1964_CRIMINAL_PROCEDURE_ORDINANCE — Page 73

HK Historical Laws 香港歷史法例 All AI Reviewed

72

CAP. 221]

Criminal Procedure

[1988 Ed.

(iii) is ordered to be detained in a training centre under the Training Centres Ordinance;

(iv) is made the subject of a probation order under section 3 of the Probation of Offenders Ordinance (Cap. 298); or

(v) attains the age of 26.

(6) A person who fails to comply with a supervision order under subsection (1) shall be guilty of an offence and liable on conviction to a fine of $5,000 and to imprisonment for 12 months.

(Added, 14 of 1980, s. 2)

Recall orders

109AB. (1) Where the Commissioner of Correctional Services is satisfied that a person against whom a supervision order under subsection (1) of section 109AA is in force has failed to comply with the order, he may, if such person earned remission under rule 69 of the Prison Rules (Cap. 234, sub. leg.) in respect of the period of imprisonment which ended on his release from prison referred to in that subsection, make a recall order against him requiring him to return to prison.

(2) Subject to subsections (3) and (4), a person against whom a recall order is made under subsection (1) may be detained in prison for a period equivalent to the amount of the remission that was earned by him.

(3) The Commissioner of Correctional Services may at any time release a person who is detained pursuant to a recall order under subsection (1).

(4) A recall order under subsection (1) shall cease to have effect where the person against whom it was made---

(a) is ordered to serve a term of imprisonment;

(b) is ordered to be detained in an addiction treatment centre under the Drug Addiction Treatment Centres Ordinance (Cap. 244);

(c) is ordered to be detained in a training centre under the Training Centres Ordinance (Cap. 280);

(d) is made the subject of a probation order under section 3 of the Probation of Offenders Ordinance (Cap. 298); or

(e) attains the age of 26.

Arrest etc. of persons unlawfully at large

(Added, 14 of 1980, s. 2)

109AC. (1) If a person against whom a recall order is made under section 109AB(1) is at large at the time it is made, he shall be deemed to be unlawfully at large.

(2) A police officer may, if he reasonably suspects that a recall order under section 109AB(1) is in force against a person and that that person is unlawfully at large, arrest him and take him to a prison.

(2A) An officer of the Correctional Services Department specified in a supervision order made under section 109AA in respect of a person against whom a recall order has been made under section 109AB(1) or such other officer

