties (if any) requiring him or them to attend at such court as may be specified in the summons.

(2) The offender, when apprehended, shall, if not brought forthwith before the court, be brought before a magistrate.

(3) The magistrate before whom an offender on appre- hension is brought, or before whom he appears in pursuance of such summons as aforesaid, may remand him in custody or on bail until he can be brought before the court.

(4) An offender so remanded to custody may be com- mitted during remand to a prison, or, if he is a child or young person under the age of sixteen, to a place of deten- tion provided under the Juvenile Offenders Ordinance.

(5) The court, on being satisfied that a person bound by his recognizance to appear for conviction and sentence has failed to observe any condition of his recognizance, may forthwith, without further proof of his guilt, convict and sentence him for the original offence.

[97

110. The court, before directing the release of an offender under section 108, shall be satisfied that the sureties, if any, have fixed places of abode or regular occupation in the [98 Colony.

Enforcing recognizance.

111. (1) The Registrar shall, during or after the close of each session, make out a list or lists of persons bound by recognizance to appear or to do any other thing, or who have been bound for the appearance of any other person or for his doing any other thing, at the said session and who have made default, or whose principal, or other person for whom they are so bound, has made default, to appear or to do such other thing at the said session; and the Registrar shall, if he is able to do so, state the cause why such default has been made.

178

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