1964_CRIMINAL_PROCEDURE_ORDINANCE — Page 79

HK Historical Laws 香港歷史法例 All AI Reviewed

CAP. 221]

Criminal Procedure

[1988 Ed.

(b) directing payment of that amount by instalments of such amounts and on such dates respectively as may be specified in the order. [cf. U.K. 1973 c. 62, s. 31]

(3) If the court imposes a fine on any person under subsection (1), the court shall make an order fixing a term of imprisonment not exceeding 12 months which that person is to undergo if any sum which he is liable to pay is not duly paid.

(4) In this section, “court" includes the District Court.

(Added, 50 of 1981, s. 4) [cf. U.K. 1973 c. 62, s. 30(1)]

Fines, forfeitures, and contempts

Powers of court in relation to fines and forfeited

recognizances

114. (1) Subject to the provisions of this section, where a fine is imposed by, or a recognizance is forfeited before, a court, an order may be made in accordance with the provisions of this section-

(a) allowing time for the payment of the amount of the fine or the amount

due under the recognizance;

(b) directing payment of the said amount by instalments of such amounts

and on such dates respectively as may be specified in the order;

(c) fixing a term of imprisonment which the person liable to make the payment is to undergo if any sum which he is liable to pay is not duly paid or recovered;

(d) in the case of a recognizance, discharging the recognizance or reducing

the amount due thereunder. (Amended, 35 of 1976, s. 13)

(2) Where any person liable for the payment of a fine or a sum due under a recognizance to which this section applies is sentenced by the court to, or is serving or otherwise liable to serve, a term of imprisonment, the court may order that any term of imprisonment fixed under subsection (1)(c) shall not begin to run until after the end of the first-mentioned term of imprisonment.

(3) The power conferred by this section to discharge a recognizance or reduce the amount due thereunder shall be in addition to the powers conferred by any other enactment relating to the discharge, cancellation, mitigation or reduction of recognizances or sums forfeited thereunder.

(4) Where any such order as aforesaid is made directing payment by instalments of a fine or the amount due under a recognizance, and default is made in the payment of any one instalment, the same proceedings may be taken as if default had been made in payment of all the instalments then remaining unpaid.

(5) Where any such order as aforesaid is made fixing a term of imprisonment in default of payment of a fine or the amount due under a recognizance, then-

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78 CAP. 221] Criminal Procedure [1988 Ed. (b) directing payment of that amount by instalments of such amounts and on such dates respectively as may be specified in the order. [cf. U.K. 1973 c. 62, s. 31] (3) If the court imposes a fine on any person under subsection (1), the court shall make an order fixing a term of imprisonment not exceeding 12 months which that person is to undergo if any sum which he is liable to pay is not duly paid. (4) In this section, “court" includes the District Court. (Added, 50 of 1981, s. 4) [cf. U.K. 1973 c. 62, s. 30(1)] Fines, forfeitures, and contempts Powers of court in relation to fines and forfeited recognizances 114. (1) Subject to the provisions of this section, where a fine is imposed by, or a recognizance is forfeited before, a court, an order may be made in accordance with the provisions of this section- (a) allowing time for the payment of the amount of the fine or the amount due under the recognizance; (b) directing payment of the said amount by instalments of such amounts and on such dates respectively as may be specified in the order; (c) fixing a term of imprisonment which the person liable to make the payment is to undergo if any sum which he is liable to pay is not duly paid or recovered; (d) in the case of a recognizance, discharging the recognizance or reducing the amount due thereunder. (Amended, 35 of 1976, s. 13) (2) Where any person liable for the payment of a fine or a sum due under a recognizance to which this section applies is sentenced by the court to, or is serving or otherwise liable to serve, a term of imprisonment, the court may order that any term of imprisonment fixed under subsection (1)(c) shall not begin to run until after the end of the first-mentioned term of imprisonment. (3) The power conferred by this section to discharge a recognizance or reduce the amount due thereunder shall be in addition to the powers conferred by any other enactment relating to the discharge, cancellation, mitigation or reduction of recognizances or sums forfeited thereunder. (4) Where any such order as aforesaid is made directing payment by instalments of a fine or the amount due under a recognizance, and default is made in the payment of any one instalment, the same proceedings may be taken as if default had been made in payment of all the instalments then remaining unpaid. (5) Where any such order as aforesaid is made fixing a term of imprisonment in default of payment of a fine or the amount due under a recognizance, then-

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78 CAP. 221] Criminal Procedure [1988 Ed. (b) directing payment of that amount by instalments of such amounts and on such dates respectively as may be specified in the order. [cf. U.K. 1973 c. 62, s. 31] (3) If the court imposes a fine on any person under subsection (1), the court shall make an order fixing a term of imprisonment not exceeding 12 months which that person is to undergo if any sum which he is liable to pay is not duly paid. (4) In this section, “court" includes the District Court. (Added, 50 of 1981, s. 4) [cf. U.K. 1973 c. 62, s. 30(1)] Fines, forfeitures, and contempts Powers of court in relation to fines and forfeited recognizances 114. (1) Subject to the provisions of this section, where a fine is imposed by, or a recognizance is forfeited before, a court, an order may be made in accordance with the provisions of this section- (a) allowing time for the payment of the amount of the fine or the amount due under the recognizance; (b) directing payment of the said amount by instalments of such amounts and on such dates respectively as may be specified in the order; (c) fixing a term of imprisonment which the person liable to make the payment is to undergo if any sum which he is liable to pay is not duly paid or recovered; (d) in the case of a recognizance, discharging the recognizance or reducing the amount due thereunder. (Amended, 35 of 1976, s. 13) (2) Where any person liable for the payment of a fine or a sum due under a recognizance to which this section applies is sentenced by the court to, or is serving or otherwise liable to serve, a term of imprisonment, the court may order that any term of imprisonment fixed under subsection (1)(c) shall not begin to run until after the end of the first-mentioned term of imprisonment. (3) The power conferred by this section to discharge a recognizance or reduce the amount due thereunder shall be in addition to the powers conferred by any other enactment relating to the discharge, cancellation, mitigation or reduction of recognizances or sums forfeited thereunder. (4) Where any such order as aforesaid is made directing payment by instalments of a fine or the amount due under a recognizance, and default is made in the payment of any one instalment, the same proceedings may be taken as if default had been made in payment of all the instalments then remaining unpaid. (5) Where any such order as aforesaid is made fixing a term of imprison- ment in default of payment of a fine or the amount due under a recognizance, then- !

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