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72 CAP. 221] Criminal Procedure [1988 Ed. (iii) is ordered to be detained in a training centre under the Training Centres Ordinance; (iv) is made the subject of a probation order under section 3 of the Probation of Offenders Ordinance (Cap. 298); or (v) attains the age of 26. (6) A person who fails to comply with a supervision order under subsection (1) shall be guilty of an offence and liable on conviction to a fine of $5,000 and to imprisonment for 12 months. (Added, 14 of 1980, s. 2) Recall orders 109AB. (1) Where the Commissioner of Correctional Services is satisfied that a person against whom a supervision order under subsection (1) of section 109AA is in force has failed to comply with the order, he may, if such person earned remission under rule 69 of the Prison Rules (Cap. 234, sub. leg.) in respect of the period of imprisonment which ended on his release from prison referred to in that subsection, make a recall order against him requiring him to return to prison. (2) Subject to subsections (3) and (4), a person against whom a recall order is made under subsection (1) may be detained in prison for a period equivalent to the amount of the remission that was earned by him. (3) The Commissioner of Correctional Services may at any time release a person who is detained pursuant to a recall order under subsection (1). (4) A recall order under subsection (1) shall cease to have effect where the person against whom it was made--- (a) is ordered to serve a term of imprisonment; (b) is ordered to be detained in an addiction treatment centre under the Drug Addiction Treatment Centres Ordinance (Cap. 244); (c) is ordered to be detained in a training centre under the Training Centres Ordinance (Cap. 280); (d) is made the subject of a probation order under section 3 of the Probation of Offenders Ordinance (Cap. 298); or (e) attains the age of 26. Arrest etc. of persons unlawfully at large (Added, 14 of 1980, s. 2) 109AC. (1) If a person against whom a recall order is made under section 109AB(1) is at large at the time it is made, he shall be deemed to be unlawfully at large. (2) A police officer may, if he reasonably suspects that a recall order under section 109AB(1) is in force against a person and that that person is unlawfully at large, arrest him and take him to a prison. (2A) An officer of the Correctional Services Department specified in a supervision order made under section 109AA in respect of a person against whom a recall order has been made under section 109AB(1) or such other officer
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72 CAP. 221] Criminal Procedure [1988 Ed. (iii) is ordered to be detained in a training centre under the Training Centres Ordinance; (iv) is made the subject of a probation order under section 3 of the Probation of Offenders Ordinance (Cap. 298); or (v) attains the age of 26. (6) A person who fails to comply with a supervision order under subsec- tion (1) shall be guilty of an offence and liable on conviction to a fine of $5,000 and to imprisonment for 12 months. ( Added, 14 of 1980, s. 2) Recall orders 109AB. (1) Where the Commissioner of Correctional Services is satisfied that a person against whom a supervision order under subsection (1) of section 109AA is in force has failed to comply with the order, he may, if such person earned remission under rule 69 of the Prison Rules (Cap. 234, sub. leg.) in respect of the period of imprisonment which ended on his release from prison referred to in that subsection, make a recall order against him requiring him to return to prison. (2) Subject to subsections (3) and (4), a person against whom a recall order is made under subsection (1) may be detained in prison for a period equivalent to the amount of the remission that was earned by him. (3) The Commissioner of Correctional Services may at any time release a person who is detained pursuant to a recall order under subsection (1). (4) A recall order under subsection (1) shall cease to have effect where the person against whom it was made--- (a) is ordered to serve a term of imprisonment; (b) is ordered to be detained in an addiction treatment centre under the Drug Addiction Treatment Centres Ordinance (Cap. 244); (c) is ordered to be detained in a training centre under the Training Centres Ordinance (Cap. 280); (d) is made the subject of a probation order under section 3 of the Probation of Offenders Ordinance (Cap. 298); or (e) attains the age of 26. Arrest etc. of persons unlawfully at large (Added, 14 of 1980, s. 2) 109AC. (1) If a person against whom a recall order is made under section 109AB(1) is at large at the time it is made, he shall be deemed to be unlawfully at large. (2) A police officer may, if he reasonably suspects that a recall order under section 109AB(1) is in force against a person and that that person is unlawfully at large, arrest him and take him to a prison. (2A) An officer of the Correctional Services Department specified in a supervision order made under section 109AA in respect of a person against whom a recall order has been made under section 109AB(1) or such other officer ப்
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72

CAP. 221]

Criminal Procedure

[1988 Ed.

(iii) is ordered to be detained in a training centre under the Training Centres Ordinance;

(iv) is made the subject of a probation order under section 3 of the Probation of Offenders Ordinance (Cap. 298); or

(v) attains the age of 26.

(6) A person who fails to comply with a supervision order under subsec- tion (1) shall be guilty of an offence and liable on conviction to a fine of $5,000 and to imprisonment for 12 months.

( Added, 14 of 1980, s. 2)

Recall orders

109AB. (1) Where the Commissioner of Correctional Services is satisfied that a person against whom a supervision order under subsection (1) of section 109AA is in force has failed to comply with the order, he may, if such person earned remission under rule 69 of the Prison Rules (Cap. 234, sub. leg.) in respect of the period of imprisonment which ended on his release from prison referred to in that subsection, make a recall order against him requiring him to return to prison.

(2) Subject to subsections (3) and (4), a person against whom a recall order is made under subsection (1) may be detained in prison for a period equivalent to the amount of the remission that was earned by him.

(3) The Commissioner of Correctional Services may at any time release a person who is detained pursuant to a recall order under subsection (1).

(4) A recall order under subsection (1) shall cease to have effect where the person against whom it was made---

(a) is ordered to serve a term of imprisonment;

(b)

is ordered to be detained in an addiction treatment centre under the Drug Addiction Treatment Centres Ordinance (Cap. 244);

(c) is ordered to be detained in a training centre under the Training

Centres Ordinance (Cap. 280);

(d) is made the subject of a probation order under section 3 of the

Probation of Offenders Ordinance (Cap. 298); or

(e) attains the age of 26.

Arrest etc. of persons unlawfully at large

(Added, 14 of 1980, s. 2)

109AC. (1) If a person against whom a recall order is made under section 109AB(1) is at large at the time it is made, he shall be deemed to be unlawfully at large.

(2) A police officer may, if he reasonably suspects that a recall order under section 109AB(1) is in force against a person and that that person is unlawfully at large, arrest him and take him to a prison.

(2A) An officer of the Correctional Services Department specified in a supervision order made under section 109AA in respect of a person against whom a recall order has been made under section 109AB(1) or such other officer

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